Eight Questions to Ask Your Medical Malpractice Attorney
Have you suffered from a misdiagnosis that caused severe illness or injury? Do you have a loved one that is being abused at a nursing home? When we are treated for symptoms that require medical attention, we put our trust in the experts and professionals to take care of us and provide us with solutions to our problems. However, even the experts can make mistakes sometimes. Their mistakes, however, may be more costly than others, as they often have people's safety and health to consider. As a personal injury attorney in Miami, FL, we deal with many medical malpractice lawsuits that concern injuries suffered from medial mistreatment, misdiagnosis, or abuse. When you are going through this tough legal process to receive compensation for your injury, you will want to have the best counsel on your team. There are a few important questions to ask your medical malpractice attorney before you hire them.
What experience do you have working on medical malpractice cases?
Before you hire an attorney to handle your case, you should always ask about their previous experience with this type of legal concern. When you know that they have the experience and expertise to handle your case, you will feel much more comfortable with their skills than if they are first-timers. Talk to a few different attorneys to decide which one has the most experience with your specific injury and medical malpractice story. The more experienced and reputable the law firm, the higher the chances you will have to secure the outcome you are looking for in your case.
Where do I even start?
Getting started with a legal claim can be overwhelming, as it may require many documents that are confusing or even difficult to read. Legal jargon, combined with medical jargon associated with medical malpractice lawsuits, can make even one paragraph seem like its written in a different language. Trusting the help of our personal injury attorney in Miami, FL will provide you with a clear understanding of these documents and any other confusing parts of the legal process. When you first get started, we will be able to walk you through everything you need to know and all the responsibilities that you need to take care of.
Do I have a statute of limitations to file my case?
Personal injury cases have a statute of limitations that may expire before you have the chance to file a lawsuit. Many medical malpractice lawsuits must be filed within two to six years after the injury is sustained, depending on the state. If you do not file a lawsuit within that time frame, you will lose the right to sue for anything related to that incident of malpractice. The exceptions to the statute of limitations also vary from state-to-state, so you will want to discuss this with your attorney during the initial stages.
What type of evidence do I need to start my lawsuit?
When you file a medical malpractice lawsuit, you will need to provide evidence for a few different things to even get the process started. The viability of a medical malpractice lawsuit will be dependent on a few factors, such as:
- Proof that a doctor-patient relationship existed
- Proof that standard of care was compromised
- Proof that your doctor was negligent and it resulted in harm
- Proof of quantifiable damages
What are my chances of getting a settlement before going to trial?
This is an important question, because many people that have suffered injuries due to medical negligence have already suffered enough. For this reason, our personal injury attorney in Miami, FL works hard to get you a settlement before your case would need to go to trial. In fact, roughly 90% of medical malpractice cases reach settlement before they go to trial, so you have a high likelihood of this happening to you. Remember that neither side wants to go to court.
What are your fees?
Before you hire an attorney, you will want to ask about their costs of service. Some victims actually choose not to even pursue their medical malpractice case because they assume that they cannot afford the services of an experienced and reputable personal injury attorney in Miami, FL. However, these professionals typically operate on a contingency fee basis, which means that they receive a percent of your total settlement.
Who works on my case?
When you are paying good money for the help of a qualified attorney, you want to be sure that you can reach them whenever you have any information or documentation that is pertinent to the case. Also, you want to be sure that the top-notch attorneys are working on your case, not just assistants or less experienced attorneys-in-training. Understanding who is working on your case will provide you with the peace of mind that the right team is working for your best interests.
Do I reach out the liable individual's insurance company?
When you are in the middle of a lawsuit, communication with the other party can be a mistake. However, if you have information that you wish them to know, you will want to discuss how to approach this with your attorney. If you feel as though you cannot afford the services of a legal team to take care of these responsibilities for you, ask them about how they charge you for these extra services or if they are included in the overall contingency fee agreement.
These are a few important questions to ask your personal injury attorney in Miami, FL before you choose who will represent your medical malpractice case. As you become more familiar with the legal process, you will gain more comfort in standing up to those responsible for your injury so that you can finally receive the compensation you deserve for your medical expenses, pain, and suffering. Contact the experienced attorneys at Coastal Claims Law Firm to hear how we can advocate for you today.