If you’ve suffered losses because of a medical professional’s negligence, you could be facing significant medical expenses as well as physical and emotional trauma. One of your legal options is to file a personal injury claim. To have a chance at fair compensation, you need to hire a Miami medical malpractice attorney.
Choosing a qualified person is not always an easy task, however. It can take time and understanding of the skills and experience an attorney should have. Learn more about the qualities to look for when hiring a medical malpractice lawyer.
Experience Handling Medical Malpractice Cases
The Miami medical malpractice attorney you hire should have significant experience representing medical malpractice cases. Look at the cases they’ve worked on. Are they as complex as yours? The right attorney should have worked on highly complicated claims and not settled quickly for a low amount.
In-Depth Knowledge of Florida Medical Malpractice Laws
Florida medical malpractice laws are complex, so the attorney you hire must be well-versed in all of them. A lawyer who doesn’t know that the statute of limitations for medical malpractice in Florida is generally two years, for example, or that you must present an affidavit before filing can end up preventing you from getting compensation.
Access to Medical Experts
Because you must include an affidavit from a medical professional in the same field as the defendant when you file a lawsuit against them, you must have access to medical experts. A Miami medical malpractice attorney can help you with this. You should choose someone who has many contacts and resources in the medical field.
Strong Negotiation and Litigation Skills
Your lawyer will have to negotiate aggressively with insurance companies and the other party’s attorneys, so they must possess strong negotiation skills. They must also be ready to take the next step and go to court if settlement agreements fail.
Look for a lawyer who has significant experience litigating, too. Ask them about the last few cases they’ve litigated and what the outcomes were.
Track Record of Successful Settlement and Verdicts
Most reputable lawyers will gladly share their success rates. Look carefully through the settlements. It’s not enough to have won a lot of cases — the lawyer must have been able to get their clients the compensation they needed to cover their losses.
If you see many low settlements, that could mean the lawyer encourages clients to accept low first offers to pad their success numbers. That’s not what you want.
Look through the verdicts, too, to get an idea of the kind of work they do in court. The lawyer you choose should have substantial verdicts to their name.
Clear Communication and Client-Centered Approach
Going through a medical malpractice claim and dealing with injuries at the same time can be harrowing. The last thing you need is to have a difficult time communicating with your attorney or feel like you’re just another case to them. They must offer the support and level of assistance you need.
The lawyer you choose should be ready to answer your questions and know how to explain complex legal concepts clearly.
Transparent Fees
It’s vital that you know what to expect when it comes to fees. Most medical malpractice lawyers operate on a contingency fee basis, which means they don’t require upfront fees and only get paid when you do. That’s important because it prevents further expenses for you while going through the legal process.
FAQ
Do I Need a Miami Medical Malpractice Attorney to File a Claim?
It’s not a requirement to have a medical malpractice lawyer to file a claim, but it is always in your best interests to hire experienced counsel. Your lawyer will be able to present a strong case by gathering appropriate evidence and will have the necessary experience to negotiate with insurers.
How Long Do I Have to File a Medical Malpractice Claim?
In Florida, you have two years from the date of the injury or up to four years if your injuries weren’t immediately apparent. There may be other exceptions that apply to your case, however, so it’s vital that you hire an attorney and begin the process as soon as possible.
What Damages Can I Claim in Florida Medical Malpractice Claims?
You can claim economic and non-economic damages. These cover everything from medical expenses and lost wages to pain and suffering. If the medical negligence results in a wrongful death, the family can recover the costs of funerary services and income their loved one would have earned throughout their lifetime.
What Is the Hardest Element to Prove in a Medical Malpractice Case?
In a medical malpractice case, the toughest element to prove is that the medical professional breached the accepted standard of care. You must show that a similarly trained and experienced medical professional would not have acted in the same manner. That is why you need to file an affidavit when you file a lawsuit.
Do I Have to Pay a Medical Malpractice Lawyer Upfront Fees?
No. The majority of medical malpractice lawyers will not charge upfront fees but will instead work on contingency. That means they only receive their fee if they win you a settlement or verdict.
Hire Experienced Miami Medical Malpractice Lawyers
If you have suffered injuries because of medical negligence, you may be entitled to file a claim and receive compensation. To have a chance at appropriate remuneration, the first step is to hire experienced lawyers.
At Ratzan Weissman & Boldt, our team of Miami medical malpractice attorneys offers the guidance you need as you navigate the personal injury claim process. Contact us to schedule a free consultation.