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Your First Meeting With A Medical Malpractice Lawyer: How To Prepare and What To Expect

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September 13, 2023

Retaining a medical malpractice lawyer is vital when you have been the victim of medical negligence. Some people delay meeting with a medical malpractice lawyer because they feel intimidated or are overwhelmed dealing with their physical and emotional injuries, but time is of the essence. Knowing what to expect and how to prepare for your first meeting with a medical malpractice attorney can help. If you have more questions after reading this article, our medical malpractice attorneys at Morris James are here to help. Contact us online or by calling 302.888.6857.

Do not miss your deadline for filing a claim

The statute of limitations creates a deadline for filing a legal case. It is the period within which a patient, or the patient’s family, can file a lawsuit against a healthcare provider for medical malpractice. If a lawsuit is not initiated within the statute of limitations period, the court typically dismisses the case, regardless of its merit. The statute of limitations varies by jurisdiction. Some jurisdictions have 2-year periods, such as Delaware, to bring a medical malpractice case, but it may be longer depending on the specific facts of your case. Most states begin the running of the statute of limitations from the date that the malpractice occurred, but that may also vary depending on the state. Because of the technical issues related to when the statute of limitations begins to run and how long you may have to file a potential claim in a given situation, it is best to speak with a lawyer as soon as possible to know your rights. Therefore, consulting with a medical malpractice lawyer promptly is essential to ensure that all of your legal rights and potential remedies are preserved.

Your initial legal consultation could be free

A first consultation with a medical malpractice lawyer is often free of charge. At Morris James, our medical malpractice attorneys will not charge you for your initial consultation. However, if you are contacting another law firm, you should confirm their fee policy when scheduling an appointment so that you do not get a costly surprise. Your first meeting should be an opportunity for you to ask questions, understand the legal process, and find out more about your rights without making any financial commitment. It also allows you to gauge your comfort level with the attorneys, ensuring that they are the right fit for your needs before proceeding with the legal journey. 

The purpose of your initial consultation with a medical malpractice attorney

During the initial consultation, a medical malpractice lawyer will meticulously review your case to evaluate its strengths and identify any potential challenges. They will use this session to assess your case and determine the best course of action moving forward. A lawyer will ask you about the details of how you were injured by your healthcare provider, discuss the effects on your health and quality of life, and consider who might be liable parties that should be named as defendants in your case. The attorney may have to ask you difficult questions about your experience, your injuries, and the evidence that you have to support your claims. At Morris James, we are always sensitive to the trauma that injured victims have suffered, and we try to support them from the very first meeting. It can be a hard conversation, but it is critical to understanding the merits of your case and the potential for a successful lawsuit against the people who have hurt you. 

Your first meeting with a medical malpractice attorney is also your opportunity to assess the lawyer's competence, communication style, and commitment to your cause. Choosing a lawyer who is not only well-versed in medical malpractice law, but also someone who aligns with your expectations and comfort level, is crucial for a positive attorney-client relationship and a successful litigation process.

Preparing for the first meeting with a medical malpractice lawyer

In preparation for your first meeting with a medical malpractice lawyer, it is helpful to gather all relevant documentation and information to bring to the meeting. This will allow your attorney to thoroughly understand your case and provide an informed assessment of the situation. However, even if you do not have these documents ready, you should not delay meeting with a lawyer. Much of this information can be obtained after the initial meeting or during the discovery stage of a lawsuit, after you have filed a claim within the statute of limitations.

Some of the most important documents to bring to your first meeting with a medical malpractice lawyer are your medical documents, including:

  • All your medical records, doctor’s notes, test results, prescriptions, and hospital or clinic bills.
  • Correspondence or communication with healthcare providers related to the incident, including emails, letters, or even text messages. 
  • A timeline of events, outlining when you first sought medical treatment, what treatment was received, when and how you noticed something was wrong, and any subsequent actions you took.

In addition to your medical records, it is also beneficial to bring a list of witnesses who can potentially support your case. This might include family members, friends, or other healthcare professionals who were aware of your situation before, during, or after the medical procedure in question. For each potential witness, it is helpful to include their contact information and a brief note about what they might contribute to your case. This comprehensive preparation will not only help your lawyer to better understand your case, but it will also save valuable time and allow us to hit the ground running with your case.

The timeline of events that you prepare is particularly useful at a first meeting with a medical malpractice lawyer. It provides your lawyer with a clear picture of your healthcare journey and the circumstances that led to the alleged malpractice. A daily journal that documents your daily life living with your injuries, including your physical pain and emotional trauma, is also helpful. The more detailed and precise your timeline is, the better equipped your attorney will be to assess your case's strength and strategize accordingly. But remember, these documents are not essential at this stage. Your lawyer will help you to gather the evidence you need as you progress through the claim. It is more important at this stage that you get reliable legal advice in time to file a claim. 

What questions should you ask at your first meeting?

At your initial meeting, you should come prepared with questions that you want to ask the lawyer before you commit to hiring them. These questions can provide insight into their experience and approach to your case. You might want to ask about their track record in handling medical malpractice cases, including their success rate and the outcomes of cases similar to yours. Inquire about their assessment of your case's strengths and weaknesses, and how they plan to handle any potential challenges. Ask about the process, timeline, and what kind of involvement they expect from you. Additionally, discuss their fee structure, including any contingency fees, and what costs you might incur. At Morris James, we are happy to provide any information that will help you make your decision.

Discussing legal fees at your first meeting

The initial consultation is a good time to have an open discussion about the lawyer's fee structure. Medical malpractice lawyers, including the attorneys at Morris James, typically work on a contingency basis, meaning we only receive payment if we win your case or secure a settlement on your behalf. The contingency fee is usually a certain percentage of the amount recovered, which can be discussed during your first meeting. There might be other costs associated with your case, such as court filing fees, costs for obtaining medical records, and expert witness fees, which may be required upfront or deducted from the settlement or judgment amount. Understanding these financial aspects upfront helps to avoid any surprises and allows you to make an informed decision when hiring a medical malpractice lawyer.

Your first meeting with a medical malpractice lawyer is a huge step in your journey to justice and compensation, but it should not be daunting. It is your first chance to share the burden of your claim and get the advice of trusted professionals. It provides an opportunity for the lawyer to evaluate your case and for you to assess the lawyer's suitability to your needs. Your preparation in gathering relevant documentation and making a list of your questions also sets the groundwork for a successful partnership with your attorney, and ultimately, the success of your case. Take time to prepare, if you can, to make the most of this initial meeting, but do not delay calling an attorney while you still have the right to bring a legal claim. Our lawyers are here to help.

At Morris James, our attorneys have been standing up for victims since we opened our doors in 1932. If you or a loved one has been harmed by medical malpractice, we may be able to help. Our medical malpractice attorneys are available to talk to you about your rights and the options that you have at this difficult time. Contact us online or call 302.888.6857 to find out more.

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