In personal injury lawsuits, many law firms are able to accept your case on a contingency fee basis. This simply means that you do not have to pay the attorney as the case goes along. However, assuming you prevail in your lawsuit, in most cases, your attorney will be entitled to one third of the settlement. Very often, both plaintiffs and law firms find that lawsuit loans and settlement loans can be extremely helpful in both filing and seeing these suits through to completion.
There are many expenses plaintiffs encounter with medical malpractice lawsuits that would not be encountered in many other cases. For example, most states require that the plaintiff have an expert witness file a report specifically stating that there is evidence of medical malpractice in the case. These experts can be extremely expensive. Not the least of which, are fees related to very lengthy depositions, travel, etc.
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In addition to the experts, it is often necessary to produce not only the medical record extant in the case, but these cases also involve a great deal of research to clearly establish the evidence of malpractice in the case. It is very important that the experts, discovery, medical records, etc. be acquired as quickly as possible to enable your attorney to develop the best possible strategy for you in your case.
One of the most important roles of an attorney in a medical malpractice case is to quickly inform his/her client whether the case is worth pursuing. These cases can be extremely frustrating if a great deal of time, effort, and money are expended only to find that the case is not worth pursuing in the first place.
These cases are extremely expensive just to get to trial. Therefore, individuals would be wise to consult with litigation funding brokers to make a determination as to whether their case qualifies for either settlement loans or lawsuit loans - and whether the jurisdiction in which the case was filed will allow such funding.
Medical malpractice cases are very frequently expert-specific. This simply means that there will be a battle of the experts and the jurors will often have to make a determination as to which expert appears the most believable. This is not a time to take shortcuts. Additionally, this is not a time to rely on attorneys who do not have experience in handling medical malpractice cases.
In many cases, the medical malpractice insurance carrier will attempt to have the provider settle out of court. However, the vast majority of providers will often protest, insisting that they have an opportunity to have their day in court. This can be an extremely risky strategy for the provider, but is certainly understandable.
Unfortunately, most providers are confronted by jurors who are not very sympathetic to their position. In the vast majority of instances, irrespective of the provider's personal wealth, jurors will conclude that the provider has a great deal of money and could easily withstand the judgment being levied against that provider. This certainly does not make such cases appropriate. However, this is a stumbling block that the providers are likely to encounter and good legal counsel will advise them of this.
It is extremely important in medical malpractice cases to clearly establish the extent of injury - quickly. In most jurisdictions, plaintiffs have approximately 2 years to bring their claim. It is vitally important that you seek proper legal counsel as quickly as possible. It is also important that you attempt to arrange for lawsuit loans and settlement loans - if required - as early in the process as possible.
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