My friend and I both live in Gulfport, Mississippi and were prescribed a drug that was later recalled. She hired a personal injury attorney and was not pleased with her settlement. If I hire a medical malpractice attorney, will I receive the same settlement as her?
No, there is no guarantee that you will receive the same settlement as your friend in this situation if you hire a personal injury attorney.
No two personal injury settlements are the same.
It is rare that two settlements involving drug recalls are ever exactly the same, as each case is different and is dependent on numerous facts and circumstances unique to the client.
For example, you may have taken the same drug as your friend, but did you take it for the same amount of time? Did you take the same dosages? Were you ever hospitalized? Did you experience different injuries from your friend? Were you required to miss work because of your experiences with the drug?
These are all questions that will be factors in determining the value of your case and the sort of settlement you would be entitled to. It is unlikely that you and your friend can answer any of those questions in exactly the same way, so your case will be evaluated differently.
No two settlements have the same costs.
Also, your friend could have had different costs associated with her case that may have affected her settlement. Her settlement may have included costs for requesting a large number of past and present medical records, costs for court filings, or other cost incidentals.
Further, the fee charged by the attorney to your friend would have affected her settlement. Did she inquire about her attorney’s fee before signing the retainer agreement? More importantly, did she inquire about the difference between fees and costs?
Always inquire about attorney fees.
It is important that you remember to always inquire about fees and costs before signing a retainer agreement with an attorney. In cases of this particular nature, it is even more essential to ask whether the fee will remain the same throughout the entire case, or if it will change if litigation is required.
If you are considering hiring an attorney to represent you, and you have concerns about the settlement, the best thing to do is ask questions upfront. Do not refrain from asking questions out of fear. Your attorney is there to help and represent your best interests!