Q: Why Do We Take Your Accident Liability Case on a Contingency Fee Basis?
Simply put, it’s fair. We do it because it makes the justice system available to ALL people; not just those who are wealthy and can afford to pay for a good attorney from the start. We firmly believe this perfectly aligns our interests with those of our clients’ who have been injured in an accident through no fault of their own. Unlike law firms that require up-front fees, we view the quest for civil justice against those responsible for harming you as a partnership. True partners fairly share the fruits of their labor (in this case, the money awarded by your favorable judgment). Partners also share the risk. Your injury, the trust you place in us, and the money you stand to win (or lose) is your risk. Our efforts and acceptance of the possibility that your case might not produce income for our law firm, is our risk. When you hire an injury attorney who gets paid more by working to get YOU paid more, we both win.
Q: What Percentage Do We Charge to Take-On your Tractor trailer Liability Case?
Several factors are weighed when computing a fair contingency fee; beginning with the type of case and the amount of risk associated with your specific civil action.
Most clients find they typically pay the same industry-standard rate, which is in the neighborhood of 1/3 of the judgment, or negotiated settlement; give-or-take a few percentage points. That is not an absolute figure; just a starting point. All accident cases can be much more challenging due to things like multiple liable partners, the degree each liable party is insured, and any other underlying causes that may have contributed to the accident or wrongful death. The better the investigation we conduct on your behalf, the more it might come into play when computing that final percentage. These varying sources and their degree of involvement can bring greater (or lesser) risk to your legal partner, or justify greater expenses or fees to retain third-party experts to strengthen your case. You’re the client so you will be fully informed of these issues as they occur.
The traditional industry percentage can go up (or down) to fairly reflect the greater – or lesser – effort and expense (and financial risk) by the law firm. We gladly and openly discuss your case with you, free of charge, to arrive at a fair and suitable percentage. Then we clearly disclose that rate to you before you hire us. This contingency fee is part of the contract and is absolutely guaranteed with one minor exception.
Typically, the client is responsible for paying court costs and other legally-mandated litigation expenses. For example; the court cost to file a lawsuit in Texas is typically around $350. Our law firm will advance this money to the client as a courtesy. But we expect you to honorably reimburse us for that small cost. Again, if we don’t win, we absorb all losses and expenses that we invested in your case. The filing fee is your expense; we’re just fronting it to you with the expectation of repayment; but only when we win.
There are never any last-minute surprises. Our mutually-agreed percentage is etched in stone.
Q: Why Must I Choose a Law Firm That Specializes in Personal Injuries?
Today, the art of specialization is an important element to success in any business. That’s why our Law Firm focuses all of its time on personal injury and wrongful death cases. Many other firms characterize themselves as a “one-stop-shop” with no specialty. They handle anything from divorce cases to contract law and every other civil matter in between. Some even argue criminal cases or fix traffic tickets. These jack-of-all-trades firms are indeed masters of none. Isn’t it in your best interest to hire a law firm for a complicated personal injury or wrongful death case arising from a wide variety of accidents? In the long run, any potential client needs to wisely consider whether an experienced accident liability and wrongful death attorney or a “one size fits all” law firm offers you the best chance to recover the highest and fairest compensation for your personal injury case.
One other thing, if you have a relative or close friend who is a lawyer, even though he or she might be looking out for your best interests and might be suitably inspired to fight hard for your rights; often, that person might have a difficult time disassociating him or herself from the emotional issues surrounding your case. A successful lawyer is pragmatic and focuses on the facts of a case ONLY. What happens if that relative or friend who is an attorney doesn’t win the case, or accepts a less-than-fair settlement? How will you feel then? Family matters and legal business do much better if they are not married together. You will be very wise to remember this when deciding who will represent you the most effectively.
Q: How do I Hire Your Law Firm to Represent My Case?
It’s easiest to just give us a call. We also accept emails and reply to them promptly. However, when you contact us, we will promptly arrange a meeting as soon as you wish to discuss your case in detail. We can meet you at your home or office, the hospital, or any place convenient for you.
Since our cases are taken on a contingency fee basis, this means you will not have to pay anything up-front to hire us, and the consultation is always free. So leave your checkbook. You won’t need it.
Q: What are the Chances of My Case Going to Trial?
Only when all settlement avenues have been exhausted and a trial becomes inevitable will we go to trial. They cost money and time. And you are the plaintiff. This means you have to prove your case. Your fate (and ours) is in the hands of 12 total strangers who probably have their own biases or personal agendas.
Juries alone are enough to explain why a trial is a very risky proposition for both sides and can be the law’s answer to scraping fingernails on a chalkboard.
If we do end up in court, our Law Firm will aggressively represent you and knows how to keep a jury on-point and engaged in even the most complicated of personal injury cases, even if it’s not easy. Our successful track record at litigating in court for our clients is well documented. Our opponents know us. This is why many times we can resolve your case through other means: like negotiation, mediation or even arbitration. We evaluate every case individually, weigh all options, their solutions, and then pursue the best path that offers the greatest chance of your success.
Q: How Long Will it Take to Close My Case?
