Finding an Attorney for Your Hernia Mesh Case

If you're thinking about filing a lawsuit over injuries caused by faulty hernia mesh or a botched hernia mesh implant procedure, having the right attorney can make a big difference in the outcome. 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 for the Right Hernia Mesh Lawyer

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. Websites like Nolo 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 hernia mesh lawsuit.

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 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 finding the right lawyer for a personal injury case.)

What to Ask Potential Hernia Mesh Lawyers

Whether you talk to a lawyer in person or over the phone about your potential hernia mesh case, 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 cases related to medical devices in general, or hernia mesh in particular?
• 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 than 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 whom you would be dealing with directly.
• 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 and "costs" 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? (Get more tips on what to ask before hiring a personal injury lawyer.)

Lawyers' Fees and More

Chances are a lawyer will handle your hernia mesh lawsuit on a "contingency fee" basis. This means if your hernia mesh case settles, 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. 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 to 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 how personal injury lawyers get paid.)

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 you have a hernia mesh implant, but you haven't received a diagnosis of a specific health problem (or you haven't been experiencing any complications associated with the implant), so there's not a clear picture of your harm. Be prepared to keep looking for help with your case, or to look again as your situation changes.

Learn more about how an attorney can help with a hernia mesh case.