5 Questions to Ask Your Medical Malpractice Attorney
If you or somebody you care about has been injured due to the negligent actions of a medical professional, you need to act quickly to secure legal assistance. These cases are complicated, and there are various questions that you should ask your potential medical malpractice attorney. Here, we want to review these questions and explain why they are important to know.
1. Do You Have a Case?
This seems like one of the most obvious questions to ask, and you likely would not be speaking to an attorney if you did not think you have a case. However, you need to ask your lawyer if they think your case is worth pursuing.
Chances are, if an attorney is willing to take your case, then you probably have a viable case. An attorney may not take the time and resources to pursue a case if they do not think they will be able to win it on your behalf. Even if you think you have a solid case, there may be a reason that you’re not aware of that could hold your claim up. An experienced attorney needs to examine the facts and help you make those decisions.
2. Was the Doctor At-Fault?
This is a difficult question to answer, and an attorney may not be able to answer this for you right up front. One of the main facets of their malpractice claim is working with trusted and qualified medical professionals who can examine the facts of the case and help provide their expert testimony during the negotiation process or to a medical malpractice jury.
3. Should You Settle Before a Trial?
Even though the vast majority of legitimate medical malpractice and personal injury claims are resolved through settlements as opposed to going all the way to trial, that does not necessarily mean that a settlement will be the best route toward recovering compensation. In a perfect world, a medical professional, their legal team, and their insurance carrier would admit a mistake and pay full compensation.
However, it is almost guaranteed that a doctor and the legal team will fight any medical malpractice claim filed against them. An attorney will obviously attempt to reach a fair settlement before trial becomes necessary, but they may need to pursue the claim in civil court in front of a jury to ensure their client is treated fairly.
4. How Much is My Claim Worth?
An attorney may not be able to tell you upfront how much your claim is worth, but they may be able to make an estimate to help you understand what you are getting into. Experienced medical malpractice lawyers will likely be able to give you a ballpark answer, but please understand that this is not a guarantee that your claim will be successful. There are many variables that could derail a case, even in the middle of the settlement negotiations. The goal of a medical malpractice claim is to make the plaintiff “whole,” which includes recovering compensation for all medical expenses, any lost wages they incur, pain and suffering damages, and other various expenses.
5. Do You Have Medical Malpractice Claim Experience?
Ask your attorney whether or not they have extensive experience handling malpractice claims. Ask them about past settlements or jury verdicts they have been able to help clients achieve. There are many personal injury attorneys out there, but not all of them handle medical malpractice claims or have extensive experience doing so.