Wrongful death cases typically begin with the demand (for damages) phase. These claims usually create a lot of early momentum simply because a death, along with surviving family members’ catastrophic financial and emotional loss has occurred. Because of this, wrongful death cases often get “fast-tracked” within the civil judicial system. So it is not unusual if they aren’t resolved within six months to a year: some sooner than that. But almost every case experiences three separate phases of progress. They are called:
The Treatment Phase The Demand Phase The Litigation Phase
The treatment phase is often the longest part of your injury case. During this phase we conduct all of the investigative work – which can take a week or two, to several months. We also coordinate with your doctors and contact all defendants’ insurance companies. Your job is simple during the treatment phase; focus on being healed by your physician and recover from your injuries as best you can. We must demonstrate that you are doing all you can to recover. For if you don’t, why should defendants be asked to pay you for something you don’t value, your health? Rarely do we move to the demand phase until your medical treatment is either complete, or your physician develops a specific prognosis and can share the cost of your future medical needs that produce full recovery with us.
Once we reach the demand phase, sometimes things can move rather quickly. Our injury attorneys place a monetary value on all of your damages (including lost wages, pain and suffering, medical expenses, wrongful death, etc.) create an all-inclusive demand package, and then send it to the defendants and their insurers. This is followed by early rounds of negotiation. They can take as little as a few weeks and a negotiated settlement might be reached, which brings your case to a quick and favorable conclusion.
Sometimes – not always – large insurance companies can move at a snail’s pace when it comes to compensating claimants. So it’s best to expect a delay. It can vary from a few weeks to a few months while your file works its way through the many departments of what is likely a very large insurance company; not to mention the insurance company’s general aversion to paying you anything, much less fair damages. If there are multiple defendants, that’s just more insurance companies to slow down the process. This doesn’t happen all the time though. Just don’t be surprised by such delays, even if things start out smoothly.
The litigation phase can either be completely circumvented or take a lot of time. This depends on the specifics of your accident liability case, the level of motivation within the defendant, and the willingness of his or her insurance company (and lawyers) to meet your demands. In a case where clear blame lies with the defendant, this final portion of the case could move quickly if you have an experienced attorney on your side.
On the other hand, if we have a difficult time proving the defendants’ liability, or if you have said or done something to complicate your case before our firm was retained, we might need additional weeks or months, or if you waited before contacting us, making the investigation of your case more difficult, then more work might need to be done by the firm to “prove up” your allegations in court to satisfy the jury. So, depending on many different factors, the litigation phase can either move very quickly or quite slowly. When the case finally does go before a jury, we are at their mercy. Also, court dockets are very crowded in most Texas counties. This can cause further delays of up to several additional months before your case can be heard.
But generally speaking, a routine personal injury case can take from three to six months to resolve; with over half of that time devoted to the treatment phase. Depending on the nature of your injuries, your case could take longer if your doctor feels that you need to be treated or rehabilitated for an extended period of time, or if there are multiple defendants.
Q: Are There any Statutes of Limitations in Which I must File my Injury Lawsuit
The statute of limitations for a Texas personal injury lawsuit is two years from the date that the defendant (including his insurance company) has been notified of intent to seek compensation. While this timeline can be extended in certain situations, a victim’s family has a two-year window to file a lawsuit in court. While this may sound like a long time, it really isn’t. A thorough investigation must be conducted and a great deal of research be completed prior to filing a personal injury lawsuit. It is not unusual for a full investigation to take more than a year in some circumstances, or if there is a large number of liable parties who must be investigated before determining which ones are the actual defendants. In addition, all defendants need to have their assets (and insurance coverage) researched in order to assure that you will recover the damages they will owe you and your family once they have been judged to be guilty.
However, there are some exceptions to this statute. They all involve unusual circumstances. So when you are interviewing potential attorneys to represent you, reserve a few moments to visit with each lawyer and ask them to help you understand how the statute of limitations might apply to your specific defective product insurance claim or case, and if what exceptions might apply.
Q: How Will My Lawyers Keep Me Informed About the Status of My Injury Case?
We always contact you when important deadlines or court appearances are necessary, and also to keep you fully up-to-speed on all major changes surrounding your case. Since we often deal with an insurance company, there will likely be some reasonable delays between significant events. Sometimes weeks can go by without anything new because, as we’ve mentioned, insurance companies tend to move rather slowly. But we are always available to speak with you; and encourage you to contact us regularly so you know the status of your case.
We are also happy to answer any questions you have because we believe the best client is a fully-informed client. You can reach us by phone or email at any time of the day or night (including weekends). As to normal day-to-day questions about your case, the paralegal or investigator who is assigned to your action will assist you. The same confidentiality you expect of your attorney applies to all members of our professional staff. If you have any legal questions or need legal advice, our attorneys are always glad to assist and counsel you.
Q: Does Your Law Firm settle a Claim or Case Without the Client’s Approval?
No, never!
All settlement offers we receive are always thoroughly discussed with you, to your complete understanding. We never accept a settlement offer without your fully-informed consent. If you accept a settlement offer, you do it with your eyes wide open and with full understanding of the ramifications.
Q: What is a Fair Amount for my Personal Injury Settlement?
Giving you a hard figure without knowing the specifics would be misleading. We never mislead our clients. Evaluating an injury claim from an accident liability case involves many different factors that your legal counsel will candidly discuss with you. Based on our experience, we often make recommendations and give you clear justification for our advice. All of the injury attorneys at our Texas Law Office have a great deal of experience when it comes to settling (and litigating) personal injury cases. This includes an intimate understanding of all your opposing defendants, jury behavior, and that of judges in cases similar to yours. Our clients generally follow the advice we give them and trust us in all legal matters connected to their case.
