Attorney’s Fees for Personal Injury Cases

When hiring someone for a personal injury claim, the general consensus is that there is an impending trial. While most cases settle, about 5% of cases go to trial. This is not a large percentage of cases. Having a competent, personal injury lawyer Arlington TX trusts can help you in getting the proper compensation for the accident.

Settling your case has both advantages and disadvantages. The cost of expenses are much lower. There are no costs for expert witnesses or in some cases travel by the attorney or client. With settling, you know how much you are going to get. There is no worry about whether or not you will walk away empty handed. The stress on the client is much less if the case is settled without going to trial. Even if the case has gone through mediation and depositions, there is a big possibility that it could settle. The goal is to settle if that’s what the client wants. Every outlet is exhausted by the time trial comes around.

If you settle before trial, your fees are drastically different than if your attorney has to show up on the day of. Even if you show up on the day of trial and settle before going in, the expenses are higher. Attorneys have to prepare for trial and this takes up resources such as time, knowledge, and supplies. Going to trial means that there is no guarantee that you win. You could get on the stand tell your part of what happened and a jury find the opposing party not at fault. This means that a plaintiff would get nothing and you and your attorney could be out of money. Some clients do not want to settle no matter what. They are of the feeling that they did not do this to themselves and now they are paying for someone else’s negligence. That is completely up to the client. There could also be positives to going to trial. The amount awarded to the plaintiff could be more than settling. If it’s about principle, the client could get closure to what happened.

The decision you make to go to trial should be your choice. Often times the insurance companies do not want to pay for certain things regarding medical treatment or supplies that are needed which could take away the ability to choose if you want to go to trial or not. Going to trial could be unavoidable, sometimes people just choose to drop the whole thing. This should be your choice. Your attorney should provide you with all of the information needed so that you can make an informed decision.

Brandy Austin Law Firm, PLLC Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into attorneys fees.

Brittany Maynard and the Legal Aspects of Assisted Suicide

Brittany Maynard Assisted Suicide by BarbituratesLike many in this country, the medical malpractice lawyers at Cohen and Cohen PC have followed the last days and death of Brittany Maynard. Although Saturday November 1st marked the beginning of the month, it marked the deliberate end of Ms. Maynard’s life. Maynard, 29, committed physician- assisted suicide at her home in Portland, Oregon. Many wonder if the publicity around Maynard’s decision will affect the future of physician-assisted suicide laws in this country, including the medical malpractice lawyers of Cohen and Cohen PC.

Maynard was in the last stages of glioblastoma, a highly aggressive and terminal cancer of the brain. Surgeons had removed the tumor previously but, as was expected, it returned. In the months before her death, Maynard moved from her native California to a yellow house in Oregon, where she could legally end her own life with the aid of a physician. While living out the last of her days, Maynard became an advocate for the “Death with Dignity” movement. She spoke out about her decision with the advocacy group, Compassion & Choices, explaining she would never want a terminally ill person to take his or her life, but that she believed the patient should be allowed to choose the action, rather than be forced to suffer as the body died slowly and painfully. “There’s not a single part of me that wants to die,” Maynard explained. “But I am dying.” Our Washington DC medical malpractice lawyers understand that decisions such as these, and legal interpretations around physician-assisted suicide can be complex.

Maynard decided to forego cancer treatments like radiation and chemotherapy. Such treatments, according to her doctors, could have delayed her death, but only for a while, and not without diminishing her quality of life. Maynard’s intention was, instead, to end her life before it became too painful. Maynard had, a few weeks before her death, considered prolonging her life, claiming that she laughed often and still enjoyed time with her mother, stepfather and husband, Dan Diaz. Maynard and Diaz had been married just over a year. She feared, however, that if she waited too long she would lose the physical and mental capacity to end her life before its becoming unbearable. Thus, as planned, Maynard ingested a fatal combination of barbiturates, prescribed by her doctor. She died surrounded by family.

As of today, only five states permit physician-assisted suicide: Washington, Oregon and Vermont by legislation, and New Mexico and Montana by court decision. The case for assisted suicide is currently being made in New Jersey. If New Jersey decides to legalize assisted suicide, it will become the East Coast’s second state to do so. As for the District of Columbia, Maryland and Virginia, physician-assisted suicide is not, as of yet, legal. Washington DC medical malpractice lawyer Wayne Cohen speculates, “In all likelihood, this is a matter to continue to be decided on a state by state basis.”


How to Find a Good DC Birth Injury Lawyer

Birth injuries often lead to long term physical and mental handicaps, and subsequent emotional and financial difficulties for the parents. A top Washington DC birth injury attorney can help parents obtain the funds needed to care for an injured child. However, in medicine, it is expected that injuries and fatalities sometimes occur. Unfortunately, this makes medical malpractice cases difficult to win. A plaintiff must prove that the medical professional was negligent and another doctor would have made a more sound decision in the event. It is therefore crucial that parents choose the best DC personal injury lawyer to pursue their cases. How, then, does one choose?

Ask for referrals. Talk to friends, acquaintances and your insurance company. If you are in a support group for parents, its members may be an excellent resource. However, do not choose a lawyer simply because (s)he comes recommended. We will discuss consulting with your lawyer. Most law firms offer free consultations, like at Cohen & Cohen, PC, where we handle personal injury cases.

