Medical Malpractice

Are you familiar with "no win no fee" claims?" These agreements are between a law firm and client and indicate that the client does not have to pay legal fees if the case is lost. On the other hand, be aware that the lawyer will be entitled to compensation if he or she wins. A law firm will receive what is called a "success fee." Typically, these no win no fee claims involve cases that deal with personal injury. If you are considering pursuing a no win no fee claim, there are some important criteria to consider.

Not all legal cases will qualify for no win no fee plans. Lawyers don't want to work for free, and they will generally only take on cases that they feel have a good chance of winning. While most of these cases are in personal injury realm, the most common payment upon success cases are specifically wrongful death, injuries at work, medical claims like malpractice and accident claims including bike, train, plane, boat or other types of accident. In these cases, your lawyer will try to prove that someone else's negligence resulted in injury and will seek monetary compensation for the damages caused. Very few cases overall qualify for the payment upon success option.

If you think that you have a case that will qualify for a payment upon success claim, you will want to talk with a lawyer to find out for sure. Often attorneys offer a free consultation where this can be determined. As you talk with the lawyer, he or she will analyze your case and see if they think you will win. If the lawyer thinks you have a case, he or she may offer to complete your claim as no win no fee. Make sure you are comfortable with the lawyer you choose, as his or her skills may ultimately determine the outcome of your claim.

When you are pursuing a case where payment is only rendered upon success, you are responsible for gathering all pertinent information. You will need to find evidence and documentation as required. Once you find this evidence, make sure you keep it in a safe place. This evidence may include hospital records, receipts, medicine information, prescriptions, employment records etc. Be careful and make sure you are thorough in your information collection process. Also let your doctor know that you have given your attorney the right to access medical records as needed.

If you are pursuing a no win no fee case, you should be aware of the fact that while you will not need to pay attorney fees if you lose, you may still have to cover various costs including court fees and witness fees. These other costs can definitely add up. Therefore, you should have some funds set aside in case they are necessary. However, in many no win no fee cases you will be properly represented and receive the compensation that you are due.