Q: What’s The Difference between Legal Assistants and Actual Lawyers?
Legal assistants and lawyers have different responsibilities. At our Texas Law Office, they form an effective, dependable team. Our lawyers negotiate and argue your case, and offer you specialized legal advice. Our legal assistants support your attorney so he can do the best job of representing you.
All legal cases, and insurance claims, generate large amounts of work if they are to succeed. Legal assistants are very important members of your team. They help prepare your strongest case by conducting investigations, performing medical and legal research and other crucial work that is so important to your ultimate success. Legal assistants cannot offer legal advice, only your lawyer can. But for all other daily issues of your case, our legal assistants are the ones you should speak with. And they are most-effective at helping you when you give them your full attention and complete cooperation.
Q: What Do We Need to Do to Get Started?
To again perfectly clear, we cannot and we will not charge our clients any additional charges or fees past our agreed-to percentage of what our clients collect when we help you pursue your personal injury or wrongful death insurance claim or legal case. Nor do we charge interest for our out-of-pocket expenses. The percentage you agree to is all you will pay.
The primary focus of our injury attorneys is on virtually all types of personal injury and wrongful death. We do not practice any type of family law, tax law, real estate law, criminal law, etc. Nor do we represent defendants of personal injury or wrongful death matters. Our exclusive focus is helping injury victims and the families of those who have been wrongfully killed seek and receive fair compensation for their losses.
If you have any other questions for the local accident attorneys at our Texas Law Office, we are very easy to reach. We will be happy to speak with you free of charge if you have been injured due to negligence and are suffering to the point where it is reasonable to justify bringing a claim. Call our office toll-free. We’re here for you and have been helping injured Texans just like you for over 30 years.
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Seriously Injured Due to a Surgical Mistake? Get All of the Facts before Filing a Malpractice Lawsuit
Of the approximately 50,000 deaths attributed each year to medical mistakes, many of those deaths are caused by surgical errors. Even more lead to significant injuries: some even to long-term disability. Surgery is necessary, but still, a dangerous risk, even when everything goes well and there are no mistakes.
Even the smallest surgical error can be life-threatening. Surgical errors can include operating on the wrong body part, using infected equipment, organ or tissue damage during surgery, or pre-operation errors like taking an incomplete or improper medical history, among other things. Anesthesia errors have been found to be a very high contributor to surgical errors and these pose very grave dangers to the patient.
Medical malpractice cases, including those that involve surgical errors, are some of the most complex and difficult personal injury cases we have encountered. Over the past few years, the laws surrounding medical malpractice have undergone extensive modification by way of tort reform in Texas in order to protect medical professionals from lawsuits. This tort reform has created very strict conditions that must be met in order for a medical professional to be held liable for an injury. The fact that there are now damage caps on medical malpractice cases can make it exceedingly difficult to collect fair damages in a surgical error case. Without knowing these conditions and presenting your case in such a way that clearly proves your damages, your chances of success are not very good without an experienced surgical malpractice lawyer.
Due to the dubious nature of malpractice, you must have a legal professional who is extensively familiar with medical malpractice law. Luckily, our medical malpractice attorneys have been working with victims of surgical errors for over 30 years and we know how to deal with the difficult nuances of modern medical malpractice cases. If you have been injured by a surgical error, contact the medical malpractice attorneys at our Texas Law Office and let us help you get the compensation you deserve.
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Damage Caps on Medical Malpractice Cases and How We can Mitigate them for You
Probably the most prominent impediment to your ultimate surgical malpractice civil action is the limit on the amount of damages that can be awarded.
One of the real-life challenges to full compensation in medical malpractice is the “damage cap” limit. This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.
In each individual case, “non-economic damages” (such as pain, suffering, lost future income, and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be to-the-dollar specific and may not be punitively raised.
Before tort reform, anyone could sue any doctor, hospital, med-tech, or any other licensed healthcare professional for as much as they wanted and there was no limit to the amount they could collect. We admit that at times, this led to juries awarding unreasonable total damage amounts, and other instances where plaintiffs ended up getting more than they were originally entitled to collect. Other times, over the years, some saw malpractice suits like having a winning lottery ticket. So we appreciate why, at the time, a certain amount of reform was necessary due to these dubious, and not altogether appropriate, outcomes. An aggressive insurance industry along with the legislators they influenced, failed to adequately address the problem in Austin. So the result of lawmakers creating damage caps on any singular malpractice case ended up benefitting Texas malpractice insurers but at the expense of both the doctors they serve and malpractice victims who have legitimate damage claims.
Today, it’s much more difficult for malpractice victims to recover true value, in both the short and long run, for their injuries, pain, suffering, and lost wages from any single malpractice civil action. That’s why it’s so important for your medical malpractice lawyer with our Law Firm to fully investigate all aspects of the surgical malpractice that has befallen you. As we’ve already pointed out, other caregivers may also be responsible for your operative or post-operative injuries. If this is determined to be the case, more than one injury claim (and lawsuit) can be sought. If, for example, a combination of surgical and post-op malpractice occurred, and it is further determined that a piece of surgical equipment was also involved, the ultimate damage amount awarded you will be well in excess of that $250,000 cap because the blame is shared by more than one party.
