Questions to Ask Before Hiring a Florida Medical Malpractice Attorney
After suffering injuries due to negligence by a healthcare provider, it is normal to feel angry, confused, and violated. Retaining a skilled legal professional to pursue your remedies under Florida medical malpractice laws may be a step in the right direction. Once you start your search for a lawyer, you may soon realize that you need some guidance in finding the right fit.
Of course, you know that it is important to inquire about the basics like education, admission to the Florida Bar, and years the attorney has been practicing. However, with complicated medical malpractice cases, it is crucial to dig deeper.
Many individuals in your position will need some guidance on choosing the right Florida medical malpractice lawyer. One way to do so is to come prepared to your first consultation with a list of questions.
Do You Have a Specific Focus on Medical Malpractice?
Because of the highly technical subject matter and legal requirements under Florida law, you should narrow your search to attorneys who primarily concentrate on medical malpractice cases. Those who practice in a broad range of legal areas may not have in-depth knowledge of malpractice laws and their nuances when they focus on a range of personal injury matters.
The right medical malpractice attorney will have a long history with or a specific focus on medical malpractice and a history of case results to share.
Have You Taken Many Medical Malpractice Cases to Trial?
Some claims will settle out of court, but you deserve to know that your lawyer is prepared to take the case to trial if necessary. This is especially true since there are law firms in Florida that are known to settle all their cases before going to trial. So you should ask the candidate about experience and trial advocacy skills related to:
- Pre-filing investigation requirements
- Drafting the complaint
- Motion practice
- Discovery and depositions
Some personal injury firms may claim they can handle these complex claims and lawsuits but have never taken these cases to trial. Our firm has two attorneys who are Board Certified civil trial lawyers, and we can use their knowledge and experience taking hundreds of cases to jury trials to create a strong case for damages.
Do You Have Proper Resources to Pursue a Medical Malpractice Claim?
One of the key pre-filing requirements under Florida’s statute is obtaining a written opinion from a medical professional. The litigation process will also require additional investigation, input from other experts, and financial investment in tools to support your claim.
In fact, some medical malpractice cases can cost hundreds of thousands of dollars in various litigation costs (e.g., expert witness fees, transcript costs, medical records costs, etc.) to take to trial. You want to know that your attorney is set up with the resources to take your case to trial and not cut corners.
Here at Freidin Brown, P.A., we draw on a team of doctors, nurses, and other medical experts to support our cases. Our clients have already lost so much due to negligence, so it is our duty to support them and their cases to the full extent of our resources. We also utilize the newest courtroom technology when handling cases, making sure that our clients have every advantage we can give them.
What Factors Support or Work Against My Malpractice Case?
Though they cannot predict all contingencies, a good medical malpractice lawyer should be able to tell you the strengths and weaknesses of your claim. These details will be important as your attorney develops a strategy for seeking compensation, along with your input.
When vulnerabilities may lead to risks in pursuing litigation, you might consider settling. For a medical malpractice claim supported by solid evidence, a lowball offer by an insurance company may not be sufficient to cover your losses. Your lawyer may recommend taking the case to court to have a jury decide.
How Much Does it Cost to Hire Your Malpractice Attorneys?
Malpractice lawyers typically work on a contingency basis, which is a fee structure that allows injury victims to seek damages without deposits or monthly invoices. You only pay the firm if they successfully recover damages for your case. When working with a firm, they should clearly outline the percentage they will receive if they are victorious.
When considering firms, you may be tempted to go with the cheapest option, but consider the value of the representation that a firm can offer you. What kinds of resources does the firm have at their disposal? What experience does the firm have, and is the price indicative of that? A low-cost firm may not be able to devote as much time to your case or have the knowledge or resources necessary for these kinds of cases.
What Kinds of Malpractice Results Have You Won for Your Clients?
Personal injury firms can say a lot about what they will do for clients, but they may not have the results to show that they can take on a claim as nuanced as medical malpractice. While they might have satisfactory results for car accidents or other general injury claims, they may not be as successful with medical malpractice cases.
Look at their case results online or ask for some details, like what damages the case included. While every case is unique, these results can indicate a dedication to excellence and a familiarity with Florida malpractice laws and processes.
What Laws Affect My Florida Malpractice Claim or Lawsuit?
Florida statutes and case law regulate damages and proceedings, and a malpractice lawyer should be able to address important laws and decisions that impact your case. Their knowledge and experience navigating these laws will help you make an educated decision on your next steps.
For example, Florida Statutes § 95.11 establishes a statute of limitations for medical malpractice cases. These laws and related sections determine how long you have to file a lawsuit and address exceptions and circumstances that might change this window of time. A malpractice attorney can review your case to see how long you have to act and if anything extends your deadline to act.
A competent malpractice lawyer should also stay up to date on pending legislation or rulings and keep you in the loop about the effect of these changes.
Consult With a Florida Medical Malpractice Attorney Today
At Freidin Brown, P.A., our team is happy to answer questions and provide other information that makes you feel confident in choosing our firm. Many of our attorneys are recognized and highly rated by such organizations as Best Lawyers in America, Florida Super Lawyers, and Miami Metro Top Lawyers.
We help medical malpractice clients all over Florida, and we have offices in Miami and Fort Myers. You can call us for an in-person or virtual consultation today. Our consultations are always free and confidential.
