How malpractice attorneys decide which cases to accept

Plaintiff attorneys receive contingency fees only in a successful outcome, or if the suit is settled out of court.

That’s why it’s important for lawyers to be discerning as to which cases to accept. “Big ticket” cases like “bad babies, paraplegia, and death of a wage-earner” often have influence.

Here are other factors that attorneys consider, including “the sympathy value of the plaintiff, the credibility of the plaintiff and his family, the credibility of the doctor-defendants, the appearance of the medical record, the jurisdiction of the court, the mix of the jury pool, the parties, and the likely insurer and attorney for the prospective defendants.”

Often times, these factors may be just as, if not more, important than the actual merits of the case.

topics: lawyer, malpractice

View 6 Comments >

Most Popular

✓ Join 150,000+ subscribers
✓ Get KevinMD's most popular stories