Healthcare professionals are the ones who are really being victimized by their insurers. Because tort reform has lowered the amount of money the insurance companies now must payout, in spite of the fact that since tort reform was enacted, malpractice premiums paid by all healthcare professionals have increased by more than one-third across-the-board. So now, we see insurance companies paying out much less to malpractice plaintiffs than they were ten years ago. But strangely, the insurers have increased their rates (and their profits) by at least 30% since tort reform was enacted. The industry sold this “bill of goods” veiled by the honorable moniker of “tort reform” by promising legislators and healthcare professionals that these measures would end up lowering their premiums. What’s up with that (as if you don’t already know)?
Plus, the presence of today’s benefit caps also make the insurer behave more arrogantly in negotiations since they normally don’t run the risk of paying out as much if the case goes to trial. This should give you an idea of how hard it is to negotiate a fair settlement with these companies: especially if you don’t have a strong case or are underrepresented by your surgical malpractice lawyer. Damage caps embolden malpractice defendants, their attorneys and the insurance companies to act more belligerently toward your case. They know it’s easier to bully you into accepting a ridiculously low settlement, especially if you’re representing yourself or your legal counsel is inexperienced. We know how to handle bullies.
With over 30 years of experience in personal injury and wrongful death law, including medical malpractice, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. We can also work to make certain they will not repeat their careless actions, and harm some other unsuspecting patient.
Call our office toll-free for a free consultation.
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The Popular Excuse Healthcare Professionals Use in their Defense: That’s Really Not all that Acceptable
Almost every time before you undergo a medical or surgical procedure, you are asked to sign an informed consent form. They appear to be harmless and on the surface, somewhat educational. But in a small percentage of cases, informed consent can also serve to protect medical professionals should an accident occur during a procedure or any sort of medical care because it typically describes the treatment that will be performed, the possible complications arising from the procedure, the treatment alternatives you may have discussed, and what may happen if your program of care is not performed as-outlined.
Strangely enough, often medical professionals might attempt to use an informed consent document as a blanket defense for anything they do that might later constitute malpractice. They believe this is their “get out of jail free” card for liability in the event of a surgical accident or negligence. Sometimes that might work. But just because you sign something doesn’t make it legal. A patient’s signature on an informed consent document does not universally absolve any medical or surgical professional from the negligence to which he or she may be held accountable. Nor does it limit the degree of responsibility to which they may be held if malpractice is proven.
The circumstances of a patient’s case, and who was involved ultimately identifies the actual malpractice lawsuit defendant. An investigation of those events establishes the degree of compensation a plaintiff might rightfully seek from each liable party under Texas law. Informed consent doesn’t preclude your right to sue a negligent medical professional through a malpractice lawsuit. So even if you’ve signed an informed consent document, it is still in your best interest to seriously contact the medical malpractice lawyers with our Law Firm. We’ll review it carefully and should be able to tell you rather quickly if you have a case and how strong it might be. Call our office toll-free for a free consultation.
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Medical Malpractice and Civil Trial Juries
No more than a third of personal injury claims actually make it to the courtroom in the form of a civil trial. The rest are either dismissed due to technicalities (possibly from the actions of inexperienced personal injury attorneys) or result in an equitably negotiated settlement. In the world of personal injury, trials are the last, and most unattractive, resort. By then, every avenue of reaching a fair settlement has been exhausted, usually because the defendants and those who represent them resist. A trial is the only way out and no one is happy. Tort reform damage caps might make insurance companies in malpractice cases less-willing to settle. If the malpractice investigation reveals obvious negligence which is not difficult to prove in Texas, and if your damages appear to fall under that cap amount, the odds of a settlement are better. Malpractice insurers also know that trials cost money and time. If the evidence is clearly against them, it’s a risky gamble for your opponents. So it eventually comes down to what costs the insurer more: losing the case in court (on top of the trial’s cost) or ending up with a truly fair settlement amount?
Therefore, it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope. Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re chosen, these impaneled citizens would rather have a tooth pulled than be cooped-up in a courtroom, listening to a bunch of lawyers drone on-and-on about your case. They find it hard to constantly have to pay full attention to minute facts surrounding a technical malpractice case. And malpractice trials involve a lot of technical experts who aren’t very engaging when it comes to explaining complicated things with polysyllabic words that are hard for some jurors to understand. We have seen jurors “rest their eyes” a few times. Once or twice we’ve even heard a juror quietly snore.
The ambiguity of juries alone is enough to explain why a trial is a very risky proposition for both sides. It’s not hard to see why only a very small percentage of all civil cases that are filed eventually reach their logical end with a jury verdict. Yes, the longer the legal argument goes on between the plaintiff and defendant, the better a fair settlement looks to both sides.
With over 30 years of experience in personal injury and wrongful death law, including medical malpractice, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. We can also work to make certain they will not repeat their careless actions, and harm some other unsuspecting patient.
Call our office toll-free for a free consultation.
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Be Smart, Enlist the Assistance of an Experienced Medical Malpractice Lawyer
We hope you don’t learn too late that you should have hired a capable malpractice lawyer after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance. It’s one-shot-and-done, no matter how things turn out.
As you have likely now discovered, surgical malpractice lawsuits in Texas are very complex and pose too many obstacles for any victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of evidence you must first find, then arrange and present in order to prove your claim is a huge burden. The crucial ability to properly investigate the facts of the case and call on expert medical witnesses, not to mention the skill to see a medical malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, not to mention the many law firms that do not specialize in personal injury. Since tort reform hit, we have seen the number of law firms who represent plaintiffs diminish rather prominently. Many have gone over to the “other side of the aisle” and now represent medical defendants because that’s where the money is. The only lawyers left to represent claimants like you are those who have experience in beating these surgical malpractice opponents, like our Law Firm.
