Finding an Attorney for Your IVC Filter Case

How do you choose the lawyer who's right for you and your IVC filter lawsuit?

If you're thinking about filing a civil lawsuit over complications stemming from a surgically implanted "inferior vena cava" (IVC) filter, having the right attorney can make a big difference in the outcome. Lawyers who specialize in product liability cases involving IVC filters represent plaintiffs, meaning people who have experienced health problems because of a failing or defective filter. The manufacturers of these products are typically large corporations with (big and expensive) legal teams to defend them in court, so having a seasoned lawyer on your side is critical. But what should you look for, and what do you need to know about the attorney-client relationship in cases like these?

Starting Your Search

Online resources like AllLaw are a great way to put together an initial list of candidates you might want to get in touch with when you're looking for an attorney to handle your IVC filter lawsuit. Asking for a referral to an attorney from someone you trust can be a good way to find legal help, but the simple fact is that many people don’t have a big word-of-mouth network when it comes to lawyers.

Remember, you're not just looking for someone who has experience handling lawsuits like yours; you're also looking for someone you can trust and who you feel comfortable with. State bar associations usually have websites that allow you to look up lawyers and learn information like whether they’ve been subject to any discipline. (Learn more about how to find the right lawyer for a personal injury case.)

What to Ask Candidate Lawyers

Whether you talk to a lawyer in person or over the phone, here are some topics you might want to touch on.

  • How long has the lawyer been in practice?
  • Roughly what percentage of the lawyer's practice involves personal injury cases? Has the lawyer handled other IVC filter cases?
  • Does the lawyer most often represent plaintiffs or defendants? You probably don't want to be represented by someone who has experience with personal injury cases but who has primarily been a lawyer for defendants. Advocating for plaintiffs who have been hurt is much different from helping a client avoid liability at all costs.
  • Would the lawyer personally handle your case or pass it along to another—perhaps less experienced—lawyer in the office? It's normal for more than one attorney in an office to work on the same case, and to have less experienced attorneys (or paralegals and others) handle routine tasks. But you should find out who would have primary responsibility for your case and who you would be dealing with directly. (Learn about working with a lawyer on an injury-related case.)
  • How will the lawyer and expenses be paid? Personal injury lawyers usually get paid only if the plaintiff gets compensation through a settlement or trial—usually they take a percentage of the overall sum. (More on “contingency fees” below.) Expenses normally come out of that money, too, but you’ll want to confirm that and establish whether they would come out of the overall sum, the lawyer’s cut, or your cut.

Remember to consider any special needs you might have, and any practicalities. For example, could you benefit from an attorney who speaks a language other than English? If you’ll need to visit the lawyer from time to time, is the lawyer's office relatively nearby and close to public transportation (if that's how you travel)? Check out more questions to ask a potential personal injury attorney.

Money Matters and More

Chances are a lawyer will handle your IVC filter lawsuit on a "contingency fee" basis. This means if you reach an out-of-court settlement, or your lawsuit goes all the way to trial and you receive a judgment in your favor, your lawyer will be paid a percentage of what you receive—usually around one-third of the total. (Learn what your IVC filter case might be worth.)

If you don't receive anything from the other side, your lawyer doesn't get paid. It's important to read the fine print of any attorney-client contract before you sign it, and understand whether you would be on the hook for expenses or "costs" associated with your case if you don't end up with a trial win or settlement. (Get the details on lawyer fees in personal injury cases.)

Even if you think you have a good case, be prepared for a lawyer to turn down the opportunity to represent you. Many lawyers do not take cases if they fall below a certain potential recovery amount, or if a key element of the case is less than clear. Maybe there are indications that your implanted IVC filter is failing, but you haven't received a diagnosis of a specific health problem, for example. (Learn why a diagnosis is often crucial in an IVC filter case.) Be prepared to keep looking and look again as your situation changes.

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