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What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

 

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

 

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

 

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

 

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient’s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

 

The Most Common Medical Malpractice Lawsuits

 

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Florida Zofran Lawyers Filing Birth Defect Lawsuits

Zofran birth defects lawyers for: Miami, Fort Lauderdale,  Boca Raton, Delray Beach, West Palm Beach, Hollywood,Orlando, Tampa, Port St Lucie, Clearwater, Sarasota, Ft Myers, Jacksonville, Pensacola, Panama City, Tallahassee,  and all of  Florida Zofran Birth Defects Lawsuits.
Do You Want To File A  Zofran Birth Defect  Lawsuit?

Were there complications during the birth of your child?

Was Your Child Injured By Zofran ?

  • Cleft Palate
  • Cleft Lip
  • Hole in the Heart
  • Fetal Deaths

For More Information Call The Free Legal Shield  Lawsuit Helpline Today
Si usted ha tomado Zofran y su hijo han sufrido defectos de nacimiento puede con derecho a indemnización.
Children born with a cleft palate or cleft lip suffer severe emotional and psychological problems as well as requiring extensive reconstructive surgeries. Your child has been injured by a manufacturer who neglected to give warnings regarding their Zofran.
Injured By Off-Label Usage of Zofran? Call us today to discuss a Zofran birth defects lawsuit with one of our experienced Zofran lawyers.

Starke Auto Auto Accident Lawyers, Covering Starke and Nearby Cities

Starke Auto Auto Accident Lawyers, Covering Starke and Nearby Cities

Small rural areas of Florida do not have access to high powered experienced personal injury lawyers. Many residents of these rural areas do not get the settlements for their injuries that they deserve. The experienced auto accident lawyers of our personal injury help department are reaching out to injured people in:

Other cities, towns, and suburbs near Starke, Florida:

  • Auto Accident Lawyers Gainesville,
  • Lakeside Auto Accident Attorneys,
  • Orange Park Auto Accident Attorneys,
  • Palatka Auto Accident Attorneys,
  • Lake City Auto Accident Attorneys,
  • Palm Valley Auto Accident Attorneys,
  • Saint Augustine, Auto Accident Attorneys,
  • Jacksonville Beach Auto Accident Lawyers,
  • Atlantic Beach Auto Accident Lawyers,
  • Ocala Auto Accident Lawyers,
  • Palm Coast Auto Accident Lawyers and ,
  • Fernandina Beach Auto Accident Lawyers,

The center of each of these  cities  listed is within 64 miles of Starke, FL.

Injured In A Car Accident?

Have you or a loved one suffered a serious injury or death as a result of a car accident in one of these local cities? The Accident Lawyers  of Free Legal Shield are here for you. Call now  for your free consultation. Our caring and experienced injury lawyers will do everything they  can to help you recover the compensation you deserve for your injuries.

We Can Help

Auto accident lawyers,

Truck accident lawyers,

Motorcycle accident lawyers,

Pedestrian injury lawyers

Experienced lawyers for all accident injury and wrongful death cases

Florida Unpaid Wages Lawyer, Unpaid Overtime, Wage and Hour Claims

As a worker in Florida you deserve to get paid your fair wages and overtime pay. If you have been denied your wages you may have a wage and hour claim against your employer.

Are You Entitled By Law To Thousands of Dollars In Unpaid Wages And Overtime? Can you get  a monetary award for additional damages? Learn Your Rights.

Free Legal Shield wage and hour claim  lawyers help employees  like you obtain the unpaid wages, overtime, and other benefits to which you   are entitled. and have earned. Call us  to learn about any potential claim for overtime or unpaid wages you may have.

Your Rights To a Fair Wage and Overtime Pay

Florida follows the Federal law. Overtime pay of time and a half is required for all non-exempt employees for hours worked over 40 during a workweek.

Florida Minimum Wage

As of January 1, 2009, Florida’s minimum wage was $7.21.  Effective July 24, 2009, Florida’s minimum wage increased, along with the Federal minimum wage, to $7.25 per hour. Additionally, each year, Florida’s minimum wage is subject to annual increases based on inflation.

Florida law gives employers a $3.02 per hour tip credit against the hourly minimum wage for tipped employees.

If you believe you have been denied your fair wages and over time contact Free Legal Shield today

Wage and hour claims lawyers ready to help you


Wage and hour claims:Attorneys who cover Boca Raton, Delray Beach,  Palm Beach County

 

Attorneys who cover Orlando, Winter Park, Winterhaven, Kissimmee,Ocala,Atlamonte Springs,Deland,Melbourne, Daytona. Orange,Osceola,Seminole,Lake,Volusia, Polk , Brevard Counties

Attorneys who cover: Lake Worth, West Palm Beach, Jupiter, Stuart,Port St Lucie, Okeechobee, Belle Glade, Vero Beach, Palm Bay Palm Beach, Martin, St Lucie and Indian River counties

Attorneys who cover Miami, Hialeah, Miami Beach, Florida Keys including all of Dade and Monroe counties

Attorneys who cover Hollywood,Fort Lauderdale,Pompano, Deerfield Beach, Coral Springs and all of Broward County

Attorneys who cover Tampa, Brandon, Clearwater, St Pete, New Port Richey, Brooksville, Sarasota, Naple, Venice, Bradenton, Fort Myers, Cape Coral and all of Hernanado, Citrus, Pasco, Pinnellas, Hillsboro, Sarasota, Manatee, Lee and Collier counties.

Attorneys who cover  Jacksonville, Jacksonville Beach, St. Augustine, Orange Park all of Northeast Florida including Marion Sumter, Flager and Duval counties. Also Attorneys who cover Northwest Florida including: Tallahassee, Pensacola, Panama City and Starke.

 

 

 

 

 

 

 

Ft Lauderdale Unpaid wages, Unpaid Overtime Lawyers

Unpaid Wages, Unpaid Overtime Lawyers Ft Lauderdale

The working  people of Ft Lauderdale  deserve a fair wage and to be paid according to their employment agreement and federal and Florida state wage laws.