We do have some valuable free advice for you, regardless of what surgical malpractice lawyer you hire.
Did You Know?
Our Texas medical malpractice attorneys have won thousands of cases. Call us today to discuss your case.
Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer. If you contact us for a free consultation, we should be able to tell you rather quickly all your legal options and how we can help you recover the rightful damage compensation for all harm done you due to by every negligent defendant who performed this malpractice.
Once your medical malpractice legal counsel with our Law Firm is on the case, we will:
Help you find proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your Texas surgical malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert medical witnesses to testify on your behalf.
Deal with all communications with all involved parties, compose, receive, and manage all correspondence. In other words, we take care of ALL the paperwork.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your surgical injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies, and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.
We want to help you seek justice and the compensation you need for your road to full recovery, and hold every negligent surgical or other healthcare professionals fully responsible for their neglectful behavior so this won’t bring injury and pain to other unsuspecting patients in the future. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a successful malpractice claim, we can share the actual merits of your case and outline the steps that we need to take together in order to realize your success.
The experienced surgical and medical malpractice attorneys of our Law Firm have over 30 years of experience in calculating, then proving the correct amount of damages done to our clients, in addition to aggressively representing our clients against negligent healthcare professionals, their powerful insurance companies and the adept lawyers who represent them. This enables you to receive the fullest and fairest negotiated settlement, or civil trial award for your surgical malpractice-related damages. Our goal is to help you get back onto the road to recovery. And the compensation we win for you is vital to you and your family’s recovery.
If you have suffered injury or illness as the result of surgical malpractice anywhere in Texas, contact the medical malpractice attorneys at our Texas Law Office for a free and confidential legal consultation. Our toll-free number is 1(800) 862-1260.
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Our lead attorney Discusses Dentist & Orthodontist Malpractice
When people think of medical malpractice, they typically think of lawsuits filed against doctors. However, virtually any medical professional can be sued for medical malpractice, including dentists.
According to the National Practitioner Data Bank’s Annual Report there are over 27,000 dental malpractice cases reported in the U.S. each year. Dentists work with very small and potentially destructive instruments. And the fact that patients experience little or no pain during any dental procedure can often give these patients a false sense of security, until something happens a day or two later after the work is done. There is no excuse for negligence. Just like doctors and other health care providers, dentists must take precautions to ensure that medical malpractice does not take place. Did they fail to detect a critical oral disease prior to the procedure they performed? Did they improperly use dental utensils or other equipment? Did they give the patient defective dental products or misuse anesthesia?
Some other common examples of dental malpractice include:
Infections to the patient’s gums, teeth or jaw infections due to improper use of dental equipment.
Losing sensation in the jaw, teeth, or gums.
Causing injury by improperly administering anesthesia.
Nerve damage that can cause a loss of taste in the patient.
Unnecessary tooth extraction or extracting the wrong tooth.
Delaying the treatment of an oral disorder.
Even wrongful deaths have occurred because of negligent dental work.
Victims of such negligence-based injury can bring a dental malpractice lawsuit against anyone providing dental care, including dentists, dental assistants, pharmacists, and technicians. Any form of improper treatment can potentially be grounds for a dental malpractice lawsuit. They can include – including the offenses mentioned above, failure to provide a necessary follow-up appointment or procedure, or errors filing a patient’s prescription (either committed by the dentist or a pharmacist) in addition to other offenses. Dental malpractice lawsuits contain a number of hurdles that must be overcome, but our experienced dental malpractice attorneys are here to help you understand what you are up against and how a dental malpractice attorney with our Law Firm can help.
Due to the complex nature of medical issues, sophisticated investigations and expert testimony are typically necessary to prove that the defendant was negligent. Do you know how to conduct such an investigation or find and retain an expert witness? Without both, you will have a hard time convincing a jury that your claim is legitimate. Thankfully, our legal professionals know how to investigate a complicated malpractice case as well as secure the proper expert testimony you need to have a strong case.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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Victims Must Understand the Nuances of Medical and Dental Malpractice
Most of the time after a complicated dental procedure, all seems to have gone well. But as you recover, sometimes it can become apparent that something is wrong. It’s bad enough to have to deal with the pain and inconvenience of a medical procedure. But when that suffering is magnified because your dentist has engaged in malpractice (even if he or she wasn’t aware it at the time) your physical and emotional pain seems more acute. If this is the case you certainly have a lot of questions (and very few answers) when trying to find out if your dentist or one of his assistants has been negligent during your procedure: or might have been willfully inattentive to your condition. Some of your initial questions likely include:
Why did this happen?
Who is responsible for this substandard treatment?
Who’s going to pay for this violation on my body or that of my loved one?
How much, and how long must I endure this painful ordeal?
Can I be reimbursed for the time I’m losing at work because of dental malpractice?
Do I need an experienced dental malpractice lawyer to help me?
Is there anything I can do to make sure this won’t happen to some other unwitting soul?
These questions and more are all very legitimate concerns that you and anyone else who is the victim of dental malpractice anywhere in Texas typically ask. Many times the answers can be quite elusive without the assistance of an experienced dental malpractice attorney. Without such assistance and legal representation, you have no chance to get to the bottom of your dental malpractice, much less win fair compensation for this offense.
