Medical malpractice law varies widely from state to state. Some states cap the amount that one can gain in a lawsuit such as Virginia. Other states, such as California, limit the amount one can gain in specific for punitive damages in a desire to cut down on exorbitant insurance premiums and allow more doctors to practice their profession.
Finding the right Chicago malpractice attorney for a medical malpractice suit is extremely important. Laws are constantly changing and an attorney should know what laws are current and perhaps what laws are soon to be enacted. Importantly, an attorney should also inform the plaintiff if they have a “winnable” case and how long it may take to be victorious. Many medical malpractice lawsuits take an exorbitant amount of time from beginning to end. Further frustrating matters for the plaintiff is the appeals process as well as the number of lawyers most doctors, hospitals and staff already have on retainer who can afford to take their time and stretch costs.
Individuals often think attorneys in civil suits charge a usual 30-40% of the total amount won in such cases for their total payment. This is usually an inaccurate belief. Most attorneys charge “court costs” as well as “filing fees” which can be exorbitant. Most lawyers will require a retainer (money paid in advance for purposes of the lawsuit) which can be exceptionally high. This is important to consider due to the possibility of money running out prior to the conclusion of the case.
An attorney will hopefully know of expert witnesses which will help the plaintiff in their case. These will usually be people of the medical establishment who will present a contrary view to the defendant’s pleadings. Medical malpractice cases are some of the most challenging and costly cases for an individual to pursue.