Frequently Asked Questions

Medical Malpractice

What is medical malpractice?

Medical malpractice is negligence by a medical professional that causes injury. Negligence in medical malpractice cases is defined as any breach of the standard of care that another reasonable, equally qualified medical professional would have provided. When a doctor's negligence (or a nurse's, dentist's, or other medical professional's negligence) leads to a patient injury that would otherwise not have occurred, then the doctor may be guilty of malpractice.

What is a "statute of limitations"?

The statute of limitations is a time period during which a lawsuit must be filed. Medical malpractice cases must be filed within two years of the time the claimant knew or should have known his/her injury was caused by medical malpractice. Filing your case before the statute of limitations expires is of paramount importance; if too much time passes your case may be barred. The statute of limitations is NOT the same for all types of cases. Therefore, if you believe that you have a medical malpractice, or other type of case, you should immediately contact an attorney to learn more about the statute of limitations that is relevant to your specific case.

Can I afford to hire an attorney?

In most cases, medical malpractice lawyers do not charge any fees up front. Instead, you will be charged on a contingency fee basis, which means that if you win your case, the lawyer will be entitled to a percentage of your award.

Will you take my case?

This question must be answered on an individual basis, because so many factors can affect whether or not a medical malpractice case is successful. In general, you must be able to demonstrate two critical elements: negligence and causation. First, you must be able to show that the doctor or nurse did not adhere to the required standard of care. For example, if you are claiming that a misdiagnosis was made, you must be able to demonstrate that another physician would have been able to make a correct diagnosis. Then you must be able to show causation -- that the doctor's negligence was the direct cause of injury. In the case of misdiagnosis, you must be able to show that had the diagnosis been correct, the patient's injury could have been prevented. If you believe that you have a medical malpractice case, please contact us to schedule a consultation. At that time we will review the details of your case with you before making a decision about representation.

Accidents

I was in a car accident -- what should I do?

If you have been in a motor vehicle accident, it is important that you remain calm and take several precautionary steps. If you feel you have sustained an injury, you should seek medical attention immediately. In the case of serious injury, you should allow fire rescue to transport you from the scene to an emergency room. Some injuries, such as back and neck problems, are not immediately noticeable but can later cause significant pain. If this is the case, you should promptly seek medical attention.

Can an attorney help me if the other driver does not have insurance?

Yes. A qualified attorney can help you receive compensation either from your own insurance company, providing you have uninsured motorist's coverage. In some cases, compensation can be obtained from the other driver's own assets. Contact an attorney to learn about the options in your particular case.

Can I afford to hire an auto accident attorney?

Yes. In most cases, you will not be charged any fees unless your case is won. Then the lawyer's fees will be paid as a percentage of your award. This means that you will not owe any money up front.

Personal Injury

What is a personal injury?

A personal injury occurs when the negligence of one person or group causes injury to another person. In personal injury cases, negligence may be either an action or inaction. The guilty party may have directly caused the victim's injury by behaving recklessly or may have caused the injury by failing to prevent it when he or she had the duty to do so.

What types of cases are considered personal injury cases?

Some examples of possible personal injury cases include: slip and fall injuries, nursing home abuse or neglect, automobile accidents, wrongful death, brain injuries, and on-the-job injuries.

How much does it cost to hire a personal injury lawyer?

In most cases, personal injury lawyers work on a contingency fee basis. This means that you will not have to pay any money unless your case is won, and then the attorney's fee is based on a percentage of the compensation you receive.

Construction Site Injury

How do I know if I am entitled to bring a lawsuit for compensation for a construction site personal injury?

The best way to determine if you entitled to compensation through a lawsuit for a construction site injury is to contact an experienced and knowledgeable attorney in the field of construction personal injury litigation. Most experienced and qualified personal injury attorneys will provide free consultation to discuss the facts of your case and determine whether or not a personal injury claim should be filed.

Can a lawsuit be filed for every construction site personal injury?

No. There are some construction site injuries for which no lawsuits can be filed. If the employer or the injured employee are the only persons at fault for the injury, then no lawsuit can be filed.

Can any lawyer represent me in a construction site personal injury case?

Yes. Technically, any lawyer who is licensed to practice law can represent an injured construction worker. However, because of the intricacies of construction technology and the complexity of construction safety regulations, it is important to be represented by an experienced attorney with a known track record who has knowledge of a multitude of construction methods and means, as well as one who is well versed in OSHA and ANSI and other safety regulations, and who is knowledgeable about standard construction documents.