This is why the dental injury lawyers and the veteran malpractice investigative team at our Texas Law Office can get to the bottom of your injury and suffering. We consistently work with an exemplary roster of third-party medical and dental experts as we investigate your malpractice claim. And because of this investigative diligence, the answers to your questions are revealed. Then, we work tirelessly on your behalf to achieve the fairest compensation for your dental injury, and all damages arising from it.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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Following the Trail of Responsibility for Your Dental Malpractice Injury in Texas
Most people initially suspect the dentist who performed their surgery, or the medical staff members who assisted in the diagnosis, or an anesthesiologist if one was involved in the procedure. Often, more than one dental professional can inadvertently conspire with your inattentive dentist and cause the procedural accident which led to your malpractice-related injury.
Malpractice can occur in a number of different ways. Many times, the failure to correctly diagnose or treat a patient within a reasonable amount of time can be grounds for a malpractice lawsuit. Any, or all, of the following professionals can be responsible for dental malpractice and become legal defendants for their negligence in civil court. It makes no difference if their involvement was overt or passive. Some of these responsible people might include:
The primary-care doctor or dentist.
A specialized oral surgeon.
Any dental assistant, hygienists and other dental care specialist.
Your anesthesiologist.
A pharmacist.
Regardless whether these offenders worked alone, or in concert – even if they weren’t aware of the misdeeds of others in your dental malpractice chain of events, if their contribution helped produce additional injury or illness in the patient, or created further pain and suffering, those who suffer from malpractice have the clear right to seek damages from each liable party relative to their portion of the responsibility that contributes to the medical injury.
Malpractice cases can involve a rogue’s gallery of defendants and their insurers. And it’s every malpractice insurance company’s job to aggressively challenge virtually all such cases in Texas.
With over 30 years of experience in personal injury law, much of it involving medical and dental malpractice, our Law Firm can help you identify all responsible defendants in your malpractice suit so that you can successfully ask for fair compensation from them for their negligent behavior that made your injury even more painful. Our Law Firm can also work to make certain their careless actions will not be repeated, and harm some other unsuspecting, trusting patient.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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If you are going to file a successful dental malpractice claim, you must prove four different things, which we will outline in greater detail in a moment:
The defendant (or the dental care provider you accuse of negligence) had a legal duty of care to act in your best interest.
The defendant did not meet that reasonable standard of care as set by other professionals in his or her field.
This negligence caused you some type of injury.
Damages were incurred, whether financial (in the form of medical bills, lost wages, lost earning capacity, etc.), physical (pain and suffering), or emotional (mental/emotional turmoil).
Negligent medical professionals believe that they owe you nothing unless you legally compel them to pay you proper compensation by way of a personal injury claim or civil lawsuit, which can also include wrongful death if appropriate. In order to force those liable for your injuries to pay you this fair compensation, your dental malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played within the following guidelines:
A victim of dental malpractice bears the burden of proof in a civil lawsuit to recover damages in Texas. You the victim, along with your legal counsel, must clearly prove with rock-solid evidence that a dental defendant caused your injury. And it is the plaintiff/victim’s responsibility to aggressively pursue that insurance claim or seek legal action through a personal injury lawsuit against all liable parties if you are unable to recover a fair insurance settlement. You can’t simply wait around to be reimbursed for your injury from those who were negligent in your care out of the goodness of their heart. If you don’t have a solid case, defendants will relentlessly chip away at it. So there is a specific sequence of things you must prove in order to realize the success you wish for in a malpractice lawsuit or insurance claim.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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The Heart of the Matter is this: all Medical and Dental Professionals Owe You a High “Legal Duty”
In medical malpractice terms, a legal duty is described as a “standard of care.” Every medical professional owes all of their patients a certain responsibility of care that is proportionate to that of their peers. Essentially, your dentist must treat their patients as other dentists would treat theirs. The same goes for dental nurses and assistants, dental technicians, lab techs, and administrative personnel.
All healthcare professionals fall into a category that calls for a very high standard of care (or “duty”) since they generally receive years of unique and highly-specialized training. They must undergo years of extensive education and rigorous certification in order to safely treat their patients. This education is also supposed to make them acutely sensitive to the physical and emotional needs of their patients. This is why society in-general expects medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly diagnose patients; they must also sympathetically treat them without causing these vulnerable people further injury or discomfort.
Essentially, licensed doctors and dentists are held to the highest standard of performance than other caregivers, although that group occupies a level only slightly below doctors and dentists. All healthcare providers are held to higher standards than people in other professions due to their specialized occupations. This leads to very lofty expectations of performance in the eyes of the general public as well as the law.
Whether They Are Aware or Not, Medical and Dental Professionals Can Violate Their Legal Duty
Once a standard of care has been proven in a malpractice case, the next duty of the plaintiff is to clearly illustrate that the responsible dental professional(s) who violated that standard of care is specifically liable for your injuries. A simple example might find that an oral surgeon breaches the standard of care if he or she extracts several wrong teeth, or even from the wrong patient (yes, it does still happen). A dentist can also breach the standard of care by prescribing a drug that is known to cause negative reactions when taken in conjunction with another drug that is already being administered to a patient; or if the dentist (and his pharmacist) is are aware that the patient might be more prone to adverse reactions, and pain or further injury, from taking this drug. In any instance surrounding administering prescription drugs, the medical professional must know to avoid these missteps. Sometimes, the drug companies themselves can share a portion of this liability, though that pursuit of such damages is commonly accomplished through a defective product suit.
