Updated June 27, 2020
Choosing a medical malpractice lawyer is a decision that will significantly impact the financial and emotional lives of malpractice victims and their families. You may have very little experience choosing an attorney and may find yourself overwhelmed by the responsibility of choosing the best attorney to represent you.
Here are five questions you should ask any medical malpractice attorney you are considering for your case.
A record of successful medical malpractice claims in your area may indicate your lawyer has enough experience and knowledge of the local system, courts, and judges to prevail in your case as well. Medical malpractice cases are extremely complicated and require the knowledge of someone familiar with both the legal and medical components of your case.
Medical malpractice cases are expensive. Ask about costs you are responsible for if the case does not go forward or if you should lose the verdict and what types of experts the lawyer will hire to help build the case against the medical provider.
Most medical malpractice attorneys operate on a contingency fee basis, meaning if the lawyer isn’t successful obtaining a recovery for your medical malpractice injuries, the lawyer doesn’t get paid, and you owe nothing.
It depends on the severity of your injuries and how complicated the case is. Most cases take anywhere from one to five years to complete. Time will vary due to the number of parties involved, the number of depositions and investigation needed, schedules of experts, and the judge.
If the case is tried and you obtain a favorable verdict, the defendant has a right to appeal. An appeal may further prolong a case’s conclusion. Additionally, if your case has significant damages and reaches the cap, the Indiana Patient’s Compensation Fund may cover excess compensation.
Sometimes the lawyer you meet is not the person performing most of the pretrial work. Some firms use less experienced associate attorneys to take depositions. If that’s the case, ask about their experience and qualifications. Lawyers may also hand the case off to other attorneys if it seems headed for trial.
You’re going to form a relationship with the attorney working on your case. Make sure you know who they are and that you’re comfortable with them.
Dedicated and passionate medical malpractice attorneys frequently write and speak on these topics. Furthermore, those who write and teach are generally more up to date on current issues in this specialty. Don’t be afraid to ask the lawyer about their history and how they became a medical malpractice lawyer.
If you or a loved one have been injured as a result of medical malpractice or negligence, contact the Indianapolis Medical Malpractice Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can answer your questions and help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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