Contact your countyâs local bar association. If you'd rather use the phone than search online, you can call your county's bar association. They will often be able to refer you to lawyers who handle malpractice suits. You should be able to find the number for your local bar association online or in the phone book.
About 95 percent of patients who are harmed will find it extremely difficult to get representation. Almost no attorney will take a case, even when the chance of winning is 95 percent, if the damages are less than $50,000. More than half refuse any case, no matter the likelihood of winning, if the damages are less than $250,000.
See if the lawyer is a member of personal injury trial attorney associations, such as The National Trial Lawyers or the state trial lawyers' association in your state. You also can check the American Bar Association for local bar associations in your area.
So he looked for a malpractice attorney who would help him file a case against the hospital. Thatâs when he ran into a problem faced by many who are harmed in a medical setting: Attorneys refuse their cases, not because the harm didnât happen but because the potential economic damages are too low.
Include your email address to get a message when this question is answered.
In some cases, you may just be wanting to sue a hospital for the negligence of one of its employees. Be aware that the law only allows lawyers to take on these types of cases within a set time frame. If you have failed to contact a lawyer for help in time, they may be legally barred from taking on your case.
If you must change lawyers in the middle of a lawsuit, be aware that your first attorney will have a right to recoup his or her expenses.
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 36,396 times.
These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer.
Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.
Probably the first thing on a lawyerâs mind when she meets with you is â how will she make money on your case? There are basically three ways lawyers get paid: flat fee, hourly, or contingency. If the client is paying itâs fairly straightforward.
Second on a lawyerâs mind when meeting with you are âHeadaches.â Iâve been doing this long enough that I can smell a headache client from a mile away. You do not want to be seen as a headache client.
Show that you are respectful of the lawyerâs time. Lawyers are always stressed for time. Do not send me a five page timeline of your work history before you got fired and do not launch into a thirty minute play by play of how your boss harassed you during our first phone call.
Despite what you hear, lawyers have hearts. Some are small and dark shriveled masses â but they still have them. Most lawyers want to feel good about what they are doing.
Our legal service matches you with highly rated, licensed lawyers near you -- for free. Over five million people and businesses have posted cases on LegalMatch. Present your case now!
For clients from Canada, you can now post your cases at LegalMatch and get matched to Lawyers in your area.
Submit your case at any time to find a lawyer or attorney near you and you will never be charged to use the LegalMatch service. No credit card is required! For more information on lawyer referral services and online client-attorney matching, read our detailed article entitled: How to Find a Lawyer
Malpractice attorneys agree that many legitimate cases arenât pursued, though not because theyâre greedy or donât want to help. Patrick Malone, a Washington, D.C., attorney who has represented patients in medical malpractice lawsuits since 1985, said he triages cases to focus on those that resulted in permanent harm.
Doctors and hospital officials who subscribe to this philosophy, such as those at the University of Michigan Health System, the University of Illinois at Chicago Medical Center and Stanford University Medical Center say they tell patients when something went wrong and offer an apology and sometimes even compensation.
But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle.
This is the least important factor, but sometimes comes into play. If the client is a drug abuser or felon, the jury may not take them seriously, and come back with a defendantâs verdict, even if their status has nothing to do with the malpractice.
If an attorney believes, based on the factors above, that there may be a case worth bringing, you are into the second round. The attorney will agree to investigate your case, to see if the evidence substantiates the claims. Step One. The attorney will request your medical records and review them. Step Two.
Damages for âwrongful deathâ are based on the life expectancy of the person and their future earning capacity, so for persons over 80, it is usually not possible, as the cost of the litigation will be greater than the damages. Assessment of the Client. This is the least important factor, but sometimes comes into play.
It must be shown that the malpractice actually caused the injury. Sometimes this is clear, such an an instrument left inside a patient causing an infection or prescribing penicillin to somebody that is allergic, causing anaphylactic shock.