Very few people such as you have even the smallest amount of necessary legal acumen to understand, or even know, why a dentist, or some other medical professional chose to do what they did. This is why expert medical witnesses must be sought-out and retained by your dental malpractice lawyer in order to determine whether or not a dental professional has violated the standard of care for their profession. These expert witnesses, usually dentists and other oral healthcare professionals must have extensive experience in the same fields of medicine as the defendants in order to be beneficial to your dental malpractice claim.
Specialized witnesses are able to properly and accurately determine whether or not a standard of care was violated, by whom, to what degree, and in what context if more than one dental professional might be a defendant; especially if some sort of cover-up might apply to your malpractice lawsuit. We can help you locate these expert medical witnesses, either in Texas or across the U. S. to help us prove-up your allegations of breach of the high medical standard of care: elemental to the success of your malpractice case. Since Texas has one of the highest concentrations of renowned medical professionals in the world, chances are we won’t have to look very far.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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A High Plaintiff “Burden of Proof” for a Dental Professional’s Violation of Their High Legal Duty
As a plaintiff, you and your dental malpractice attorney must effectively prove that the medical professional’s negligence was the cause of your additional injury or illness in a malpractice case. Even if some of those injuries are all-too-apparent, defense attorneys and insurance companies will demand specific and irrefutable proof that your injuries were actually sustained through the specific negligence of a dental professional.
You must prove this point beyond a shadow of a doubt. This is where the involvement of our third-party medical experts becomes absolutely crucial in effectively proving a malpractice injury claim. Fortified by your experts’ specialized knowledge, you and your experienced lawyer are able to clearly prove to a jury how an injury may have been sustained due to dental negligence, and can also work to convince those jury members that this series of events that led to your further injury or illness did indeed happen and that you should be fairly compensated for their malfeasance.
The burden to prove also means the burden to disprove. Often, your opponents will find any and every excuse that justifies their dental defendant did not cause you harm. Maybe they’ll accuse you of not following their aftercare instructions, or acted irresponsibly in some way after you left the office and the fault is yours. So not only must you prove dental negligence, but you also have to effectively refute all the weak excuses your opponents come-up with in order to win. Because if they can make only one of these frivolous charges stick, they might avoid liability.
If your case is really strong and you are able to turn away those counter-accusations of responsibility for your dental malpractice pain and suffering, the chances of negotiating a reasonable settlement with the guilty defendants grow: which means that maybe an expensive civil trial can be avoided.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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Insurance Opposition to Proving your Texas Dental Malpractice Case Successfully
As with any personal injury lawsuit, certain obstacles that are unique to medical and dental malpractice usually happen when a plaintiff decides to seek compensation for an injury through an insurance claim or dental malpractice lawsuit in Texas. There’s one legal restriction you could greatly impact your ability to win rightful compensation.
There is a limit to the amount of damages that can be awarded in any single Texas malpractice lawsuits. Malpractice “damage caps” mean that if your injuries are disastrous or if they produce permanent injury (and expensive supplemental care) you might not receive truly reflective compensation for your malpractice-related pain and suffering, medical bills, lost wages and other appropriate damages. You have the insurance special interests, medical professionals, along with THEIR lobbyists and recent tort reform legislation in Austin to thank for that.
Because of intense pressure from all of those influential groups, the legislature passed several laws. These tort-reform-induced laws have clearly tilted the malpractice playing field in their favor. Simply-put, when it comes to medical malpractice civil cases, with very few exceptions, there are now damage award caps. “Non-economic damages” (those won for pain, suffering, lost future income) are capped at $250,000. And economic damages (the actual cost of your medical bills as a result of the malpractice) must be an actual and to-the penny.
Before tort reform, anyone could sue any medical professional for as much as they wanted and often collected unreasonable damage amounts. Even incensed juries would get in the act and sock-it-to the guilty medical defendant with sometimes excessive punitive damages. Now we understand that over the years, many unscrupulous attorneys and their clients saw malpractice suits like winning the Lottery or the death of a distant rich relative. And we agree that at the time, a certain amount of tort reform seemed necessary in a lot of instances. But, typical legislative behavior failed to adequately address the problem when the insurance and doctor/dental lobbies began pressuring our lawmakers in Austin. So the end-result now gives us a series of malpractice laws that benefit Texas malpractice insurers: but at the expense of both the healthcare professionals they serve and those who have legitimate malpractice claims. Today, it’s much more difficult for malpractice victims simply to recover true value, in both the short and long run, of their injuries, pain, suffering and lost wages from any single malpractice civil action.
That’s why it’s so important for your Bexar County dental malpractice lawyer to be adept at investigating all facets of alleged malpractice. For if other dental caregivers are responsible for those injuries, more than one insurance claim (and lawsuit) can be sought. But even with this tort reform, the healthcare professionals are also getting screwed by their insurers. Because tort reform has lowered the amount of money their insurance companies are paying out. But since 2003 – on-average – malpractice premiums have increased by more than one-third. How can the insurance companies justify so large an increase in their rates if they’re paying out much less than they were? We’ll let you figure that out but the answer is obvious to anyone who is over eight years old.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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Insurance Company Tactics are Meant to Frustrate Your Claim and make You go Away
The arrogant behavior on the part of malpractice insurers is a huge clue of why it’s so hard to negotiate a settlement in good faith with these companies. For often, these damage caps inspire the malpractice defendants, their representing attorneys and insurance companies to act more belligerently toward your case. They behave this way because they know it’s easier to strong-arm you into accepting a less-than-fair settlement.
