Something awful happened to your loved one. A mistake. An error. Malpractice? You want to know whether you have a case, what their rights are, how to proceed.

When do you call a lawyer?

When folks call our office, I always ask when the accident happened. Is the victim still alive? Are they still treating?

You cannot evaluate a lawsuit (fully) until the injury (caused by the malpractice) has been diagnosed and treatment is either finished, or predictable.

In Virginia, you have 2 years from date of injury to file suit.

It is always best to call an attorney within the first year, but after you have a general idea of what the injury was.

If you wait until 18-20 months after the incident, many firms, including ours, may not be able to help. We only file cases we believe are cases – and must request records, speak to experts to get to this point. It takes months to evaluate a case, so do not wait until the last minute to call an attorney.

Who do you call?

Call someone with experience who practices in your town, and in your practice area. You don’t want to be an attorney’s first or only medical malpractice case. Ask around and see who has experience. Ask your family, friends, colleagues at work. Ask your divorce or wills and estate attorney – sometimes they will refer you to a specialist.

If you want your case evaluated, feel free to call our firm. We will explain why or why not we think you have a case, for no charge.

Dan Frith
Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.