Q & A

We spend a lot of time in the beginning of every case seeking to understand your objectives, and also explaining how we work.

We also develop a case plan and initial budget and basically work the case plan. Some of the typical activities include determining what experts we need to hire to assist us in developing the client’s case,  sending out ‘notice of claim’ letters / and or demand letters. 

We also make it a priority to keep our clients informed and involved in their case.

At this point, we do not know and cannot fully answer that question. It is possible that you have a case–however, your situation will have to be evaluated more fully.

In general, in order to succeed in a medical malpractice case, the plaintiff must be able to show that the medical provider did not provide the care that a reasonably prudent  medical provider in the same or similar situation would provide, and that that the medical provider’s action more likely caused the injury that the plaintiff suffers.

It is important to understand that not every bad outcome is the result of medical negligence. Infact, some errors may be within the standard of care. Medical malpractice becomes a factor in situations where there was ‘preventable medical errors’ that led to adverse event.

In order to determine what the standard of care is and whether the healthcare provider deviated from that standard of care, a qualified medical expert would need to provide expert opinion.

As you can see, we cannot definitively say whether you have a case or not — without doing our due diligence because there is so much that goes into answering that question.

If you call our office and provide pertinent details of your case, we are usually able to tell you if we are interested in investigating your case further. As a general matter, we typically only get involved in cases that involve serious or catastrophic injuries or wrongful death.

If you have been seriously injured or a family member died and you suspect foul play or negligence by the physician or hospital, give us a call immediately!

You do not have to worry about paying for our services upfront. Our medical malpractice attorneys do not charge any legal fees upfront because we take on medical negligence cases in Texas, Georgia, Colorado, Alabama, and nationwide, on a contingency basis. We bear the full cost of hiring experts, depositions, and fully litigating the case. We will only recoup our cost from the compensation we secure for you. If you receive no compensation, you will not owe us a cent.

We also make it a point to explain upfront, how we are compensated. Bottom line is: 

NO WIN, NO FEES!

With medical malpractice cases, the damages are typically difficult to quantify because no amount of money can make the plaintiff whole. Setting that aside, there are typically 2 broad categories of damages, 1) non-economic damages, and 2) economic damages.

Non-economic damages, sometimes referred to as damages for ‘pain and suffering’  are those damages that the law cannot quantify. For example, loss of companionship. Economic damages are those damages that the law can quantify–for instance, loss earnings, future medical expenses, etc.

Some states actually place a cap on recovery for non-economic damages. In Texas for instance, there is a non-economic damage cap of $250,000 from all the doctors involved in a medical malpractice case. This means that if you have a case against one or more doctors that does not involve economic damages, the most the plaintiff can recover in Texas is $250,000.

Medical malpractice cases in general are very difficult and technical. Every case is different and presents unique factors. In our firm, we usually evaluate a case by investigating the facts of the case, understanding the medicine, developing our theory of liability and damages, and assessing the possible defenses. To the extent possible, we also look at the jury award or settlement amount for similar cases (recognizing the unique factors that may be at play in our client’s situation).

As a general matter, the best day in court for a plaintiff with a cap case is whatever the cap is. Common sense therefore dictates that the defendant will only be motivated to settle for something less than the cap.

For cases with substantial economic-damages, there is often a huge disparity between what the plaintiff thinks the value of the damages are and what the defendant thinks.

As can be seen from the explanation above, we cannot tell you what the value of your case is without really investigating your case. We are however committed to helping our clients recover the most they can, because although we do not believe that money will undo the damage that has been done to our clients, money is the usually the only measure of justice we can get for our client in these cases.

As a general matter, most medical malpractice cases eventually settle. The U.S. Bureau of Justice estimates that fewer than 10 percent of all medical malpractice cases go to trial. Our medical negligence attorneys prepare every case for trial because we actually build more value for each case by preparing the case for trial–even it the case ultimately settles.

When the defense senses that we are prepared for and ready to go to trial, it usually forces them to more clearly evaluate whether they really want to put their faith in the hands of the jury.

It depends. Medical malpractice cases typically take a long time to resolve and could span a number of years. Our award winning medical malpractice lawyers are aggressive about moving cases along as fast as possible, within the constraints of the legal system.

Some states have a cap on how much a plaintiff can recover for pain and suffering, while some states do not.

In a state that has a cap, the jury may come up with a really big number but the Judge will have to reduce that number to the cap amount.

In a state that does not have a cap, the pain and suffering amount is what the jury determines it to be. As a general matter, the judge and the jury will typically consider the credibility of the parties and witnesses, expert witness testimony, evidence of injury / damages.

NO WIN, NO FEES!

Every state has its own statute of limitation. The general statute of limitation for medical malpractice cases in Texas, Georgia, Alabama, and Colorado is 2 years. 

If you do not reside in Texas, Georgia, Alabama, or Colorado, please contact our office and we will provide you with the statue of limitation for your state. Regardless of where you reside, if your case involves a minor child, contact us for additional clarification as most states have exceptions and nuances for minor children that are too complicated to  explain here.

We are working on making the statute of limitation for all the states available on our website. Please check back as well!