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Unlike other areas of law, the statute of limitations for Medical Malpractice cases varies
depending on many different factors such as the age of the patient and the last date of treatment. Please contact our experienced
nurse or medical malpractice attorneys to discuss the specifics of your case.
Nothing. We work on what is called a contingency basis. We only receive a percentage of the
money that we collect for you. If we collect nothing for you, we get nothing either.
The amount of time varies. Sometimes we can settle a case quickly while other cases
require more time to get the best result. However long it takes, you can be assured that we will monitor your case carefully and move
it as quickly as possible.
The legal process for handling medical malpractice and personal injury cases can sometimes
take time. During that time, lost income and medical expenses can make life very difficult. We understand this. All attorneys can help
you with ways to deal with financial loss:
- You may be entitled to disability benefits.
- You may be entitled to No-Fault insurance benefits.
- Medical professionals may agree to help you if they know you have a case with our firm.
- If you have creditors that are bothering you, you can ask us to help negotiate a payment for when your case is over.
Medical malpractice and personal injury cases are very complex. Therefore, your attorney should
very experienced in trying medical malpractice or personal injury cases. Your family attorney is unlikely to have the expertise and resources
needed to handle these types of cases. All of our attorneys are highly skilled in the trying of medical malpractice and personal injury cases.
We have been helping victims for over 50 years.
You do not have to be a legal resident to bring a lawsuit, and you will not be deported if you do.
If you have been injured or have been the victim of medical malpractice, contact us now so that we can help you get the compensation you deserve.
No: you cannot be deported for bringing a personal injury case. In fact, undocumented
workers can sue for personal injury damages sustained at construction sites and places of employment. Recent cases have made it clear
that the courts will not punish workers who have been injured on the job by deporting them or preventing them from bringing a case.
Employers at construction sites often hire undocumented workers for dangerous jobs, to keep
labor costs low. Because this is against the immigration policies of the U.S., Congress enacted The Federal Immigration Reform and Control
Act of 1986 ("IRCA") which requires employers to obtain documentation from prospective employees in order to verify their identity and prove
that they are eligible to work in the U.S. The IRCA does not penalize the undocumented worker for getting employment without having proper
work authorization.
Recently, employers have tried to prevent undocumented immigrants from bringing personal injury law suits. Employers argued
that since the immigrant was not allowed to work in the U.S., they should not have to pay for the employee’s past and future lost earnings.
The courts have rejected this argument and said that because the employer chose to ignore its obligation to verify the immigration status of
the worker, it now has to live with the consequences of its actions and is responsible for paying the full U.S. level of wages lost by the
employee.
Because the IRCA puts the burden on the employer to verify documentation, courts protect undocumented workers by allowing
them to bring personal injury lawsuits for injuries sustained as a result of accidents at work.
Scaffold and ladder accidents are very common at construction sites because of the frequency with
which construction workers use them. Unfortunately, not all employers ensure that the equipment is safe to use. We have experienced ladder and
scaffold attorneys on staff waiting for your call.
The law provides absolute liability against the company that erected the scaffold, as
well as the general contractor and owner of the building being worked on. We have experienced attorneys to represent your case who will help you.
You most likely would be entitled to worker’s compensation. We can help you to get workman’s
compensation benefits. Please contact us now.
If you are in an accident your first concern should be for your injuries. Try to
remain calm until medical attention arrives. When medical attention arrives tell the emergency rescue workers about any pain, numbness,
and limitation of movement. Even if you do not think you are hurt, let medical staff look at you; quite often you will begin to feel pain
hours, and sometimes even days after the accident. Then, contact an attorney.
Make sure that you get the names and addresses of witnesses including authorities when they arrive.
Exchange driver's licenses, auto registration numbers and insurance information with the driver of the other car and get the
names and addresses of passengers in the cars involved. Make sure you write down notes about your injuries and their symptoms while you
remember them, because this information may be very important later.
If you have an accident with a parked or unattended vehicle, or cause damage to someone
else’s property, try to locate the property owner and report the accident. If the owner of the damaged property cannot be found, leave
a note with your name, address, and phone number. You can leave this information on a damaged car or at a house where the damage occurred.
Your first call should be to the police to report the accident. As soon as
possible you should report your accident to your insurance company. If your vehicle has been damaged your insurance company
will have a claims adjuster contact you to determine the compensation you are to receive. Remember even if the claims
adjuster says something like, "We want to make sure you recover all of your damages," or "I am going to make sure you
are paid in full," it is their job to keep your compensation to a minimum.
Things to Remember During the Damage Recovery Process:
- Do not sign or initial any documents, statements or forms unless you have read them very carefully. If you can,
have an attorney review them first, if you do not have one, try to have someone you trust read it and go over it with
you first.
- Be wary of signing anything that says "Released," or "in full satisfaction of all claims." Sometimes these
words are printed on checks even if your claims are not being fully paid.
- Make sure you check to see if your insurance will pay for medical expenses. Take advantage of this if you have the coverage.
- It is a good idea to take careful notes of the timeline of events even after the accident. Even if you mark on the calendar
the dates papers were received, when you returned to work, when you saw the doctor, you may find those notes extremely helpful at
a later date after your memory has begun to fade a little bit.
An insurance policy is a contract between you and your insurance company that
defines your rights. The language in these policies can be very complicated, so read your policy carefully. As a client of
Barton Barton & Plotkin, you will be given answers to your questions.
Accidents can result in serious injuries. Given the costs of medical care,
we recommend that everyone carry minimal limits. The more coverage you can afford, the better.
Yes, typically costs associated with injuries to others, or for damage to other
automobiles will generally be covered. There may not be coverage for the damage to the vehicle you're driving unless the owner
of the vehicle has collision coverage.
If your son or daughter is a resident of your household, and has reasonable belief
that he or she has permission to drive the vehicle, he or she can still be covered by your policy.
If you have uninsured motorist coverage,your own insurance company will step in and pay for your
damages. If the case is filed in court, your insurance company will pay any amount the court orders the guilty driver to pay, up to the
policy limits you purchased.
Depending on the rights described in your policy a rental car may be paid for during the period
between the accident and repair, or until the vehicle is appraised as a total loss. Insurance adjusters will typically offer to pay only the least
expensive rates available for rental.
Not necessarily. The money the insurance company pays you will only be for what is called
"the actual cash value" of the car, and not the actual amount owed. This means that the insurance company will pay for what it would cost to
replace your damaged vehicle with one similar in condition and with similar mileage. Conditions such as un-repaired previous damage and tire
wear are all considered in determining actual cash value. If your car has been financed, the actual cash value may be much less than the car
was originally worth, as well as how much you still owe.
As long as the car pool is not intended as a business operated for profit, insurance
protection is not affected. If you are just using your car with others to "share the cost of getting to work" where everyone takes turns
driving, or paying for expenses, your policy should provide regular coverage. However, car-pooling results in an increased number of
passengers in the car, so you should consider increasing your liability limits.
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PERSONAL INJURY
