Archive for the ‘Uncategorized’ Category
Ask about legal fees. A lawyer should offer you the choice of paying cash as you go along, but that can be expensive. Or, a lawyer can offer you a Contingency Fee agreement under which he agrees to handle your case for a percentage of the total award. If you lose, you do not pay his legal fee.
In most states, the maximum percentage of your winnings a lawyer can take under a contingency agreement is controlled by law. In other states, lawyers can charge whatever the client will agree to, within reason; however, there is one thing you should know. A lawyer can always agree to reduce his fee. Only the maximum is set by law. If a lawyer tells you that 40% of your award is the authorized legal fee in your state, he means that 40% is the most the courts will allow him to charge you. It does not mean that he cannot give you a better deal. Any lawyer can negotiate his fee with you, and you should try to get the best possible arrangement, especially if your case is worth a substantial amount and a large legal fee. Do not be afraid to ask. (more…)
Check the records in your county courthouse. Many states keep the records of settled, medical malpractice and dental malpractice cases, either in the county or federal courthouse. In some states and localities, these records may be accessed on-line. The listings have information about each case, including the names of the lawyers and whether the case was won or lost. If you can do this, it is a good way to find out the names of winning lawyers. You can contact the clerk’s office at your county courthouse and ask how and where you can see the files of old, medical malpractice or dental malpractice cases.
What if the lawyer has a take-it-or-leave-it attitude? What should you do if you interview a lawyer and he seems to resent your questions or acts as if he is doing you a favor to take your case? Most lawyers are skilled and hard bargainers and may strike a tough pose or act as if they are doing you a favor just to get you to sign up with them on their terms. (more…)
How do you find lawyers to interview? What if you do not know any lawyers, because you never had any dealings with them? Where do you start? The following suggestions will help you locate a lawyer, who will give you the best chance of winning your case:
Pick a lawyer at random. The chance that you will be lucky and choose an experienced, medical malpractice or dental malpractice lawyer is not good. Even if the lawyer does not take your case himself, and refers you to a malpractice specialist, he will probably get a referral fee, and you may be paying extra for less service from the lawyer who actually handles your case.
When you go to a big law firm, or one that is headed a famous lawyer, the chances you will get the “big gun” to handle your medical malpractice or dental malpractice case are slim, unless you have a very big case or a class-action suit. You will probably be directed to one of the other members of the firm, who will handle your case from beginning to end. Chances are that none of the other lawyers in the firm will work on it or even meet with you.
The lawyers in a firm are divided into partners, who are the owners and experienced lawyers. Associates are employees and trainees. If the lawyer assigned to your case is an associate, it means you have the second team. Lawyers usually do not gain the skills and experience to become partner much under the age of 40. You should be aware of this, if you are turned over to a young attorney in a large law firm. (more…)
Tips on Finding a Good Malpractice Lawyer
It may be difficult to find a doctor-lawyer to handle your case. However, you should certainly look for a lawyer, who has experience with medical malpractice or dental malpractice cases and has a winning record. (more…)
Finding a Competent Lawyer
Any licensed lawyer can handle a legal problem, but many lawyers do not have the background, financial resources, or experience to handle a medical or dental malpractice case successfully. A lawyer who does not have a solid understanding of medical malpractice or dental malpractice, and the issues in your case, is unlikely to guide you safely through the maze of problems that will arise.
Finding a Medical or Dental Malpractice Lawyer
Now that you have determined you were injured by a doctor’s negligence, do you go to his office or write him a letter saying: “Your negligence has caused me terrible suffering and financial loss. Have your insurance company get in touch with me to discuss a settlement.” No. The doctor will only show you the door and call his malpractice insurance company. He may even try to talk you out of suing him. Or, an adjuster from his insurance company may go to your home and get you to sign away your rights for a small, quick settlement.
Medical & Dental Malpractice – Should You Leave Out Defendants?
What if you like one of the doctors and do not want to sue him, or your relative works for the hospital where you were a patient and you do not want to cause trouble by suing the hospital? Can you leave them out, even though they were partly responsible? Can you pick out one doctor, whom you dislike, sue him, and leave everybody else alone?
What if You or Your Lawyer Make a Mistake and Sue the Wrong Doctor?
It can happen. If your case was complicated, or your treatment involved several doctors, it can be confusing and will require the assistance of medical experts or dental experts to sort it out and identify the real culprits. (more…)
Why not sue everybody in a medical or dental malpractice case? There are several reasons, to list just a few:
You do not want to sue innocent people. These are called harassment suits. They are not ethical, and they usually fail. In some states, they can also expose you to a countersuit by the doctor or an assessment of costs by the court for bringing a frivolous lawsuit. More importantly, if you go into court suing a number of people, especially if some of them are obviously innocent, you will prejudice the jury against you and appear to be a quarrelsome person, who does not deserve anything.