Can You File a Medical Malpractice Lawsuit without a Lawyer?
Posted in Medical Malpractice on September 10, 2020
Medical malpractice claims can be very complex. The value of these lawsuits is often very high, and you will need to supply hard medical evidence to prove your need for damages. While you may want to file your claim without hiring an attorney, seeking legal representation may be in your best interest.
Self-Representation in Medical Malpractice Claims
When deciding whether or not to hire a lawyer, you need to take two important considerations into mind: how complex is the type of case you’re filing, and how much is at stake?
Medical malpractice claims are notoriously complex. To prove your claim, you will need to prove that the at-fault medical professional owed you a duty of care and deviated from the professional standard, directly causing your injuries and damages. You will need testimony from medical experts, significant documentation, and scientific evidence to support these facts.
These lawsuits also involve higher amounts of damages than other personal injury lawsuits. When you file a car accident claim, for example, you may need about $5,000 for vehicle repairs and medical expenses. When you suffer an instance of medical malpractice, you will likely suffer significant harm that will require long-term care, as well as permanent disability.
Since medical malpractice claims are complex and the outcome of your case can greatly impact the rest of your life, self-representation can be risky. A lawyer will have the experience, knowledge, and skills necessary to handle your claim.
How Much Does a Malpractice Attorney Cost?
Many people forgo legal representation for their lawsuit because they are concerned about the cost. While legal fees are expensive, most medical malpractice lawyers operate on a contingency fee basis. This means that you do not have to pay for legal representation unless your attorney secures compensation on your behalf.
If your attorney does win your case, he or she will take a percentage of your final settlement as payment. The contingency fee agreement you sign will detail the exact percentage your attorney will take. While your agreement may be different, the average contingency fee is around 33% of your final settlement.
Benefits of Hiring a Medical Malpractice Lawyer
While self-representation may seem like a viable option, hiring a lawyer to handle your case can provide a number of benefits that you may not be able to access alone.
- The at-fault party’s legal team will likely have a lot of experience and be very difficult to counter alone. Your lawyer will have the negotiation and argumentation skills necessary to advocate for your best interests despite the presence of these lawyers.
- Your case will almost certainly require a medical expert to testify on your behalf. Your lawyer will have access to a network of medical professionals who can provide insight into the at-fault party’s negligent actions and supply evidence to support your case.
- You may not know how much your case is worth, or the ongoing care you will need following the verdict. Your attorney can accurately calculate your settlement value, partnering with economic and medical experts who can create a long-term care plan for your injuries.
With contingency fee agreements in place, hiring a lawyer for a medical malpractice claim is often more accessible than other types of legal representation. By finding the right Kansas City medical malpractice attorney, you can build a compelling case for your compensation and apply these necessary benefits to your lawsuit.
Speak to lawyers in your area to determine the cost of their services, the resources they can provide, and their opinion on your medical malpractice claim.