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Facts that Your Medical Malpractice Attorney may not Tell You

Mar 3, 2015 | Medical Malpractice

When you have been injured due to the negligence of carelessness of a health care provider or doctor, you will file a medical malpractice case to claim damages for the harms and losses you have suffered. You might feel that your case is strong and that the jury will grant you a substantial settlement.

You medical malpractice attorney might also sound upbeat and confident about your case, but he may keep certain things from you or not spell out certain facts. Here are certain facts that a medical malpractice attorney in New York is not likely to tell you:

· Your Lawsuit is not guaranteed to Win or Get you Money

This is a simple fact, and the reality is that many cases that are brought into the legal system in New York, simply do not win. Even if you have a just and strong case, and you have experts to back up and support your claim, there is still no guarantee that your case is going to win the day. On the other hand, you could have a terrible case, and you might end up winning. Therefore, there is no guarantee; however, with an experienced attorney, there excellent chances of obtaining the best results possible.

Just do not begin to spend any money yet that you do not have and do not post any winning posts on your Facebook page that could just jinx the situation or offer some ammunition for the other side to exploit.

· The True Value of Your Case is Unknown until all Aspects are evaluated by Experts

The first thing most clients want to know is how much is their case worth. The attorney will not be able to give the client a definite number because he has not yet reviewed all the medical records, and the records have not been reviewed by experts to say whether the injuries are significant or permanent, or whether you will be suffering from any disabilities for the rest of your life.

Since your lawyer does not have all this information, he will not be able to tell you the value of your case. Some lawyers quote fantastic amounts to lure in clients; however, it is not possible for any lawyer to know the true value of a medical malpractice case, until he has studied the case, medical reports, and has the case evaluated by different experts.

· You the Client will have to pay for all the Litigations Expenses, even when You Lose Your Case

In New York, medical malpractice attorneys work on contingency fees basis, which means they are not paid if they lose the case. However, the attorney still has the right to ask you money for all the expenses he has incurred for fighting your case. This is not a law, and will depend whether the attorney wants you to pay for the expenses or not.

Some attorneys think it is bad for business and will not ask a client to pay up, when he has lost the case. For some lawyers it might not be economically viable to forego expenses. Therefore, when you are hiring a medical malpractice attorney, make sure you are clear about the expenses, and who will ultimately pay them if you lose your case. You should not assume anything. If you think nothing can be worse than losing a case, try having a dispute with your own attorney when it is all over with.