How To Pick An Illinois Medical Malpractice Lawyer

One of the most common questions we get is deals with how to pick an Illinois medical malpractice lawyer. We are attorneys who will talk to you for free and recommend who we think the best lawyer is for your case. If you would like a free, confidential case review, please contact us at 312-346-5320. We help all over Illinois. People say that our service is like having a lawyer in the family.

What Makes A Medical Malpractice Lawsuit?

Before you look for an attorney, you should discover if you even have a case worth pursuing. People often come to us to find out if they even have a case at all. Part of choosing the best Illinois malpractice law firm for you is doing a deep dive into the case facts.

Winning medical malpractice lawsuit is hard. You need the type of case that 12 jurors would agree on and damages that make it worth it. Some things to know include:

1. These cases are expensive. It is not uncommon for it to cost a law firm $100,000-$200,000 to bring a case. As a result the second point happens.
2. Illinois medical malpractice lawyers are looking for cases with big damages. Given how expensive the cost is, you usually need major harm to have a case worth investigating. That sadly means death, paralysis, brain damage, loss of use of a limb, permanent disability, blindness, etc. We have won cases when those things do not exist, but it is much harder to get a law firm interested when you make a great recovery.
3. To win you also have to prove negligence, not just a bad result. A bad outcome does not mean a doctor, nurse or hospital made a mistake every time. Sometimes it does and sometimes it doesn’t. If the harm you suffered was a result of the problem you already have, you do not have a case. If the harm likely would have happened anyway, it is not a case. And if the injury from them is due to a known risk (such as your colon getting nicked in a colonoscopy or catching an infection), it is usually not a case unless they do not catch the error in time.
4. As a result of all of this, doctors do often get away with being terrible at their job. That is one of the hardest parts of this law. Many times bad medical providers are not held responsible.
5. But often they are. And when you do win a medical malpractice lawsuit, not only do you take steps to prevent it from happening to others, you can recover millions of dollars. Or in some cases like birth injuries, tens of millions of dollars. This is why picking the right malpractice law firm really matters.

OK, I Understand About What Makes An Illinois Medical Malpractice Lawsuit. How Do I Pick An Attorney?

Unlike car accidents, divorces or DUI’s there are not hundreds of law firms in Illinois who have a track record of bringing and winning medical malpractice lawsuits. That is because they are costly, time intensive (most cases take many years) and complex.

So while every year smaller firms win some medical malpractice lawsuits, it is pretty rare. And those are the types of firms that in a ten year period will have tried or settled 2-3 malpractice cases. You want to pick a firm that gives you the best chance of success. In our experience since 2001, having been involved in reviewing more than 10,000 malpractice cases, these are things to look for in an Illinois medical malpractice law firm.

1. A real track record of success. Their firm should have a results page. If they do not have at least ten cases for malpractice that have resolved for seven figures or more, there are probably better firms for you. In fact, most of the firms we recommend have over 100 such cases.
2. They have taken medical malpractice cases to trial repeatedly. If you can settle for a good amount, that often makes sense. But unlike any other are of law, you have to be prepared and willing to go to trial to get the best result when it comes to medical lawsuits. Not every website will discuss their trial experience, but you should look for it and ask about it when interviewing them.
3. They have at least three lawyers. Most firms we recommend have ten or more, but three is the minimum. We say this because these are time intensive cases that require attorneys who can work as a team. Usually there are at least two lawyers assigned to a case. If it goes to trial, that could be 2-4 weeks. If they do not have other lawyers, the rest of their cases will suffer during this time which is a bad reflection of the firm. Also, smaller firms are going to at times push too hard for a settlement. If you settle for $5 million when the case could be worth $15 million, that is a loss. Your lawyer’s motivation should be what is best for you and not anything else.
4. The lawyers are also experienced. Having one seasoned attorney and two that have been out of law school for less than three years is practically the same thing as hiring a firm with just one lawyer. While anyone can contribute to a case, we typically look for attorneys with ten or more years of experience. And the attorney primarily responsible for your case should have at least 15 years experience in most situations.
5. Whoever you hire should have experience with cases similar to yours. One of the most important aspects of any Illinois medical malpractice lawsuit is knowing what outside experts to turn to in order to review your case to see if there is negligence. This is a requirement under Illinois law. So if you were going to sue for a failed back surgery that left you disabled, your best chance of a great result involves hiring a firm that has won similar cases to yours. They will know who to consult with and what to look for. This allows the case to move quicker and also provides leverage in settlement negotiations. If the insurance company knows your lawyer won a similar case for $20 million, that will really get their attention.
6. Only hire Illinois based firms for Illinois cases. There is a gross development in the law where firms that are mainly based in other states are marketing themselves as Illinois lawyers. If they are not regularly before Illinois Judges in Illinois courts and familiar with Illinois law, that puts you at a disadvantage. Many of these firms are just marketers and tricking potential clients. Avoid them like the plague. There is too much at stake and these cases are too complex.
7. The primary attorney on your case should not be too old. This is a tricky one. A lot of the better firms have older attorneys who essentially serve now as intake coordinators and case managers since they are so good with the clients. You need to know who will be the attorney to try your case. That might not happen for 3-5 years or more depending on the case facts. If the trial attorney is 75 now, do you want them trying your case when they are 80? I would not. Generally speaking, make sure the firm has a good roster of attorneys in their 40’s, 50’s and 60’s and that one of them will work on your case.

So I Know What To Look For, How Do I Tell All Of These Firms On The Internet Apart?

There are a couple hundred law firms that say they do medical malpractice cases in Illinois. We have been following cases since 2001 and one thing is clear. There are about ten law firms who year in and year out get the best results.

This does not mean they should get all of the cases. For cases that could be worth mid six figures like getting a stage four bedsore in the hospital there are certain firms that have a good track record of quick recoveries in those types of claims.

But for the truly catastrophic injury cases, these ten or so firms really do make a difference. Simply put, cases are worth more money in their hands than with other, less accomplished firms.

These are the types of lawyers we recommend. Nobody pays us to recommend them. We would treat you like a family member or friend and only send you to an elite law firm that has a track record of great results. And we do not publish a list because some of these firms are better for certain types of injuries than others. Also, year over year firms can break up, have a main partner pass away or have something else that affects their worthiness. We want you to have the best attorney for the moment in time when you reach out to us.

If you would like our opinion as to if you have a case and if so, who you should hire, please call us any time at 312-346-5320. We will do whatever we can to help you and answer any questions that you have.