Malpractice

[Cookiecrum]

Does an attorney take a case only if they think they can win?
I know silly question but was wondering

Thanks

[Bummer Knees]

I've been checking into malpractice on the neck, and have spoken to a couple of law firms.

I am told it cost an attorney $125,000.00 just to take on a malpractice case.

My cervical injury is not a sure thing as there was already a pre-existing condition, and due to the pre-existing the attorney did not accept me as a client.

[Cookiecrum]

Well it took me many hours to find an attorney to take my case. Most of the people I called were big dawg lawyers with tv advertising. This one attorney I found kept calling me back and trying to get me in his office. I actually hesitated because it was down town and I always get lost. So I went and he signed me up. Going to get all my records and send them to an expert and go from there.
It's all a contegency(spelling????) basis. So I figured that if they are going to take my case and pay up front, The must see something.

[1171]

i suspect it may not be so much about winning as it is about can they get a settlement.
cases can be expensive to defend and some carriers will pay something to avoid more $$ in expenses --- "green mail".

[Bummer Knees]

Good luck Cookiecrum.

I could have added thr cervical injuryto my wc claim as the reinjury was from the wc doctor's action while doing an exam.

But by not adding this to my claim I can avoid the delays in medical treatment and I can pick a doctor of my choice.

[Cookiecrum]

1171 Wrote:i suspect it may not be so much about winning as it is about can they get a settlement.
cases can be expensive to defend and some carriers will pay something to avoid more $$ in expenses --- "green mail".

The attorney did mention that most times these doctors will just get an attorney and try to settle without going to court and without going through their malpractice insurance.

Before I had my surgery, my doctor told me when I was done I'd be able to do things I couldn't do before,like lifting heavier objects, and have no pain now after the surgery I can't even lift nearly what I could before (not even a 12oz soda) and I can not use my fingers and the pain is 10 x's more.
Plus now I need a surgery that no one does or is too far for me to go. Way out of State.
But that's not even it, If the doctor had caught something on the xray, I wouldn't have needed the surgery

[Bad Boy Bad Boy]

My opinion.

Be and use Caution.

Read the Attorney / Client Aggrement with care. In fact read it about 10 times, as each time you read it, you will then see things you missed from the past times you read it.

Even though it said to be on a Contingency, make sure the contract doesn't state somewhere else that you will pay if the case is not won.

Now depending on the amount of money being talked about, many doctor's will always go through their Insurance. These doctor's only have a limited amount of high funds in their savings. They live high on the Hog, have nice big homes & cars, and are maxed out with Loans to be paid back.

[Bummer Knees]

I agree with Bad Boy, many of the contacts have hidden details that end up costing the client in the end.

[1171]

shows you how far the legal profession has fallen when you need an atty to protect you from an atty.
I'm always very cautious about recommending attys as it can cause more problems and give little or no help or peace of mind.

[Cookiecrum]

I did what you said and here is what I reading

I. responsibility to pay lawyer's fees
The client agrees to hire lawyers in this matter on a contingency fee basis. Which is based on a recovery.
then

II responsibility for costs and expenses.
The client understands and acknowledges that certain costs will be requires to be incurred in the prosecution of the claim and any related litigation. Clients expressly authorize lawyers to advance such costs as are reasonable and necessary for the prosecution of this matter. In the event of recovery such advanced costs are to be paid from any recovery after reduction of the amount gross recovery by the attorneys fees due.
In the event no recovery is had or the recovery is insufficient to fully pay attorney's fees and cost then the clients shall have no further obligation to reimburse lawyers for costs. as such costs advanced become contingment upon recovery

it also says that if the lawyers withdraw from case, the client agrees to pay lawyers their costs incurred during the course of their representation only if client makes a recovery. but if client discharge lawyers then client is responsible for any fees occured.
Then with the part for cost of experts, court reporters etc, fees are only my responsibility if I recover any monies.


So it seems nothing is due unless I recover any monies and as long as I do not discharge my attorney.