Employers may withhold wages or refuse to pay overtime. It can be extremely difficult to push the point on your own especially when you fear you will be fired.  When  you need a legal team on your side, the wage and hour claim lawyers of Free Legal Shield can help. If you work more than forty hours per week, you must receive time-and-a-half of your wages. However, there are many positions and employers that are not covered by overtime requirements, and just because you receive a salary does not automtically prevent you from receiving overtime pay. If you even think that you are owed overtime pay, you need to consult  with an experienced wage and hour claim lawyer to see whether or not you are owed overtime. Remeber,   every day that goes by could be a day of overtime pay that you lose. I am sure you could use the extra income.

The wage and hour claim lawyers of Free Legal Shield  will go to bat for you  to obtain the recovery of liquidated or double damages. The law mandates these  penalties be paid by companies  for willful or intentional violation of the  wage and hour claim laws.
Free Legal Shield means just that. We handle a wide range of wage disputes, including claims for on a contingency basis which means no out of pocket cost to you.

We can help with witholding of:

  •     Commissions
  •     Bonuses
  •     Overtime pay
  •     Vacation pay    
  •     Paid time off
  •     Travel time
  •     Compensatory (comp) time
  •     Payroll deductions

Free Legal Shield Lawyers represent employees who have suffered retaliation for asserting their rights under state and federal wage laws.

Breast Implant lawyers accepting Dow Corning Breast Implant Cases

If you have filed and registered with Dow Corning regarding your Breast Implant Settlement Claim and need help you have found the right place. Dow Corning breast Implant lawyers are still helpling women with Dow Corning claims. To get help with your claim call 1 877 522-2123 today.

Breast Implant Information

Breast implants are medical devices implanted under breast tissue or under the chest muscle for the purpose of:

    Reconstruction done in patients who have had a mastectomy to remove the breast when breast cancer is present
    Augmentation, a cosmetic procedure to enlarge the breasts
    Revision surgery, done when either reconstruction or augmentation surgery needs to be revised due to problems resulting from the original operation

There are two main types of breast implants:

    Saline-filled implants
    Silicone gel-filled implants

Various breast implants differ in profile, size, and texture of the shell surface.
Saline-Filled Breast Implants

Saline-filled breast implants are silicone shells into which saline is prefilled before surgery or filled with saline during surgery. They are approved for:

    Reconstruction or revision reconstruction following breast cancer surgery for women of any age
    Augmentation or revision surgery in a women 18 years old or older

These implants are made by Mentor and Allergan (formerly Inamed).
Silicone Gel-Filled Implants

Silicone gel-filled implants are silicone shells prefilled (before surgery) with silicone gel. They are approved for:

    Reconstruction (both primary and revision) for women of any age
    Augmentation (both primary and revision) for women 22 years of age and older

Implants are not done for women younger than 18 (saline) or 22 (silicone gel) because the breasts are still developing at a young age.
ALCL Cancer Detection

Anaplastic Large Cell Lymphoma (ALCL) is not breast cancer. It is not cancer found in breast tissue cells. Rather, in women diagnosed with ALCL near implants, it is cancer found in fluid that surrounds the implant or is contained within fibrous scar tissue (not breast cancer tissue) that often develops around a breast implant.

ALCL, according to the National Cancer Institute, is a rare malignant tumor (non-Hodgkin's Lymphoma) that can show up in several parts of the body, including:

    Lymph nodes
    Skin
    Bones
    Soft tissue
    Lungs
    Liver

It is a cancer of the cells of the immune system.
ALCL Cancer Detection Due to Breast Implants

Data are lacking to determine if there is a link between ALCL and breast implants. The U.S. Food and Drug Administration (FDA) conducted a review of the scientific literature published between January 1997 and May 2010. It found 34 women in the United States and 26 cases elsewhere to reach a total of 60 cases worldwide. This is out of hundreds of millions of breast implant patients.

The FDA, which is planning to conduct more studies, concluded:

"Based on all evidence available to us at this time, the FDA believes that women with breast implants may have a very low but increased risk of developing ALCL."

Breast Implants: Saline and Silicone Gel-Filled
Complications of Breast Implants

Many complications from breast implants are possible. The complications may affect women with either saline-filled or silicone gel-filled implants. Some might require surgical or nonsurgical treatments or removal of the implants.

The most common complications that occur locally in patients with breast implants are:

    Contracture — Scar tissue normally forms around the breast implant. If this scar tissue contracts, it tightens around and squeezes the implant, possibly leading to discomfort and disfigurement.
    Rupture and deflation — It is possible for the casing of the implant to rupture and for the material inside to leak out, leading to deflation of the implant.

Capsular contracture has been defined according to four grades of severity. They are:

    Grade I — the breast is normally soft and looks natural
    Grade II — the breast is a little firm but looks normal
    Grade III — the breast is firm and looks abnormal
    Grade IV — the breast is hard, painful, and looks abnormal

Among the many complications that can affect implants are:

    Asymmetry (breasts are of different sizes or shapes)
    Pain
    Atrophy of the tissue
    Calcium deposits
    Chest wall deformity
    Delayed healing of the surgical area
    Extrusion of the material through the implant casing
    Galactorrhea — milk flow
    Granuloma — small area of inflammation
    Bruising or redness
    Infection, including toxic shock syndrome
    Tissue death
    Palpability or visibility of the implant
    Scarring
    Seroma or collection of fluid
    Wrinkling or rippling

ALCL and Breast Implants

ALCL or anaplastic large cell lymphoma is an immune system cancer that is in the group of non-Hodgkin's lymphomas. It is a very rare disease in both women and men. In women, the National Cancer Institute ALCL statistics estimate that it occurs in about 1 in 500,000 women annually in the U.S. In women with breast implants, the occurrence is even more rare — 3 in 100 million.

