Frequently Asked Questions

Question: If I or a family member had a bad medical result from medical treatment, how do I know if I have a legal malpractice claim?

Answer: Not every error committed by a physician or a hospital creates a viable medical malpractice claim. A medical malpractice claim consists of two parts. First, the doctor or the healthcare practitioner must have violated the standard of care. In other words, he or she must have not performed up to an acceptable professional standard. Secondly, and equally important, the failure to perform up to professional standards must result in further additional injury. Given the complexity and the costs of a malpractice case, the subsequent injury generally must be permanent and seriously disabling in order to warrant the time and expenditure involved in pursuing a medical malpractice claim.

Question: What is the cost of bringing a medical malpractice case?

Answer: Our attorneys will carefully review the medical history of the injured party and consult with an appropriate medical specialist to see if medical malpractice occurred If, after this investigation, our attorneys are satisfied that there was a breach of the professional standard of care and that you or a family member suffered a serious and permanent harm as a result, we will take your case on a contingent fee basis. This means that if we do not recover money for you, there will be no charge for our services and we will advance all costs. Only if the case ends in a successful conclusion, through a settlement or trial award will we seek to recover the costs and a contingent fee. We will provide a signed written agreement to this effect with you before we ask you to entrust us with your case.

Question: If you or someone in your family has been injured at work, is it true that they will not be compensated by their employer for their pain and suffering?

Answer: Ordinarily when one is injured at work, the employer is responsible to pay for medical expenses and to a certain extent for lost wages depending on the terms of the available workers compensation insurance. However, what an employee relinquishes in exchange for the certainty of these payments is the right to go after their employer and seek damages for their pain and suffering. The only way one can obtain damages for the pain and suffering, accompanying a work site injury is if they have a claim against someone for their work injury other than their employer. Our firm specializes in reviewing work site injuries to determine whether there is an additional party responsible other than the employer, from whom pain and suffering and in unique circumstances punitive damages, may be sought.

Question: If you or a family member has been injured seriously but cannot afford to pay the costs of retaining an attorney, what does it mean if the attorney is willing to accept the case on a contingent fee?

Answer: Our office frequently accepts serious and disabling injury cases on a contingent fee basis. This means that our office will investigate the claim and if we are satisfied that there is legal liability, file a lawsuit. All such costs of the investigation will be at the expense of our firm. If the case ultimately results in a recovery through trial or settlement, we will be compensated for these costs. Additionally, the monies that we spend during the discovery and trial of the case will also be reimbursed from the settlement fund. Such retainer agreements typically provide for an additional contingent fee which is a percentage of the net recovery after expenses. However, under no circumstances when we accept a contingent fee case do we recover any costs or fees unless we produce a favorable financial result for the client.

Question: If I or a family member was seriously injured by an automobile, truck or home appliance or some other type of mechanical apparatus that is more than two years old or five years old or even 10 years old, does that mean that the product is too old for us to have a lawsuit for product liability?

Answer: No. A product liability claim must be brought within two years of the time when the accident occurred. This does not mean that the device responsible for the injury cannot be much older, five, ten or even fifteen years older. Our attorneys are experienced and knowledgeable in determining if the product was produced with a defect or if a warning should have accompanied the product such that an injured party may bring a lawsuit against everyone responsible for the product, manufacturing and sale of the product originally.

Question: If a law enforcement agency, police officer or FBI agent asks to speak with you or requests records or documents should I do so? If I don¹t or if I rely on my 5th Amendment rights not to speak will they think that I am guilty?

Answer: Any time any law enforcement officer or agency wants to speak with you or request written information, it is very important that through an attorney or enforcement agency you understand the purpose of the police inquiry. When contacted by the police or government agency, you should tell them you want to speak to an attorney first and the attorney will respond to them. Once you learn the purpose of the government inquiry you can develop the right response with the help of your attorney. No one should ever think that relying upon their rights to consult an attorney or if necessary to decline to answer that they will be judged guilty.