Newest Posts Other Blogs | MarketplaceArmy Medical MalpracticePosted on January 25, 2010. Medical Malpractice: What to Look for in an Attorney The concept of purchasing a lawyer may seem strange to many people, especially those with little contact with the law. For many, the law seems an incomprehensible enigma filled with jargon of Latin, a complex legal system, and high stakes all around. But like all industries, law, and representation in medical malpractice particular, is a commodity. And like all products there are few suppliers of high quality and many of those pathetic. Unfortunately, finding a lawyer, medical malpractice is not good as simple as finding a discount, rather, is a bit like finding a good car mechanic. But at least with a car mechanic, you can have a judge of the quality of his work if your car runs at the end of the day. In medical malpractice litigation, however, you'll never know if you got the best settlement or damage that you may have. So the only recourse is to do your due diligence in advance and do enough research to ensure that your lawyer is decent. Here are some basic rules:
If your lawyer is very young, then it is probably just too young to be good. Being a plaintiff's attorney (which is what you are asking to be) is an extremely difficult task that requires much experience and know-how. While the defense was generally an army of young lawyers who are capable in their aspect of the case, the plaintiff lawyers are usually 2 or 3 which has run the whole file. So, if you encounter a lawyer who has been practicing for several years at least, do not hire him / her at the head of your case.
A good plaintiff lawyer is always well funded. Most plaintiff's lawyers will take your case on an emergency (which means they receive nothing if you do not win). This also means that your lawyer must have enough money to fight against a very long time for you. If the defendant acknowledges that counsel for your applicant is short of money, the defendant merely threaten to extend indefinitely the case, force your lawyer to settle at a price well below what you could obtain otherwise. Check this information by asking them what information they can provide on the average length of the case, how much they spend, as well as intangibles like the appearance of the office.
A shareholder has been a law student who works in a law firm during the summer. You can not know where the good companies, but these students of course. Summer associates are well paid, so it is a good indicator of the company a strong complainant, if they have been a number of Associates. Not every plaintiff lawyer good these, however, do not scrape off a company on this basis alone, it suffices to take as an indicator.
In any decent medical malpractice suit, the attorney still ask to be paid on contingency. This means that the prosecutor will reduce your earnings. This percentage varies from the size and type of cases, but always remember that it is negotiable. If an attorney ever asks for you to put money up front or hourly wages, so do not use him / her as your lawyer for malpractice. If you shop around, and while many attorney tell you that they only take your case on an hourly rate, you can be assured that your case will be an uphill battle. It may be best not to fall than to fight it at all. CommentsThere are no comments.Leave a Comment |