The insurance companies are excellent and aggressive at defending these negligent dentists. Their adjusters are just as dangerous to a malpractice victim as the defense lawyers who represent their companies; maybe even worse. An adjuster’s goal is to help their employer, not you. They are only interested in saving their companies money by denying your claim or underestimating the cost of the malpractice, or placing obstacle after obstacle in your way and make that just compensation just barely out-of-reach. An adjuster often disguises him or herself as a sympathetic friend and constantly assures you that all of your needs are met; only to let you down when it’s time to pay-up.
Adjusters are very clever. They ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your filing a nuisance lawsuit, or that your real injuries are not as bad as you legally claim. Some unscrupulous adjusters even convince uninformed injury victims – often deceptively – to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victims for their injuries or other losses from a case of dental malpractice.
There’s only one way to stop insurance adjusters in their tracks. Hire an experienced dental malpractice lawyer. Then you don’t have to deal with them at all. Our clients know that adjusters must deal only with us. They can record us all they want. We’ll never say anything that can come back to haunt you. The words you don’t say to an adjuster, no matter how innocent, will never be used to defeat your claim or civil case in court.
Insurance companies are even prepared to fight your claims before malpractice even occurs. Their experienced “high-dollar” attorneys are either on staff, or permanent retainer. They’re just waiting to take on personal injury claims because they do it for a living. They specialize in cases like yours and know every trick imaginable to tilt the case in favor of their insurance company employers. When you file a malpractice claim you’re playing their game by their rules. They have the home-field advantage. This is why you mustn’t hesitate in finding a local dental malpractice law firm to help you. You only get one bite at the compensation apple. Once you’re paid (whatever) you can’t go back for more. So you must make win proper damages with that one single shot because once you’ve taken it, you’ll never get a second one.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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Dental Malpractice and the Civil Trial Juries who Hear the Case
It’s a fact of legal life that in the final analyses, very few cases end up in court. Trials are the very last resort when all else fails. They happen when every avenue of reaching a fair settlement has been exhausted; especially in cases of malpractice because the damage caps usually cause the defendant to resist, or the damages sought by the injured plaintiff may be justifiably high. A trial then becomes inevitable.
Even though tort reform damage caps might make insurance companies in malpractice cases less-apt to settle, that’s not always how things turn out: especially if the malpractice is obvious and very easy to prove. Still, malpractice insurers do see reason as often as not because their attorneys know that trials cost money, time and the outcome can just as easily go against them. This is why often, both sides will eventually see reason and settle because when it comes to civil juries, you just don’t know what they will do.
Local citizens are randomly chosen every week and must report for jury duty. When they show up, it’s usually reluctantly. You too have probably been called for jury duty and probably hoped to get out of it. Just like you, those impaneled citizens would rather be treated for an impacted wisdom tooth than sit inside a courtroom; forced to listen to a bunch of lawyers argue your case. This is certainly one reason we often see the “get on with it” look on their faces when we’re in court. And sometimes personal injury trials involve a parade of third-party experts rattle on as they explain complicated things that are hard for some jurors to understand The ambiguities of juries alone are enough to illustrate why a trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of all civil cases eventually end up in court. Being forced to argue a case in front of a jury is the law’s answer to Russian roulette. Settlements can be reached at the 11th hour of a jury trial and also explains why no more than 10 percent of all civil trials are decided by a jury verdict.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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The Experience and Tenacity of your Dental Malpractice Attorney Often Produce Successful Damage Awards
The blunt truth is that non-attorneys simply cannot win dental malpractice lawsuits or produce satisfactory insurance damage claims for the injured plaintiff. And those who do not specialize in malpractice cases have a small chance of success as well.
Another thing: since tort reform was enacted, there is a smaller pool of law firms who are willing to take on plaintiff malpractice cases. Our Law Firm believes that injured victims deserve the right, and need the right assistance, to seek and win fair damage compensation for any negligent medical or dental malpractice. So we offer a piece of free advice.
Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact an experienced attorney. If you contact us for a free consultation, we will quickly tell you all your legal options and how we can help you recover the rightful damage compensation for all harm done you by every negligent dental defendant who’s liable for this malpractice.
Once our Law Firms is on the case, we will:
Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your dental malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to testify on your behalf.
Deal with all communications with all involved parties, compose, receive, and manage all correspondence. We take care of ALL the paperwork and every contact.
Clearly prove all liability and damages to help you win the best and fairest compensation amount for your dentist’s negligence.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary and compute a fair and representative damage request.
The attorneys at our Texas Law Office have over 30 years of experience with medical and dental malpractice cases. We have an intimate knowledge of the changes enacted by the tort reform. All of our attorneys know how to secure expert witnesses and present your case in such a way that all the relevant conditions for success are met. In other words, we can ensure that the true extent of your injuries is known, and we can convince a jury that you truly were the victim of negligence.
We have a successful track record in successfully negotiating and litigating hundreds of malpractice cases. All dental and healthcare malpractice insurance companies know how successful we have been. Often, once they know we’re on the case, they offer our clients a favorable settlement without even taking a case to court, which means we can help you get back on your feet even quicker.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.
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