ALCL is not breast cancer when it occurs in the breast. That is, the cancer cells are not in the breast tissue, but in cells between the breast tissue and the implant. The National Cancer Institute defines ALCL as a rare type of malignant tumor of the non-Hodgkin's lymphoma type. It can occur in different parts of the body including the lymph nodes, skin, bones, soft tissue, lungs or liver. Depending upon the type of ALCL, it is treated either with chemotherapy or radiation

Breast Implant and ALCL Statistics

Women who have breast augmentation (not reconstruction following a mastectomy) number in the hundreds of thousands in the United States.

    Breast implant statistics gathered by the American Society of Plastic Surgery for 2009 include:
    Breast augmentation procedures done in 2009 — 289,328
    Breast augmentation done in 2000 — 212,500
    Percent difference between 2000 and 2009 — 36 percent
    2009 amount of money spent on breast augmentation surgery — $963,839,020

Breast augmentation by age:

    13-19 years old — 8,199
    20-29 years old — 86,525
    30-39 years old — 103,738
    40 years and older — 80,668

Breast Augmentation by U.S. Location in 2009

The number of breast implants done in 2009 in various locations around the country were:

    Region 1 — New England and Middle Atlantic: 41,420 (14 percent of U.S.)
    Region 2 — East North Central and West North Central: 47,476 (16 percent of U.S.)
    Region 3 — South Atlantic: 45,166 (16 percent of U.S.)
    Region 4 — East South Central and West South Central: 47,614 (16 percent of U.S.)
    Region 5 — Mountain and Pacific107, 652 (37 percent of U.S.)

Women With Breast Implants Who Experience ALCL Symptoms

ALCL (anaplastic large cell lymphoma) is a rare type of non-Hodgkin's lymphoma, a cancer of the immune system. The number of women who get ALCL is about one in 500,000 each year in the United States. The number of women who have breast implants and get ALCL each year in the U.S. is about three in 100 million.
Signs and Symptoms of ALCL

The main symptoms of ALCL in women who have breast implants are persistent swelling and pain in the area near the implant. These symptoms often do not appear until long after the surgery to have the implant, often years later.

The way to diagnose ALCL in women who have symptoms is to do a biopsy of the fluid or scar tissue surrounding the implant. Both form during the healing process.

Because ALCL is very rare, it usually is found unexpectedly in women who have revision surgery for their implants. It is not known as yet which type of implants, saline-filled versus silicone gel-filled, are more likely to be associated with ALCL.

The U.S. Food and Drug Administration (FDA) is recommending that women with breast implants but no symptoms should in general keep their implants, because the number of cases of ALCL is so small. The agency recommends that healthcare professionals should:

    Report any cases of ALCL to Medwatch, the FDA safety information and adverse event reporting program. Reports can be made online or by telephone at 1-800-332-1088
    Consider a patient might have ALCL when she has late onset, persistent fluid around the implant, then have the fluid and scar tissue biopsied for disease

Women with implants should:

    Continue their regular medical care
    Monitor their breast implants and see their doctor if they have pain, swelling, or any changes around the implants
    Understand that ALCL is very rare and is not breast cancer, but a cancer that grows between the implant and the breast tissue

Breast Implants and ALCL Lawsuits

Have you had a breast implant — either saline or silicone gel-filled — and then been diagnosed with anaplastic large cell lymphoma (ALCL)? If so, you should contact a breast implant lawyer to find out what your legal options are.
Contact an ALCL Breast Implant Lawyer

A qualified lawyer can discuss your individual situation to determine if you have legitimate grounds for a lawsuit. At this time, it is unclear if there is a link between ALCL and breast implants. The numbers of women who get this rare cancer are too small to make a determination. But, it is possible there is a link.

It is in your best interest to contact a lawyer to discuss your options.
What Types of Implants Are There?

There are two types of breast implants, depending upon what they are filled with. The two kinds of implants are:

    Saline-filled
    Silicone-gel filled

It still is unknown if one type or the other has a stronger association with ALCL. The U.S. Food and Drug Administration (FDA) is establishing a registry to keep track of cases of ALCL in women with breast implants to gather enough data to determine if there is a relationship between the rare cancer and breast implants.
What is ALCL?

ALCL is a rare type of non-Hodgkin's lymphoma, a cancer of the immune system. According to National Cancer Institute ALCL statistics, about one woman in 500,000 is diagnosed per year with ALCL. The number of women diagnosed with ALCL in the U.S. each year who have breast implants is three women per 100 million women.

The National Cancer Institute defines ALCL as a rare malignant tumor of the non-Hodgkin's lymphoma type) that can appear in a number of places in the body. These include:

    Lymph nodes
    Skin
    Bones
    Soft tissue
    Lungs
    Liver

The primary symptoms of ALCL in women with breast implants are pain or swelling near the breast implant. These symptoms often occur long after the surgical implant operation has occurred, frequently years later.
Is ALCL Breast Cancer?

It is important to know that ACLC in women with breast implants is not breast cancer. That is, it is not cancer of the breast tissue, but cancer that appears between the implant and breast tissue in liquid that has accumulated around the implant or in scar tissue that has formed around it.

Breast Implants and Anaplastic Large Cell Lymphoma (ALCL)

The U.S. Food and Drug Administration (FDA) has reported a possible link between breast implants and anaplastic large cell lymphoma (ALCL). If you have breast implants and develop ALCL, contact us for legal help. We may be able to help you collect financial compensation.
What is ALCL (Anaplastic Large Cell Lymphoma)?

ALCL is a type of non-Hodgkin's lymphoma (NHL). It is a cancer of the immune system. ALCL is a rare disease that comes in two forms:

    ALCL that affects the lymph nodes and organs
    Cutaneous (skin) ALCL

The primary systemic type of ALCL affects children and adults, but it is relatively rare in adults. ALCL occurs in only two to three percent of adults diagnosed with NHL every year. ALCL in children, however, occurs in ten to thirty percent of all childhood NHL.
Breast Implant ALCL Symptoms

In the primary systemic type, the first symptom most patients experience is enlarged lymph nodes. On rare occasions, the disease occurs in the intestines and bones without affecting the lymph nodes. The disease is diagnosed by taking a biopsy from the affected lymph node or organ. After the diagnosis is confirmed, the pathologist tests for the stage of the disease.

