Legal Questions

[admin]

Thank you everyone for responding to my post. I should have said that we already met with an experienced firm (that has won BPI cases). When I looked back at the contract it had the sliding scale that Ken mentioned. I hadn't realized those fees were fixed in our state. The 40% was just stuck in my memory I guess. They do have a nurse on staff and they did recommend pursuing the case at least until the next step (the independent expert medical review). We just couldn't bring ourselves to sign until I felt I could HANDLE the agony of a lawsuit that will last for years. Yet, I don't know whether the agony will be any less without the lawsuit (I think about the OB and the injury, etc. every day). The firm told us that one of the factors in whether you win is the severity of the injury (I'm not sure if they meant this only if it went to trial because of sympathy from the jury). Because our child's injury was "minor" (relatively speaking to BPI's), I just wasn't sure it it was worth all the years of agony. I realize that the vocal ones posting are likely to be the ones who have filed suit. I guess I just wondered if anyone regrets having gone through all the agony (esp.if you lost your case). I understand the points made about filing suit for the purpose of doing everything you can for your child. Am I selfish to be thinking more about all the agony I will be put through? I'm probably overthinking the agony! Thanks again.

[admin]

I'm not so sure your "agony" assumption is correct. After you provide what the lawyer needs, he/she does all the work. Depositions may be emotionally draining, but that's only one facet of it. For the most part, especially if the case drags out for years, the process just isn't that exciting for the client. It's a whole lot of hurry up and wait.

[admin]

Ken, I know there is a sliding scale fee structure in CT. Would you know what that is please? Thanx. -anon

[admin]

What is a sliding scale fee?
~Krista~

[admin]

I sued because maybe my "check mark" on the doctor's record might be the last straw to get his insurance company to drop him or the state medical board to remove his license. Of course, it wasn't the ONE but maybe I've added to the list and maybe the next one will ? I can only hope.

[jeni]

Krista,

the sliding scale usually means that the more money you make the less the lawyers make percentage wise. There are only a few states I know of that do this, and unfortuanately Missouri isn't one of them.

Jeni

[m&mmom]

Not all cases drag on for years. Ours case took about a year from start to finish. )

Cindy

[admin]

"Most, like Connecticut’s, establish a sliding scale that places an upper limit based on the amount of the settlement or judgment. Connecticut allows 33 and 1/3% of the first $ 300,000, 25% of the next $ 300,000, 20% of the next $ 300,000, 15% of the next $ 300,000 and 10% of amounts exceeding $ 1,250,000. (This sliding scale applies to any lawsuit to recover damages resulting from personal injury, wrongful death, or property damage involving contingency fees, not just to medical malpractice cases. )"

[mommy]

we're almost 2 yrs into it and only 1/4 of my depo done. No one else has been deposed yet. It is getting ridiculous

[BIGJAVSMA]

VA has no cap on lawyers fees. Ours gets 40% for trial and 30% for settlement. or something like that. I haven't looked at the paper work in a while. VA also unfortunately has a cap on malpractice. 1.7 million.