Plaintiffs of medical malpractice cases in Utah are often in a hurry to file a compensation claim because Utah’s statute of limitations allows them just 2 years to commence a case. Typically, medical malpractice cases are complicated and require the opinion of medical and economic experts before a claim is filed. Also, the process of negotiating with the defendant and his insurance company before filing the case takes time.
The resolution process takes a long time, but, more often than not, plaintiffs are impatient because the clock has started ticking. They start by Googling “Utah medical malpractice attorney near me,” and settle for a lawyer who is closest to them, instead of drilling down some more and hiring an experienced attorney with a successful track record.
To make such folks more informed consumers and litigants, our team of Utah’s malpractice lawyers put together this list of questions that they can ask any lawyer before hiring him:
1. Has the legal firm handled medical malpractice cases in Utah? If yes, how many, and what is their success rate?
Going up against healthcare providers and healthcare facilities is serious business, and requires skill and experience. The lawyers need to work with medical experts on reports, circumstantial evidence, testimonies, and other records that can help establish their client’s claim. If the lawyer you are considering is new to such processes or does not have a successful track record, move on to the next.
2. How many lawyers in the firm are experienced in malpractice laws, which of them will represent me, and who will be my point of contact?
Typically, one or more partners in any reputed Utah malpractice attorney firm are likely to be the team leaders. Even if you are satisfied with the firm’s experience and track record, you need to ensure that the lawyer who represents you is experienced. Therefore, do ask who will represent you, and whether he will be your point of contact.
3. What are the pros and cons of my malpractice case?
Most lawyers offer a free initial consultation (well, we do). You can use this time to find out about your case’s strengths and weaknesses. The lawyer is also likely to give his opinion on whether your case will succeed in court or not.
4. Is there a fee for the initial consultation?
Most experienced lawyers in Utah offer a free initial consultation, and work on a contingency fee (don’t pay if you don’t win) basis. After searching “malpractice attorney near me,” you should call and confirm if the initial consultation is free before heading to their office.
5. What are the chances of my case being settled before it goes to trial?
Most medical malpractice lawsuits in Utah are settled out of court. It makes more sense to settle before the case goes to trial because it saves on time and expenses, helps the plaintiff get his claim faster without going through the uncertainty of a trial, and also helps the defendant pay a lower amount than what he would have to pay in a trial. Additionally, the doctor at fault gets reported to the National Practitioner Data Bank (NPDB), an event that gives the plaintiff a lot of emotional satisfaction.
Remember, settling out of court is a win-win situation unless you have a watertight case and adequate cash reserves to help you tide through the time the case takes.
Anyway, get this question answered during the initial consultation.
6. Does the attorney have enough resources to handle my case?
Medical malpractice cases are complex, take time, and often require the inputs of more than two medical experts. Negotiations take time and in some cases can go on till the trial is about to conclude. In cases that go to trial, both parties are nervous because they are unsure about which way the jury will decide.
Therefore, you need a lawyer who has adequate financial resources and is ready for the long haul. Such lawyers neither settle for an inadequate sum because the clock is ticking, nor do they pressurize their clients to settle.
FREE INITIAL CONSULTATION OFFER
Before you even think of searching for “malpractice attorney near me,” consider opting for our free consultation offer. We also urge you not to rely on search engines for choosing attorneys, and make your decision only after the free initial consultation.
Your meeting will be a one-on-one with our Utah medical malpractice attorney who is leading the team. He will answer all your questions, including the ones above, and help you become a more informed litigant/consumer.
We understand the pain the plaintiff goes through when he or his loved one incurs an injury because of a diagnosis or surgery gone wrong, doctor negligence, prescription mistakes, or any breach of a confidential agreement – and are here to ensure that justice is delivered.