In patients with ALCL of the cutaneous type, the disease mainly involves the skin. This is a relatively rare condition that affects mostly older adults. The first symptoms patients will notice are swellings or sores on the skin. A skin biopsy confirms the diagnosis.

Depending upon the type and location of the ALCL, treatment may be chemotherapy or radiation therapy. Some cases of ALCL of the skin may disappear on its own.
Anaplastic Large Cell Lymphoma and Breast Implants

ALCL has been found to occur in a few rare instances in patients who have breast implants. The diseased cells are adjacent to but not in the breast tissue. Therefore, this is not a form of breast cancer. The occurrence of ALCL is three in approximately 100 million women.

At present the numbers are too small to say that the breast implants causes ALCL, but the U.S. Food and Drug Administration is establishing a registry to begin to track the occurrence of the disease in women with breast implants so that data can be accumulated to enable a better understanding of the relationship between the disease and breast implants

When Do I Need a Social Security Disability lawyer ?

A Social Security Disability Lawyer Can Help  You

As is the case with any government process, legal intervention can make the critical difference between success and failure. A social Security Disability lawyer  familiar with the Social Security benefits process can protect you and  protect your rights to your social security disability claim.

if  you are disabled and unable to work, you must  initiate a claim for Social Security disability, or ssi based on disability, and get it filed immediately. A social security disability lawyer can help.  Disability claims often take a very long time to process. Waiting so long and getting disapproved  can be very stressful. It is the exception that gets processed quickly, the first time around. An experienced Social Security disability lawyer will help you avoid pitfalls created by filing too late and being denied your claim. Many  claimants are denied do to very simple errors and just lack of knowledge of the SSD system. Your  Social Security disability lawyer will  keep you out of trouble. Thousands of people with disabilites are waiting months to get through an appeal of their denied disability case.

Claimants with mental disorders living with family members are most likely to be improperly denied by Social Security Administration adjudicators. A social Security disability lawyer can help you thru this process. It is critically important for family members or other caregivers to provide your lawyer with as detailed information as possible about specific tasks you can or cannot do.

If you have a physical illness or mental condition that is expected to prevent you from working for at least a year or that will result in your death, you may be eligible for social security disability benefits. Many cases of toxic exposure fall inot this category. If you do not present a strong case you could have your claim denied. You may be rejected because you did not file properly.  About 70% of initial social security disability claims get rejected.  That  is why you  should hire a competent social security disability lawyer.

Look for a social security disability lawyer who is experienced in handling all types of disability cases. You obviously want a lawyer who is knowledgeable about the social security system and understands what it takes to win social security disability benefits for their client. The fact is, if you're applying for social security disability benefits, you are already dealing with enough issues and taking on filing a Social Security disability claim may just be too overwhelming. A social security disability lawyer will  do everything for you as they guide and advise you every step of the way. It is imperative that you have this support and assistence.

 

Application

When you decide to pursue getting benefits you need to fill out the initial application. This can be done by phone, in person, or online. You must fill out an application and acquire medical records. A good social security disability lawyer will develop your claim based upon your work history, age, impairments, and how you reached the point of being unable to work. They will also assist in obtaining the medical evidence necessary to support your claim.

The finished application is then sent to Disability Determination Services (DDS). This is where your initial claim will be reviewed, not at your local Social Security Administration office. Again about 60 to 70% of these initial claims are rejected. If your claim is rejected, your social security disability lawyer will help with the appeal. This is much better then attempting to go it alone where the disability claims interview lasts about one hour.

 

Reconsideration

You and your SSD lawyer  will have 60 days to request having your file reviewed again. This is called Reconsideration. Your social security disability lawyer will handle this request for you. During "Reconsideration" your claim is reviewed again by the Disability Determination Services (DDS). Unfortunately, the chances of a successful review are very slim. At this point many folks just give up. Don't! The next step is a hearing. It is important and a must to have a disability lawyer for theis process.

 

Appeal/Hearing

Social Security  hopes that every decision they make  about your Social Security or Supplemental Security Income (SSI) claim is correct. But, somtimes  decisions are made that are not in your favor. That is waht a social security disability lawyer is for.  A social security disability lawyer will carefully  review all  the information in your case  and help to overturn  decisions that affect your eligibility or your benefit amount.

When a decision is made  on your claim,  you will be sent  a letter explaining  the decision. If you do not agree with the decision, you can appea it with the help of a sicial security disability lawyer. and   to have them  look at your case again.

When you ask for an appeal, we will look at the entire decision, even those parts that were in your favor. If our decision was wrong, we will change it.

You have 60 days to request a hearing. If at this point you still don't have a social security disability lawyer, we strongly recommended that you have one for this hearing. Most claims are won at an administrative hearing,

The hearing will have an Administrative Law Judge who will decide whether or not you will be awarded benefits. The wait time to get this hearing may vary greatly, but it may take over a year to finally have a hearing scheduled. It would be a shame to not be fully prepared, and going to this hearing without a social security disability lawyer would greatly reduce your chances of successfully winning.

A social security disability lawyer will prepare your whole case and prep you before the hearing where the judge will ask you a number of questions. Using an experienced social security disability lawyer who is familiar with the presiding judge is to your advantage because your lawyer can prepare you for the questions that your specific judge is most likely to ask. One thing that many people don't realize is that the files the judge now has will be outdated since a number of months have passed from the initial application. When you request a hearing your file is transferred to the Office of Hearings without any updated information. If you are represented by a social security disability lawyer, he/she will be sure to supply all updated records, as well as get written supporting statements from your healthcare providers to be presented at the time of your hearing.

If you have just hired a social security disability attorney at this stage, he/she will look over your file, see why you have been declined in the previous stages, and then create a strategy that presents your story in the most compelling way. Those folks who choose not to have legal representation still have the opportunity to look over their file, but may not understand most of it or know how to best present their case before the Administrative Law Judge.

There are still legal options available if your application is again declined. If your social security disability lawyer feels that there was some error on the judge's part he/she may appeal to the Appeals Council. If the appeal is accepted, the council will review your claim and either overturn the decision or return it to the original judge. If denied you may still appeal to Federal Court in which case your social security disability lawyer will file a petition.

