It is crucial to be an "informed consumer" when hiring an attorney to represent you in a personal injury, worker's compensation, or medical malpractice case. At
Wagner Reese, because we handle cases involving legal malpractice in Indiana, we often hear about the things that go horribly wrong in an attorney-client relationship.
Here is a list of questions you might want to ask yourself before hiring an attorney and during the course of your relationship with the attorney you have chosen:
1.) How did I learn about this attorney? What is his/her reputation? Ask a lot of questions. Interview the attorney. You are hiring them. They are your employer.
2.) Was I pushed into signing a contract without feeling completely comfortable with that decision? An attorney should discuss each part of the contract with you before expecting you to sign it. You should understand all elements of the contract and be allowed to ask questions until you understand. Go home and think about it. Bring another person to the meeting with the attorney. Two brains and two sets of ears are always better than one.
3.) Have I been provided a copy of every contract/document that I have signed? As you sign documents, especially a contract, request to retain a copy of all documents for your records. That is not an unreasonable request.
4.) Does my attorney carry malpractice insurance? Attorneys practicing law in Indiana are not required to carry malpractice insurance. If an attorney makes a mistake on your case such as missing a deadline, you will be relieved to learn that they are insured. Attorneys should carry as much insurance as the amount of their largest case.
If you have questions regarding legal malpractice in Indiana, please call our office for a free consultation toll free (800) 792-0332.
Indiana is just one of 35 states that limit the amount of
compensation a patient receives following a medical error. Patients in Indiana are only able to receive maximum damages of $1.25 million. Capping jury awards allows for a slow growth in the cost of medical malpractice insurance for doctors. These caps, however, do not seem to have a significant impact on doctor's fees, only reducing total health-care spending by less than .02%. The questions surrounding costs of medical malpractice lawsuits seem to be gaining increasing attention in the overall health-care debate. To date, President Obama has ruled out support of a national cap on malpractice awards.
