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They say that in most any endeavor, preparation is everything. That is so true when it comes to medical malpractice cases. Preparation is what separates victory from defeat; some people even say it can snatch victory from the jaws of defeat. Based on some really absurd damage awards we hear of about time to time, properly prepared representation by competent medical malpractice lawyers in Philadelphia wins cases.
But what constitutes proper preparation? Here are a few factors which should not be missed:
a) The malpractice attorney should have a very thorough knowledge about the damages or injuries being claimed by the client. In the worst instance, it would be the height of incompetence for a lawyer to find out in court that he has agreed to represent a client asking for compensation to defray the cost of a couple of band-aids. It would also be very foolish, since most malpractice attorneys advance litigation cost and only get paid if they win.
b) Preparation always includes the gathering of evidence and documentation in support of the client’s claims. Here it is important to remember that the burden of proof that an incidence of medical malpractice occurred is on his client. Lawyers affiliated with the Medical Malpractice Trial Lawyers Association are only too familiar with the detail that needs to go to compiling documentary evidence.
c) While all the preparation is going on, the malpractice attorney should be continuously reading the chances for victory. It is not enough that he has a good grasp of the case from his client’s side; he also needs to read the opposing side. He has to have a feel for how vigorously the opposing attorneys will mount their defense.
d) Top medical malpractice lawyers in Philadelphia must also try to anticipate any defense the medical practitioner and his counsel may use. It is his job to have ready arguments, documentation and testimonies which would shoot down anticipated defense tactics. Sometimes getting the services of a highly respected expert witness before the defense does, can mean the difference between success and defeat.
e) One of the most essential skills good medical malpractice attorneys must have is the ability to determine when to settle out of court, and when to go all the way with the lawsuit. There is no logical reason to go to court, with all the expense and delays it entails, when there is a possibility to obtain just settlement before then. Defense lawyers use settlements to concede and cut on court costs; good malpractice prosecuting attorneys sometimes use settlements to salvage an unwinnable situation. Good lawyers such as those you’ll find through McLaughlin & Lauricella, P.C. Trial Attorneys are loathe to settle, but does not rule it out when it favors their client’s interest.
One thing that no lawyer could prepare for is the resolve of his client to obtain justice. There are some instances when the clients settle against the advice of their lawyers. There is no substitute for the high level of trust required of lawyers and clients.