As you can see from this description of the process for filing and appealing for social security disability benefits, there are many situations along the way where having expert legal advice would be to your benefit.

There really are no disadvantages to hiring a competent social security disability lawyer. A lawyer will be motivated in helping you since he/she only charges if you win and receive benefits. Therefore, you should not dismiss the idea of hiring a social security disability lawyer for financial reasons.

For many people the best advice is to seek representation from the start of the process. Without the proper guidance you can unknowingly be hurting your case. A social security disability attorney will take care of everything for you as far as paperwork, filing, research, and personal prepping for a hearing before a judge. In addition your lawyer will make sure that you meet all the deadlines and check to make sure your files are received. Your social security disability attorney is your guide making the whole social security disability process much simpler for you. And once your claim is accepted, your social security disability lawyer will make sure you receive the proper payment from the Social Security Administration.

Contact free legal shield for a free social security disability lawyer.

Statute of Limitations by State, Lawyers Filing Lawsuits

Statute of Limitations By State

There is a limited amount of time one has to file a lawsuit before he/she is barred forever from recovering any money for personal injuries. This amount of time varies from state to state based upon whatever time each State Legislature sets and usually starts running from the date of the injury. Below are the time limits for all of the 50 states plus the District of Columbia.

This is offered as a community Service and should not take the place to confirm whether or not you have a case by contacting an injury lawyer.

STATUTE OF LIMITATIONS BY STATE

State
Time to File
Alabama
2 years
Alaska
2 years
Arizona
2 years
Arkansas
2 years
California
2 years
Colorado
2 years
Connecticut
2 years
Delaware
2 years
District of Columbia
3 years
Florida
4 years
Georgia
2 years
Hawaii
2 years
Idaho
2 years
Illinois
2 years
Indiana
2 years
Iowa
2 years
Kansas
2 years
Kentucky
1 year
Louisiana
1 year
Maine
6 years
Maryland
3 years
Massachusetts
3 years
Michigan
3 years
Minnesota
2 years
Mississippi
3 years
Missouri
5 years
Montana
3 years
Nebraska
4 years
Nevada
2 years
New Hampshire
3 years
New Jersey
2 years
New Mexico
3 years
New York
3 years
North Carolina
3 years
North Dakota
6 years
Ohio
2 years
Oklahoma
2 years
Oregon
2 years
Pennsylvania
2 years
Rhode Island
3 years
South Carolina
3 years
South Dakota
3 years
Tennessee
1 year
Texas
2 years
Utah
4 years
Vermont
3 years
Virginia
2 years
Washington
3 years
West Virginia
2 years
Wisconsin
3 years
Wyoming
4 years

 

Your Legal Source

For a lawyer dial 1 800 733-5342. The information under What kind of Injury lawyer Your legal source is to help you understand what kind of injury lawyer you may need. All Injury lawyers work on a contingency basis. There are different kinds of injury lawyers for different kinds of injuries. The injury lawyer definitions are provided as a legal resource for you to help you understand injury law.

According to Wikepedia, Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.[1] The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another,

Learn About the Law

Learn about the law is a resource guide offered by Free Legal Shield.  To learn about the law is half the battle in choosing a lawyer.

Ninety-five percent of all personal injury claims are resolved before trial thru negotiations between your lawyer and the insurance company. Experienced lawyers know that the best way to settle a case is to prepare it for trial. In order to do this, attorneys for both parties follow a heavily scripted process in which documents are exchanged, questions are posed, witnesses, including experts, are disclosed, depositions are conducted, and evidence is gathered to build a strong case. This process can be divided into the following categories: the filing of pleadings, the discovery process, the pretrial, conference and the trial. Your lawyer will handle this.

A. PLEADINGS

Pleadings include a variety of legal documents that state and/or allege the opinions, positions, damages, injuries or theories of law of a party to a lawsuit that are filed with the court. The most common pleadings are:

1. Complaint: A lawsuit is initiated by a lawyer when you, or petitioner, serves the initial complaint on the defendant, or respondent. A complaint sets forth the basic elements of a case including what happened and the injuries and damages incurred. It also describes the plaintiff’s allegations of why the defendant is responsible for the plaintiff’s injuries and damages.

2. Answer: The defendant’s attorney has a prescribed amount of time to respond to the plaintiff’s complain in the form of the answer. This is the document where the defendant admits, denies or alleges insufficient information to respond to each allegation of the plaintiff’s complaint.

3. Special Defenses: These are filed with the answer. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff’s injuries were caused by his/her own negligence or that the plaintiff’s claim is barred by the applicable statute of limitations and are defenses to the plaintiff’s claim of action.

4. Counterclaims: If the defendant feels that s/he has a claim against the plaintiff then this claim is filed along with the answer and is known as a counterclaim.

5. Claim for Jury Trial List: This is the point at which the plaintiff acknowledges s/he is ready for trial and advises the court of this fact.

B. DISCOVERY

Typically, discovery is the process by which attorneys for both sides “discover” all of the facts, witnesses and testimony regarding the case. During the discovery process, attorneys for both parties share information about the lawsuit. This process is accomplished through written and verbal questioning as well as through the production of documents and physical examinations. In the majority of personal injury cases, the information gathered will help to convince the parties to reach some sort of out-of-court settlement instead of going through the long, drawn-out process of a trial. There are multiple ways in which attorneys gather evidence:

1. Interrogatories: Interrogatories are written questions sent from one attorney to the other party to be answered to the best of their ability. These questions are answered under oath and must be sent back within a certain amount of time.

2. Request for Production: This document is sent from one attorney to the opposing attorney requesting that documents, pictures, bills, records, reports or other forms of evidence be produced and made available to opposing counsel.

3. Requests for Admission: Parties are permitted to require the other side to admit to certain facts under oath. Requests for admission must be answered under oath within a short time period or will be deemed to be admitted by the other side. These admissions are useful to prove obvious facts so it will not be necessary at trial to introduce additional evidence to prove these already admitted facts.

