When you place your trust in a malpractice attorney, you want to assure that you have a skilled, sharp legal mind at the helm of your case. Without one, the process of filing a claim and possibly heading to court is rife with complications and mistakes waiting to happen. Below are a few questions you should ask while sifting through potential candidates.

Essential Questions When Considering a Malpractice Attorney

How many medical malpractice cases have you worked?

Knowing the specifics of your malpractice attorney’s track record is essential information you need in your search. You want legal counsel with experience in and outside the courtroom and a proven record for winning cases. If they’ve worked a fair number of cases, also ask them how many they’ve won versus lost, how many have gone to court versus settled, and what the monetary outcome was for recent cases they’ve worked. 

You need a malpractice attorney who will give you confidence that the odds are in your favor, as well as one who is willing to go to court if necessary. The latter component is important when negotiating with insurance companies, as their team will try to lower their offer if they know an attorney isn’t willing to go to court. This information will feel intrusive, but an attorney who is successful will not have any trouble sharing with you. 

How long have you been practicing?

This question will have two specific answers you need to know. First, you should find out how long they have practiced malpractice law in general; this number will give you an indication of how tenured they are in the profession. Then, you should discover how long they have practiced law in your state, and preferably, your jurisdiction. An experienced local lawyer can give you a competitive edge because they will know the specifics of local laws about medical malpractice, and they will have rooted relationships with the judges and opposing lawyers you could face and will know how to win against them. 

What are your credentials?

The primary license you need to worry about is whether the malpractice attorney is licensed with your State Bar Association. These credentials are required for any lawyer to practice under that state’s jurisdiction, which they receive after passing a state examination and a Multistate Bar Examination. You can also look this information up yourself on the American Bar Association’s website.

What is your availability, and will I work with you directly?

You will want to know who you’ll work with for the duration of the case. Will the attorney handle the case themselves, or will they pass it off to additional support staff? Do they have multiple other clients on their plate, leaving little room for communication? You will want to know who to call and if they will most likely answer when you call before you invest in a malpractice attorney.  

What is your fee?

Most malpractice attorneys work on a contingency basis, meaning they only get a commission if they win your case. The percentage they take of your winnings is on average around 30% and depends on if they’re absorbing additional legal fees, such as court filing fees, expert witness fees, administrative fees, and information-gathering fees. If you pay those add-ons yourself, your attorney will receive a smaller commission.

In the Hudson Valley, victims of medical malpractice turn to The Finkelstein Law Firm, PLLC, for skilled, attentive legal counsel. For more than 20 years, their malpractice attorneys have fought for their clients to reach the highest settlement possible for their case. With a proven track record of results and extensive courtroom experience, you will rest assured you have impressive negotiators on your side. For more information about this Goshen, NY, based firm, call (845) 294-9003 or visit them online.