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Malpractice Cases

Written by Kathleen Gagne
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Most malpractice attorneys take cases on the basis of several key components. The first is usually whether the case has legal merit. Second may be whether or not the attorney believes that the case can be won with the evidence at hand. Finally, some attorneys take malpractice cases because they prefer to work with a certain type of case or because they develop an immediate bond with the victim.

Malpractice Cases and the Courts

Malpractice lawyers screen their cases carefully and usually accept only those that they consider to be worth the effort. Experienced attorneys can often tell whether a case will "fly" from a first meeting with a prospective client. For example, some cases actually involve an incident of malpractice but without serious injury to the plaintiff. That case would not be a strong case in a court.

In general, cases which involve permanent disability to the plaintiff or blatant malpractice tend to be stronger with juries. The stronger the malpractices cases are, the more likelihood there is of an award or settlement for the victim. In many malpractice cases, the attorneys are working on a contingency basis or using a sliding scale to determine payment for services rendered. As a client, you should discuss payment with your attorney as soon as you and your attorney determine that your case has merit.

Malpractice Cases Settlements

Most malpractice lawsuits never get into the courtroom. Rather, the defendant's attorneys will offer to settle for a specified dollar amount. While a settlement is not necessarily an admission of guilt, it does offer some vindication for the plaintiff. A settlement can also mean that the victim can avoid having to testify in court. This can be particularly beneficial if the victim is relatively incapacitated by the injury or is a young child.


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