Why You Should Not Worry About Legal Expenses When Pursuing A Medical Negligence Claim

Medical Negligence in India: An Explained Procedure for filling suits

Medical malpractice happens when a doctor fails to deliver the accepted standard of care, leading to the worsening of a patient’s health condition or to his or her death.

When filing a claim, assistance, and guidance from a medical negligence attorney is much needed. This legal expert is equipped with the knowledge and experience to help clients navigate through the complicated matters of getting compensated for medical malpractice — from gathering evidence to tapping a medical witness to submitting pertinent paperwork.

While the average compensation fee that the court awards is at around $1,000,000 (settling outside of court rallies an average payment of $425,000) — clients are still worried about incurring skyrocketing legal expenses in the process. In this article, we’re discussing why this concern shouldn’t actually be considered an issue hindering your pursuit of a medical negligence claim.

Understanding Conditional Free Agreements

Firms who specialize in medical malpractice often offer the so-called conditional fee or no-win-no-fee agreement. In its simplest explanation, it’s a condition where you won’t have to pay your medical negligence attorney for legal expenses should your case lose.

This agreement is the legal industry’s way of helping medical negligence victims fight for their right to get compensated after all the damages they have experienced — including the physical and emotional ones — without having to worry about paying upfront legal costs.

Nonetheless, it’s important to know that should you win your case, a certain “success fee” will be taken off the total compensation you have received.

When hiring a lawyer to help you with your case, it would be best to ask about their firm’s arrangements when it comes to paying legal expenses. Each firm has a different approach regarding this subject matter, so don’t hesitate to ask and voice out any questions you have in mind.

Other Financial Sources

While the no-win-no-pay agreement provides a significant financial safety net. Clients can still seek other means to fund their legal expenses when pursuing a medical malpractice claim.

Legal expenses insurance. Some home and life insurance policies include legal expenses in their provisions. So don’t forget to check with your provider if your policy can shoulder these expenses.

Trade union. Got a trade union where you are a member of? There are many organizations of this kind that offer financial help to members who are victims of medical malpractice.

Legal aid. Though this financial assistance is no longer available, generally speaking, you can still inquire about it from the concerned government office. There are some instances when this aid can be granted to cases involving the vulnerable sector like children.

Filing a medical malpractice lawsuit is rather complex. Not only does it involve gathering strong pieces of evidence, but it also takes quite a long time before it gets resolved (it can take over a year). Hence, hiring a reputable medical negligence attorney is incontestably vital. The skill and capacity of your lawyer is hugely pivotal in helping you get the compensation you deserve. With the various means of getting financial assistance, you should be focusing your energy on fighting for your right instead of worrying about legal expenses.

If you are looking for a medical negligence attorney who can guide you through all the complexities of a lawsuit or settlement, contact us today at Montross Miller. We’re here to help.