4. Depositions: Along with written discovery, oral questions may be asked of the parties involved. This takes place out of court and in the form of a deposition, in which the plaintiff, the defendant, a witness, or another person involved in the case is examined and cross-examined by the opposing attorneys, under oath. Depositions allow attorneys to find out what witnesses are going to say in court and their answers can be used to refute, impeach or discredit this witness. Attorneys will often call for the disclosure of the opposing counsel’s expert witnesses so they can be deposed before the beginning of a trial.

5. Independent Medical Examination (IME): In a personal injury case, an important part of a plaintiff’s case will be the testimony of the medical professional(s) who treated him/her. It is this evidence that tells the jury what injuries the plaintiff suffered, how they were incurred, and, in the expert opinion of the medical professional, if those injuries were causally related to the accident involving the parties. The defendant’s insurance carrier will often require that the plaintiff be examined by a doctor of their choosing. This is seen as a chance to refute, discredit, or down play the injuries that the plaintiff’s treating physician indicates the plaintiff suffered and to tarnish the credibility of said physician.

C. THE PRETRIAL CONFERENCE

A pretrial conference is held in private, usually in the judge’s chambers, with the trial judge and opposing counsel. There are several different objectives that can be accomplished during one of these conferences. A status conference, for example, occurs after all pleadings have been filed and is used by the judge to manage upcoming events. For instance, the judge may set dates for further pretrial conferences or set a tentative trial schedule.

A judge may also use the pretrial process to encourage settlement of the matter by acting as an arbitrator who attempts to move both parties closer to an acceptable settlement figure. Generally speaking, a pretrial judge will not serve as the trial judge because of his/her knowledge and involvement in the settlement process. Pretrials are also a forum where the opposing counsel and judge can discuss the case and agree on undisputed facts, or stipulations or can argue disputed issues. These stipulations benefit attorneys because they no longer have to be determined in the trial and might move the case and the attorneys closer to a settlement.

D. THE TRIAL

If the parties cannot settle their case after a pretrial, a judge will set the case down for a trial date. The trial process attempts to ensure that both the plaintiff and defendant receive a fair trial.

The first step in any jury trial is to pick the jury! The selection process, known as voir dire, occurs in the courthouse sometimes before the judge and always with opposing counsel. The attorneys will advise the jury pool of the lawyers they practice with and their potential witnesses to see if anyone has had any prior knowledge or experience with any of those parties. The attorneys, after determining if there are any conflicts regarding witnesses, will then ask the jurors questions in order to ascertain whether they can serve as unbiased interpreters of the facts.

Each attorney has a number of preemptive challenges where a potential juror can be removed from a case without cause. Additionally, each attorney can seek to have a juror removed for cause, which must be decided by the judge.

Once a jury of six is selected, the trial will begin with the opening statements of each side. The attorneys for the plaintiff and defendant use these statements in order to outline their case and theories of law to the jury.

Following the opening statements, the plaintiff’s attorney will call his/her witnesses and introduce evidence. The defendant’s counsel has the opportunity to cross-examine every witness that the plaintiff calls. The plaintiff then may have a chance to conduct a re-direct, followed by the defense’s opportunity for a re-cross.

After the plaintiff calls all of his/her witnesses, counsel for the defendant may move for a directed verdict. This is where the defendant alleges that the evidence and testimony the plaintiff provided has not proved his/her case by the “preponderance of the evidence.” If the judge agrees with the defendant, then the case is decided in the defendant’s favor. Normally, though, this is not the case, and the defendant then has the opportunity to present evidence. This process is very similar to the presentation of the plaintiff’s case. After the defense rests the plaintiff has the ability to call rebuttal witnesses and present rebuttal evidence that refutes or discredits witnesses or evidence presented by the defendant.

After the parties have rested, opposing counsel give their closing arguments. Closing arguments allow the attorneys to review the evidence that was presented to refocus the jury on their version of the case. The plaintiff’s attorney gives his/her summation first, followed by the defendant’s attorney. The plaintiff’s attorney then has the opportunity to give a rebuttal closing argument after the defense’s.

Following closing arguments, the judge will provide the jury with his/her instructions for deliberation. The judge will tell the jurors to base their judgment solely on the evidence provided and the relevant laws to the case. These instructions are referred to as jury charges. Attorneys may request that specific charges be given to the jurors but the eventual decision as to what charges to utilize is left to the judge. When the jury has reached a verdict, it is announced to the court. The judge may accept, reject, or modify the verdict based on his/her interpretation of the case, at which point a judgment is entered.

It is very important to utilize the services of an experienced attorney to help the value of your case.

The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.

Cancer Misdiagnosis

Failure To Diagnose Or Delay In Diagnosing Cancer

1. What is a failure to diagnose or delay in diagnosing cancer case?

As is the case with many different types of diseases the key to the successful treatment of cancer is early diagnosis.

In many instances, people are diagnosed with cancer only after it has been present for a long period of time and has become advanced and usually results in death.

2. What are some of the causes resulting in failure to diagnoses or delaying to diagnose cancer?

Many different types of medical mistakes can lead to a delay in diagnosing cancer. Some of those causes may result form the following:

  • A doctor fails to understand or realize the importance of the patient's complaints;
  • A doctor fails to order the proper tests and/or improperly reads the results of the tests; or
  • A doctor fails to refer the patient to a specialist in a timely manner.

3. What should I do if I suspect that a doctor has not properly diagnosed cancer?

It is extremely important to have an experienced medical malpractice attorney who has expertise in the handling and presentation of misdiagnosis cases.

An attorney should be contacted immediately if one suspects that an improper diagnosis of cancer has taken place.

4. How do I go about getting experts to help me with my case?

Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

If you suspect that a doctor has not properly diagnosed cancer for you or anyone in your family, please use our online form and tell us about your case.

