It can be stressful to begin looking for a Texas medical malpractice lawyer after you or a loved one has been hurt by medical negligence. Perhaps you have never been part of a lawsuit before, and now you need to find TX medical malpractice lawyers to represent you in court. This guide can help you understand your rights as a the client of a TX medical malpractice lawyer and begin the process of finding Texas medical malpractice lawyers to represent you.
Your Lawyer's Role
Trying to negotiate with hospitals or insurers on your own can be a daunting task. If you haven't hired a Texas medical malpractice lawyer, you may find that you are offered very low settlements for your medical malpractice case. Once one of the many qualified TX medical malpractice lawyers begins to work on your case, you will have a negotiator with the education and experience to give you the best possible award.
Texas medical malpractice lawyers act as your representative in all negotiations with insurers or hospitals. Your TX medical malpractice lawyer is ethically obligated to represent you according to your wishes (within the bounds of professionalism), and TX medical malpractice lawyers are bound by state ethics rules to allow you to make your own legal decisions.
While Texas medical malpractice lawyers can give you advice based on their experience with similar cases to yours, you can still settle or go to trial against the advice of your Texas medical malpractice lawyer. The role of TX medical malpractice lawyers is an advisory one—they are there to advise and inform you, rather than insist on a course of action.
Texas medical malpractice lawyers are also bound to keep your information confidential. You can discuss any topics with your TX medical malpractice lawyer withou fear that they will be disclosed to others. If you wish for your Texas medical malpractice lawyer to avoid a sensitive topic at trial, your wishes will be respected.
Proving Medical Negligence
Medical malpractice claims in the state of Texas start because a doctor has breached a duty of care to his or her patient through negligence. TX medical malpractice lawyers have experience with negligent medical providers, and can investigate where your medical procedure went wrong. Your TX medical malpractice lawyer will need to prove your healthcare provider negligent by a proponderance of the evidence in the courtroom, and Texas medical malpractice lawyers can help your case at trial in many ways:
Expert witnesses help TX medical malpractice lawyers show that your doctor deviated from normal medical procedures and violated his duty of care. Texas medical malpractice lawyers have experience with working with expert witnesses and a knowledge of what witnesses work.
Your Texas medical malpractice lawyer can cross-examine your healthcare provider at trial and show any holes in the case of the defense.
TX medical malpractice lawyers know how to present your side of the story to maximize its impact with jurors. Having an experienced TX medical malpractice lawyer present your case assures you of having the best chance of winning your trial.
Do I Need a Texas Medical Malpractice Lawyer Right Away?
It can take time after a medical accident to realize that you have been injured. You may be wondering if you need to begin looking through listings of Texas medical malpractice lawyers right away for a TX medical malpractice lawyer to take your case. It can be best to hire your Texas medical malpractice lawyer as soon as possible after you realize you have been hurt, because of the Texas statute of limitations on medical malpractice.
A statute of limitations is a law that says how long you or your TX medical malpractice lawyer have to sue after being injured. TX medical malpractice lawyers work with a statute of limitations that usually lasts for two years from the date of the medical negligence. In general, this time period refers to the amount of time after you were injured or discovered your injury, but your Texas medical malpractice lawyer can help you to understand how much time you have before you can no longer file.
Can I Afford a TX Medical Malpractice Lawyer?
One medical complication often leads to others, and when you are looking for Texas medical malpractice lawyers you may be wondering if you can possibly afford yet another bill when your medical bills are already hurting you and your family.
You may be surprised to learn that most TX medical malpractice lawyers may take your case without any money from you upfront. This fee arrangement is called a contingency fee, and if a Texas medical malpractice lawyer agrees to take your case on contingency, you will not owe any upfront costs whatsoever.
After you are awarded damages, Texas medical malpractice lawyers who operate on a contingency fee basis will take a set percentage of your award. This percentage will usually depend on whether your TX medical malpractice lawyer has negotiated a settlement, or whether he or she has had to go to trial.
If you do not win your case and it was accepted by TX medical malpractice lawyers on a contingency fee basis, you owe your Texas medical malpractice lawyer nothing.
Your First Consultation With A TX Medical Malpractice Lawyer
While a law office can seem intimidating, meeting with prospective Texas medical malpractice lawyers does not have to be a scary experience. Remember, TX medical malpractice lawyers understand that you may not fully comprehend your legal situation. Your Texas medical malpractice lawyer can help to explain any concepts or terms in your medical bills or other documents that you don't understand.
If you have questions about your legal situation that you want to hear answered by Texas medical malpractice lawyers at your initial consultation, write them down ahead of time so that you remember to ask the TX medical malpractice lawyer everything you need to. You should also bring a copy of any records you have pertaining to your medical issues, including bills.
If talking about your story can be hard for you, write down what happened in your own words to show to potential TX medical malpractice lawyers. Your Texas medical malpractice lawyer will be greatly assisted by being able to understand exactly what happened to you. Bring a pen and paper to the consultation to write down anything you may find relevant from your TX medical malpractice lawyer, including information about lawyer fees.
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