Personal Injury Attorney: Emergency Room Drama

By: Formulathree
If you or a loved one has suffered damage or injury from someone in the medical industry then you need to see a lawyer right away. There is a good chance that you are going to need to file a medical malpractice lawsuit. A personal injury lawyer is the type of attorney that you will need.

Personal injury lawyers can get started your case when you're in the hospital. They want to get your case started as soon as possible. There is no reason for you to suffer longer than you already have.

An experienced lawyer can tell if the case is worthwhile from the first contact with the client. If it is not, the client should be informed immediately. In some states it is standard protocol that the attorney confers with a certified doctor to determine if the case has any merit.

True medical malpractice consists of negligent conduct that causes damage. Sometimes there may be true "malpractice" but no residual damage. These are not strong cases.

Juries usually support cases show that lifetime damage. Questions of opinion are not taken into account. If there is no permanent damage involved usually there are no cases.

Most medical malpractice cases in regards to the plaintiff are taken on a contingent fee basis. The fees are paid after the case is closed. The fees are usually between 33 1/3 to 50%.

Medical malpractice attorneys will usually tell you that no offers will be made until after your lawsuit has been filed and all of the requested depositions have been taken. Most medical malpractice lawsuits will go to trial through the discovery process before there is a court trial.

Most personal injury attorneys will offer a sliding scale contingency fee. In this case the amount that the lawyer takes is based on how the case advances. For example if your case goes to trial the lawyer gets 40% and if it goes to appeal then he gets 50%.

Some states now have statutes limiting contingent fees in medical malpractice cases. Most fees are otherwise a matter of individual negotiation between you and your lawyer. All fees should be negotiated with a signed contract before the case is started.

Some states will allow an attorney to advance fees to his client. This is a good deed gesture on behalf of the lawyer who knows how much his client has suffered. The attorney will also finance the necessary expense of investigation and litigation.
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