Products Liability

1. What is a products liability case?

Products liability cases can involve a great number of situations and circumstances. Some examples of products liability cases may include:

  • The purchaser of a new product is injured when the product malfunctions and causes an injury;
  • A child is injured by a defective or poorly designed or unsafe toy;
  • A person is injured in a diving accident where the pool does not have a sign warning users of the danger of diving into it;
  • A poorly designed infant sear comes loose and injuries an infant; or
  • A child is born with birth defects after the child's mother took prescription medication.

2. What should I do if I am injured by a defective or unsafe product?

You should save the defective or unsafe product and keep it in a safe place. It may be necessary to have an expert study and report on his or her findings regarding the defective or unsafe product.

You should also keep any and all paperwork related to the product (i.e. sales receipt, any instructions or directions and any other documentation related to the product).

3. How do I know if I have a products liability case?

Almost any serious injury or death related to the use of a defective product might justify an award of money damages from the company which is responsible for making or selling the product.

4. How do I go about getting experts to help me with my case?

It is very important to have an experienced products liability attorney who has expertise in the handling and presentation of products liability cases. Your attorney will be able to suggest a team of experts that can range from private investigators to engineers to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

6. What can happen if I bring a products liability case?

A products liability case brought successfully on behalf of a victim not only can produce substantial money damages, but can have the desired social effect of causing legislation to be enacted establishing standards for safer products, causing manufacturers to make their products safer or even causing them to remove unsafe products fro the market.

CLAIMS ADJUSTERS AND WHY IT IS IMPORTANT TO HIRE A LAWYER

Insurance company claims adjusters are professional negotiators who have extensive experience in dealing with claimants who are not represented by attorneys. These adjusters use an array of techniques that include intimidation, befriending you and a number of other psychological methods designed to get you to accept the least amount of money possible for your claim.

Claims adjusters know that if they can keep the injured party negotiating there is a very great chance that a favorable settlement will be obtained in favor of the insurance company. Claims adjusters know that in almost every case an injured party will not file a lawsuit on his or her own because they do not possess the required level of skill, expertise or experience and therefore the only option they feel they might have is to obtain some type of settlement from the insurance company.

In many instances, claims adjusters will dissuade and discourage injured parties from hiring a lawyer by telling them that lawyer’s fee will cost a great deal of money leading the claimant to believe why pay a lawyer to do something he can do for himself.

Studies have shown that experienced lawyers can negotiate settlements and/or obtain verdicts that are many times higher than what the injured parties can negotiate for themselves. In other words, in most cases you will make out better after paying the lawyer than you would if you did not hire a lawyer and negotiated your own settlement.

If you have a serious injury, wrongful death or medical malpractice case, you should always contact us so we can find you an experienced lawyer before dealing with the other party’s insurance company to avoid creating problems for yourself.

In addition to the above considerations, there are a great number of complicated issues that arise in a personal injury or medical malpractice case. These different legal issues are fraught with potential problems and can sometimes be the subject of a malpractice action against an attorney who improperly handles a case.

1. STATUES OF LIMITATIONS

The statute of limitation (sometimes call statutes of repose or other similar names) is the time period specified by law within which an action must be filed. If you do not file within the applicable statute of limitations period your claim would be subject to dismissal that would prevent you from pursuing the claim regardless of the merit of the case.

Statute of limitations dates vary from state to state. Some states provide that the action be filed within the applicable time period from the date of the injury while other states allow for a tolling or extension of the filing period from the date of discovery of the injury.

Certain states allow for a tolling of the statute of limitations if the person is incompetent or is a minor until the person becomes competent or reaches their majority, under certain circumstances.

2. NOTICE PROVISIONS

There are also certain notice provisions that have very short limitation periods that deal with such issues as state, local or federal governmental entities. In certain circumstances, if you do not comply with the statutory notice provisions you might be precluded from filing a lawsuit even though it was filed within the applicable statute of limitations period.

The statute of limitations in any particular case may be somewhat difficult to calculate because a claim may involve different causes of action against different defendants. Once you miscalculate when the statute has run or if you fail to properly provide statutory notice you claim may be forever barred despite the validity of the claim or the extent of your damages.

3. JOINT AND SEVERAL LIABILITY

The doctrine of joint and several liability holds that when a number of defendants who engaged in separate and independent acts of negligence that combined to cause a single injury are held to be jointly and severally liable. In other words, if one party was 1% at fault and the other parties were 99% at fault, the party who was 1% at fault could be responsible for 100% of the damages suffered by the injured party.

The law of joint and several liability varies from state to state and a number of states have somewhat complicated variations or modifications of this rule.

4. VICARIOUS LIABILITY

Vicarious liability deals with the ability to hold institutions or companies liable for the acts of their non-employees. For example, in some states a hospital may be liable for the negligence of a physician acknowledged to be an independent contractor while in other states hospitals may not be liable for the acts of non-employee members of the medical staff.

5. EXPERT TESTIMONY

In certain states, a plaintiff in a medical malpractice suit must file a certificate of good faith, or other similar type document, that states that a medical expert has reviewed the file and has determined that there is a good faith basis for a malpractice claim.

6. THRESHOLD LIMITS

In some states, one’s injuries must exceed a minimum threshold of seriousness before being allowed to file suit. Some states define “serious injury” as an injury that results in death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body function or other significant permanent disability.

In other states, your medical bills must exceed a certain dollar figure or you must be out of work for a certain number of days before a person can file suit.

7. DAMAGE CAPS

A growing number of states have placed artificial caps on the amount of money an injured party is able to obtain for his or her injuries. In certain states, this cap applies whether the claim is for an injury or a death.

8. COLLATERAL SOURCE RULE

In certain states, the negligent party is allowed to offer evidence of certain collateral or other payments that the injured party received which would then be used to reduce the award that the responsible party would have to pay.

9. LAST CLEAR CHANCE

This legal theory holds that if a plaintiff has the last opportunity to avoid an accident or injury and fails to do so then that party will be held solely responsible for his/her injuries regardless of the negligence of the person who caused the accident.

10. PRE-JUDGEMENT INTEREST

Certain states allow for the court or jury to provide interest on the award that is made the plaintiff. The interest rates and commencement period for the running of interest vary from state to state.

