When to Hire a Malpractice Attorney
Experienced lawyers can help make your case appealing to the jury, helping you win compensation for damages. If you want to find out how much you will be compensated and learn about medical malpractice lawyers, continue reading the sections below.
Why Hire Medical Malpractice Lawyers?There are many reasons why hiring medical malpractice lawyers is a good idea. Some are quite obvious, such as having someone with expertise in their field supporting you. Another is that a specialized lawyer can offer resources an average person will not have.
Attorneys will have a rolodex of connections to help you with your malpractice case. They can speak with someone who is an expert in their field to back up your claim. Aside from research, an attorney can handle the administrative tasks that you may not be able to complete on your own. Furthermore, the attorney is your advocate and their job is to offer support and counsel throughout your case. There are many other reasons why a malpractice attorney is necessary, but below are the main reason to hire one.
To Prove MalpracticeIn order to prove that a doctor has injured you because of medical malpractice, your case must meet certain criteria. The job of your attorney is to gather this information to provide enough evidence to a jury. However, your attorney must have a thorough understanding of negligence law. He or she must know this kind of law and other state laws relating to medical malpractice.
With these specific details in mind, there are general requirements to prove your claim. The first is to establish that there was a doctor-patient relationship. Meaning you are suing because you hired this doctor to treat you and they did not do so properly. The next requirement is to prove negligence. You cannot sue because you were unhappy with your treatment. The following requirement is that injury from negligence led to specific damages, like physical pain or mental anguish.
To Argue Your CaseFor a malpractice lawsuit, the case sometimes presented in front of a judge and jury. The success of the case is dependent on whether it was argued well. Experienced attorneys know how to present a malpractice case to a jury to build a claim that reflects the needs of their client. They also know how to do so in a way that meets the standards of the judge.
Check for online reviews for any attorneys that you are considering. Also check if they belong to a personal injury trial lawyers association. Note if they are an active member in their associations or have held any leadership positions. This will be a signal how legitimate they are.
To Negotiate SettlementsNegotiating settlements can become complicated if you are not prepared. A malpractice injury lawyer has the time to gather pertinent information for the case such as calling insurance companies. Corresponding with insurance companies to make claims is one of the more difficult aspects of a medical malpractice claim.
The average person does not know what to ask for help when speaking with an insurance representative. Thus, an experienced attorney will know what to ask and will not be intimidated by the legal team of an insurance company. They will know how to build an effective strategy to negotiate for the best settlement.
Likelihood of Winning a CaseThe likelihood of winning a malpractice lawsuit will depend on the strength of your evidence. When the evidence is weak, 80 percent of physicians win the jury trials. For borderline evidence, 70 percent of cases are won. If there is strong evidence of medical malpractice, then 50 percent of cases are won.
At times, lawyers are willing to drop a case even if they find it to be defensible. There is an 80 to 90 percent drop rate for lawyers dismissing cases without payment. Studies show a theory that juries during trials will be skeptical of patients who file lawsuits against a physician. Studies also show that physicians are more likely to hire more experienced lawyers.
What Is Your Settlement Going to be Like?Medical malpractice statistics show that the average malpractice settlement in the past decade is about $309,908. Often, victims of medical malpractice have severe financial problems related to the damages. This can include medical expenses and lost income because of injury. This is why the average settlement is so high.
Generally, 90 percent of medical malpractice claims are settled out of court. Neither side wants to go to court because it is costly and time consuming. Cases will only reach a trial when neither party can agree on a settlement amount. Thus, going to trial is usually left as a last resort.