What to Expect When You Call a Medical Malpractice Attorney

1. What happens when I first call?

We’ll start with a free consultation—usually over the phone, by video, or in person. You’ll tell us what happened, and we’ll ask questions about your medical care, your injury, and how it’s affected your life. The goal is to figure out if your situation might involve medical negligence.

2. How should I prepare for the initial consultation?

Just be prepared to discuss the details of your case.

3. How do you decide if I have a case?

We look at three main things:

Did they make a mistake or act unreasonably?

Did that mistake cause your injury?

Did the injury cause serious harm—like severe pain and suffering, lost work, or extra medical bills?

To answer these questions, we often bring in outside doctors to review the case.

4. Do I have to pay anything upfront?

No. We work on a contingency fee basis, which means you pay nothing out of pocket. We only get paid if we win money for you.

5. How long until I know if I have a case?

It depends. Some cases are clear quickly, but others need more expert review. On average, it may take a few weeks to a few months to know for sure.

6. How much time do I have to file a lawsuit in California?

The deadline is usually one year from when you discovered the injury, and no more than three years from when the malpractice happened. There are exceptions, especially for children, so it’s best to contact an attorney as soon as possible.

7. What if I’m not sure it was malpractice?

That’s normal. Many people aren’t sure whether a bad outcome was just bad luck or a doctor’s mistake. That’s why we investigate and talk with experts. We’ll give you an honest answer, even if it means telling you it’s not a malpractice case that we can accept.

8. What kind of compensation could I get?

If successful, you could recover money for:

Medical bills (past and future)

Lost income or ability to work

Pain and suffering (California law sets limits, but those limits are increasing)

Loss of companionship or support (in wrongful death cases)

9. How much will I need to be involved?

We’ll handle the heavy lifting—collecting records, filing papers, negotiating, and going to court. You may need to answer questions, give a deposition, or appear in court if the case goes that far, but most of the stress is on us, not you. Good cases tend to settle before going to trial.

10. What if you don’t take my case?

Not every case can move forward. If we can’t take your case, we’ll explain why and, if possible, point you to other options or attorneys who may be able to help.

Shape Remember: Calling a medical malpractice lawyer doesn’t mean you’re starting a lawsuit right away. It’s simply a free chance to learn about your rights and see whether you might have a claim.