11. ASSUMPTION OF RISK

This legal doctrine provide that a plaintiff who knowingly and voluntarily exposes himself/herself to a dangerous condition or situation which results in some type of injury may not be entitled to compensation due to the fact that the plaintiff has assumed the risk and agrees to accept the consequences.

12. IMMUNITIES

A number of states provide immunities in specific cases, generally to governmental entities and their employees. Certain states provide for abbreviated notice provisions which mean that you have a much shorter period of time in which to provide a required notice to a governmental agency or employee, that must be made to a state agency or claims commissioner before a claim can be reviewed.

13. CONTRIBUTORY NEGLIGENCE

Certain states follow the doctrine of contributory negligence which states that a plaintiff is prevented from recovering for damages caused by someone else’s negligence if he or she contributed or was in any way responsible for the negligence or injury.

14. COMPARATIVE NEGLIGENCE

Certain states follow the doctrine of comparative negligence which states that a plaintiff’s damages may be reduced if the plaintiff is in any was at fault for the accident. In some states, if the plaintiff is found to be fifty percent at fault for the injury or accident then no damages will be awarded. In other states, regardless of the plaintiff’s percentage fault in the accident, the award will be reduced by the same percentage.

15. OVER TREATMENT

Claims adjusters, in many instances, allege that the injured party over treated for the injuries that he or she sustained as a result of the negligence of another. In yet other instances, the insurance adjuster will claim that excessive tests were ordered or that the injured party was over charged for treatment that he/she received.

This partial list of potentially problematic legal issues is only the tip of the iceberg as far as matters that must be investigated before proceeding with a claim are concerned. If one of these issues is overlooked or not dealt with properly, it could result in very serious negative consequences for your case not the least of which could result in the dismissal of your case without a prospect of recovering anything at any point in time.

The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudiceyour case.

Closed Head Injury

1. What is a closed head injury?

A closed head injury refers to damage caused to the brain from an injury resulting in no visible trauma to the skull.

2. What are the causes of closed head injuries?

Motor vehicle accidents account for the majority of closed head injuries. Other examples of closed head injuries include:

  • Falls; and
  • Sports and recreational accidents.

3. What are the general symptoms of a closed head injury?

Because the types and degrees of closed head injuries are so varied, the general symptoms can be quite different. The physical symptoms can range from inability to remember, difficulty in concentrating, difficulty in understanding and processing information, loss of balance, and loss of sense of time.

4. How do I go about proving the seriousness of my closed head injury?

There are a great number of issues that must be investigated and documented regarding a closed head injury.

It is important to have proper tests done by medical experts to understand the nature and extent of your closed head injury.

It may also be helpful to employ other experts to help develop and explain how your injuries have affected you and how they will affect you for the rest of your life.

5. How do I go about getting experts to help me with my closed head injury case?

It is very important to have an experienced personal attorney who has expertise in the handling and presentation of closed head injury claims. Your attorney will be able to suggest a team of experts that can range from private investigators to psychologists to vocational rehabilitation therapists to economists to help develop your case.

4. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

1. What is a Slip and fall down case?

A fall down case or what is commonly referred to as a slip and fall accident occurs when a person falls through the fault or negligence of another.

2. What are some causes of Slip and fall down cases?

Fall down cases can occur as a result of a great number of situations, some of which may include:

  • A slippery surface;
  • Improper or defective flooring;
  • Objects that extend into the walking area;
  • Poor lighting;
  • Uneven surfaces; or
  • Conditions where a hazard exists and no warnings are posted.

3. Is the owner or tenant of the property liable for your injuries?

The laws of each state set forth certain principles that determine whether or not a property owner and/or tenant are liable. The status of the injured party might be important in determining liability. Was the injured party a business customer, a social guest, a letter carrier or a trespasser?

A general statement that might cover most fall down cases is that the owner or person in charge of the property must exercise reasonable care in the maintenance of their property and has a duty to warn visitors of any dangerous or defective conditions that are known or should be known by them.

4. What should I do if I am involved in a fall down incident?

It is very important to contact an experienced personal injury lawyer who has expertise in the handling and presentation of fall down cases. An experienced personal injury attorney might advise you to:

* Get the names of all of the witnesses to your fall;

* Get photographs of the fall site including the dangerous condition; and

* File a report about the fall.

An experienced personal injury attorney might also hire a private investigator to uncover and develop the supporting evidence and testimony that would be necessary to advance your claim as well as be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

Birth defects and injuries can result from a number of different causes. Some of these injuries may occur during the period when the mother is pregnant with the child and may result from medication or toxins that the mother is exposed to prior to the birth of her child.

Sadly, sometimes an otherwise healthy child is injured during the time of delivery. This may result because an unskilled doctor is unaware of a problem and forces the child out of the birth canal by use of forceps, suction or pulling on the child's head.

Another form of birth defect and injury is what is generally described as traumatic birth injury. This situation occurs in the form of a trauma to the brain during delivery. This condition could be the result of a lack of oxygen to the child's brain during delivery.

If your child's birth defects are the result of a doctor, hospital or other health care provider's negligence, you may be entitled to significant damages.

1. What is a wrongful death case?

A wrongful death case alleges that someone's wrongful conduct results in the death of another.

A surviving dependent or beneficiary of the deceased person could start a case against the person responsible for the death of the deceased. The damages could include physical and mental suffering, loss of earnings, medical and funeral expenses.

The surviving spouse and children may also be able to pursue a wrongful death claim against the responsible party for damages that they incurred as a result of the relative's death.

2. If I have a wrongful death case what should I do?

It is extremely important to have an experienced personal attorney who has expertise in the handling and presentation of a wrongful death case.

It is critical not to do anything that might have a negative affect upon your case. An experienced attorney might advise you not to give any statements or sign any authorizations so it is important to get the advice of an experienced attorney before you do something that could have a negative impact upon your case.

3. How do I go about getting experts to help me with my wrongful death case?

An attorney experienced in wrongful death cases will be able to suggest a team of experts that can range from attorneys, to, depending upon your case, a private investigator, doctors, and economists to help develop your case.

4. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.