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How to Pick a Medical Malpractice Attorney



If you feel you are a victim of medical malpractice, it is important to locate a qualified medical malpractice attorney. Be cautious of lawyers advertising on TV, and especially of advertisements interested in adding your name to a class action suit. Victims in class action suits often receive far lower compensation than individual plaintiffs, as the lawyer earns his fee as a contingency of the entire award, not just yours.

Interview a Medical Malpractice Attorney

Like anything else, it's important to interview your medical malpractice attorney. Visit several; most have free consultations in which you can offer the details of your case and allow them to determine whether or not it is in their best interest to provide legal services to you. It is important to realize that your medical malpractice attorney will probably work on contingency, which means he'll only get paid when you are awarded a settlement or judgment - so if he doesn't think he can win, he won't take it.

Pick a Medical Malpractice Attorney

Most people start with asking people they know - networking can be very useful. If a friend or family member has used the services of a medical malpractice attorney, ask if they were happy with the representation and, if so, call their lawyer and ask for a consultation. Steer away from public solicitations on TV - if a lawyer doesn't make enough money without advertising for business, there has to be a reason.

Question the Qualifications of a Medical Malpractice Attorney

Don't be afraid to ask for the type of experience and length of time the medical malpractice attorney has. Has he ever tried a case like yours, what were the results? Is he intimidated by doctors and hospitals? This might not be evident until you see him at work, but it doesn't hurt to ask. Ask how many cases have been settled out of court, and how many have gone to trial. Ask for a record of accomplishment - if he doesn't have one, look elsewhere. If he has never tried a case like yours - find someone who has.

Not All Cases End Favorably

Even with the representation of the best medical malpractice attorney, not all cases end favorably. In addition, cases are not tried and settled in a short period of time. Many last for years, and once a settlement has been awarded, it may take several more years to get any type of payment, because the decision will probably be appealed. If you are terminally ill, it is possible you won't survive the outcome of the trial-this is an important consideration.

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