Some of the frequently asked questions involving medical malpractice claims have been discussed below. These questions should be fully answered by your medical malpractice lawyer.
- What costs will you incur when filing a medical malpractice claim?
You need to know that most of the attorneys who handle these kinds of cases work under a “contingency fee” basis. What this means is that the attorney will never charge you any hourly rates. But instead, the attorney gets to have a portion of any benefits that you will receive if, in any case, you win the case. Most of these attorneys will also opt to cover all the costs involved through the whole process like discovery costs, witness costs, and expert fees. Financial concerns should, therefore, not be the reason for you to back out of filing a medical malpractice claim if you feel you were mishandled medically and want to have some compensation.
- How long can you go without making a claim?
The time-frame for medical malpractice victims varies from state to state. But overall, this time is usually limited. Failure to file your claim within the time-frame set by your state, then it means that your claim will be forfeited and so you will not be able to file any claim later on in the future concerning the current events. In some states, it is usually one year, or even less. Other states offer even longer time-frames, up to two years even. And if you fail to file your case before then, you will not be able even to recover the case to present it later on in the future.
- How long does this case take to complete?
You will notice that there is no way for one to know the exact time that any case will take. Different cases take different duration before they are resolved, depending on the nature of the case and available evidence provided. If you feel you’re not satisfied with the judgment, you can also appeal your case which will further extend the duration of the case. So, before you file for a medical malpractice case, you need to be ready for the many hours and years you will have to testify and try to win your case.
- What if the attorney you pick decides not to pick your case?
By yourself, it is not easy to know and decide whether your medical malpractice case is worth filing in court and the appropriate steps to follow in the process. You need some good advice from an attorney experienced in the medical malpractice field. There are times when you will find an attorney declines to handle your case. This is not news, what you should do it approach another attorney and present your case, he/she may end up taking it and helping you out.
- How will you know whether your case has merit?
Before filing your medical malpractice case, you need to realize and accept that not all of these cases will be the same. Each is different from the other in one way of the other. Thus, for you to determine whether your medical malpractice claim has merit, then you need to run it by some processes. First, you need to have a qualified attorney to view your case. Look for and have available all the medical records that will prove that the malpractice indeed happened. You also need to know that the case you present before the court will be viewed from both the legal and the medical perspective. There are a lot of factors that are usually considered before a final verdict is reached. It is these medical and legal issues that are usually involved in these cases that you will realize that most people will fail to conclude the full merits of the case.