When you have a vaccine injury claim, hiring a lawyer to represent you is one of the first steps toward asserting your rights under the National Vaccine Injury Compensation Program (VICP). But, how do you choose the right vaccine lawyer for you?
There are several factors to consider when choosing a lawyer to file a vaccine injury claim on your behalf. While there is no “right” answer, it is extremely important to make an informed decision. The outcome of your claim could impact your life for years to come, and your choice of legal representation could play a significant role in the outcome you achieve.
7 Factors to Consider When Choosing a Vaccine Lawyer
With this in mind, here are seven factors to consider when choosing a lawyer to file your claim under the VICP:
1. Focus on Vaccine Injury Claims
Vaccine injury claims are unique in many ways. They are subject to unique eligibility criteria, they have unique filing requirements, and they involve unique procedures for recovering the financial compensation claimants deserve.
As a result, when choosing a lawyer, it is important to choose someone who focuses on handling vaccine injury claims. A lawyer who doesn’t handle these claims regularly will need time to get up to speed, and he or she may not be able to represent you as effectively as someone who has a decade or more of experience focusing on helping individuals and families secure VICP compensation.
2. Experience Negotiating VICP Settlements
Many successful VICP claims result in out-of-court settlements. Even though filing a VICP claim involves dealing with the federal government, it is still a litigious process. The process begins with filing a “petition” in the U.S. Court of Federal Claims (also known as the “Vaccine Court”), and government attorneys will review your petition to determine if a compensation award is warranted.
If your petition clearly establishes your rights under the VICP, your case will most likely proceed to settlement negotiations. But, a settlement is not guaranteed, and you need to make sure you do not settle for too little—because you don’t get a second chance. A lawyer who has experience negotiating VICP settlements will be able to represent you effectively and help you make an informed decision about when (and if) to settle.
3. Experience in the Vaccine Court
Along with experience in VICP settlement negotiations, you will also likely want to choose a lawyer who has experience in the Vaccine Court. The reason is simple: If a fair settlement isn’t on the table, you need to be confident that your lawyer can fight effectively for the financial compensation you deserve.
Pursuing a VICP claim in the Vaccine Court is very different from pursuing other types of injury claims in state court. As a result, relevant courtroom experience is key. A lawyer who has significant experience representing clients in the Vaccine Court should be intimately familiar with the relevant rules and procedures as well as the types of evidence that are needed to prove your legal rights.
4. Free Resources to Help You Make Informed Decisions
When you are dealing with the effects of a vaccine-related injury or illness, you need to make informed decisions—not just about your legal representation but about many other matters as well. While you will ultimately need to rely on your lawyer’s advice, it can be helpful to learn about your situation in advance—if you can find free (and accurate) resources online.
We have published a list of FAQs and regularly publish articles written to help potential VICP claimants understand what they will need to know if they decide to move forward. By learning some of the basics in advance, you can feel much more comfortable during your free initial consultation.
5. Nationwide VICP Representation
Since the Vaccine Court is in Washington D.C. and relatively few lawyers focus on handling vaccine injury claims, it can be beneficial to look for a lawyer who provides nationwide VICP representation. You do not need a lawyer in your state when seeking financial compensation under the VICP. A lawyer who represents claimants nationwide should be able to provide effective legal representation remotely—and, if the lawyer’s office is in Washington D.C., he or she will be able to efficiently present your claim in the Vaccine Court if necessary.
6. Availability and Accessibility
Any time you need legal representation, it is important to be able to get in touch with your lawyer without waiting days for a return call, text or email. During your free initial consultation with a vaccine lawyer, you should feel free to ask about the lawyer’s communication policies and practices. Will you be able to contact the lawyer directly? How soon can you expect to hear back if the lawyer isn’t available immediately? While these might seem like minor details now, they can make a big difference when it comes to your stress level and your overall satisfaction with the VICP claim process.
7. No-Cost Legal Representation
Finally, all lawyers should provide no-cost legal representation for your VICP claim. If a lawyer doesn’t offer no-cost legal representation, you will most likely want to go somewhere else. The VICP pays claimants’ legal fees separately from their compensation awards, so you shouldn’t have to pay anything even if your claim is successful.
While these are some examples of the factors you may want to consider when choosing a vaccine lawyer, you should not hesitate to ask any questions that you want answered. Your choice of legal representation matters and a good lawyer will be more than happy to help you make an informed decision.
Schedule a Free Initial Consultation with Vaccine Lawyer Leah V. Durant
Do you need to speak with a lawyer about filing a vaccine injury claim under the VICP? If so, we invite you to contact us for a free initial consultation. To schedule an appointment with vaccine lawyer Leah V. Durant, please call 202-775-9200 or send us your contact information online today.