Another great source for references is your state bar association. They often have referral lists but the screening process for admittance to them varies across Washington DC, Maryland and Virginia. Before choosing a lawyer, know your state bar’s standards for referral.

Once you have your referrals, visit their websites and learn all you can. How many years’ experience does your Washington DC birth injury lawyer have? Also, where (s)he obtained a law degree may be helpful, but not nearly as important as a track record. Find out what percentage of your Washington DC personal injury lawyer’s cases were related to birth injuries. See if the lawyer has represented more plaintiffs or defendants and if any of the cases occurred under circumstances similar to yours. Some of these questions may be better answered during consultation. Again, most birth injury and medical malpractice lawyers offer free consultations. If a lawyer charges for an interview with you, that is a negative sign.

When you consult with a personal injury lawyer, remember to bring any and all photographs, notes and documentation of the incident. Ascertain the birth injury lawyer’s philosophy. Is (s)he more hands-on? Will (s)he handle the case directly or give it to another lawyer? Lawyers often work in teams but you will want to meet everyone directly involved with your case. You and your lawyer should also have a settlement objective: Would you rather have your lawyer fight for the maximum settlement or handle the process as quickly as possible? Ensure the lawyer keeps your goals in mind. Since you will be working closely with this person, you should trust your lawyers. Find a birth injury attorney who treats your family with sensitivity and respect.  Once you have found a lawyer, figure out a payment plan. Some lawyers work for contingency fees and this may be a favorable option.

Dealing with a child’s birth injury is difficult enough. Finding a good birth injury or medical malpractice lawyer should be simple. Consult with Cohen & Cohen, PC to learn if we are the best choice for you.

Justice for Your Child’s Cerebral Palsy Birth Injury

7422_wpm_lowresAlthough 1 in 278 people suffer from cerebral palsy, very few people expect to have a member of their family be born with cerebral palsy or that a family member will develop cerebral palsy. Cerebral palsy is a general term that describes a variety of associated neurological disorders that reflect physical and sensory disabilities as well as psychological limitations. Because Cerebral Palsy often appears in early childhood or infancy, and because cerebral palsy is generally considered to be caused by brain trauma during pregnancy, birth, and the processes that immediately succeed child delivery, some instances of cerebral palsy are definitively birth injuries. If you believe that your child developed cerebral palsy from an avoidable birth injury, contact an experienced birth injury lawyer in Washington, DC today.

What is Cerebral Palsy and How Will it Affect my Child?

Cerebral Palsy is a neurological condition, and it occurs on a spectrum so there is no way to generalize its effects, however if your child is born with cerebral palsy, their condition likely falls under one of the following categories:

  • Athetoid or dyskinetic cerebral palsy

Roughly 10% of all people who suffer from cerebral palsy experience athetoid or dyskinetic symptoms. These include difficulty swallowing, involuntary bodily movements, an inability to maintain proper posture, low muscle tone, and slurred speech.

  • Ataxic cerebral palsy

Like athetoid and dyskinetic cerebral palsy, roughly 10% of people suffer from ataxic cerebral palsy. People who experience ataxic symptoms suffer from ineffective depth perception, difficulties with coordinated muscle activity, distorted balance, and tremors.

  • Spastic cerebral palsy

Most individuals who suffer from cerebral palsy unfortunately experience spastic symptoms. About 80% of all people diagnosed with cerebral palsy have spastic cerebral palsy. If your child has spastic cerebral palsy, they may experience impeding difficulties when trying to transition between movements or activities, and when trying to hold onto objects.

What is the Connection Between Birth Injuries and Cerebral Palsy?

Because many children first show signs of cerebral palsy while they’re still infants, and because cerebral palsy occurs from injuries that result from neurological trauma before, during, and immediately after birth. Cerebral palsy is caused by many factors, but a few can be directly linked to birth injury. These include:

  • Failure to order a timely cesarean section, depriving the baby of oxygen and damaging its brain
  • Failure to treat a detrimental infection
  • Failure to treat or ignoring signs of meningitis
  • Failure to treat jaundice
  • Failure to discover prolapsed umbilical cord
  • Improper use of forceps or vacuum extractor during birth

These and other medical malpractices can cause your child and your family to endure lifelong suffering. That’s why you should contact an experienced birth injury lawyer in the Washington, DC area or wherever you live. The lawyers at Cohen & Cohen P.C. are some of the most effective personal injury litigators in Washington DC, Maryland, and Virginia. The lawyers at Cohen & Cohen are A.V. rated experts who can help you seek the justice you deserve for the unfortunate cerebral palsy birth injury that your loved one recently experienced.

Dealing With an Erbs Palsy Birth Injury in Washington, DC

erbs palsy birth injury attorney washington dcWhen you are expecting a child, you probably already know that not every aspect of your mothering process will go precisely according to your plans, despite your best intentions. You’d never imagine you’d need an Erbs Palsy birth injury attorney. While we want and pray for all children to be born in good health, this is unfortunately not always the case. However, when a baby is born with birth defects, it is rarely the fault of the mother or father. In the event that your child was born with an impairment, and you are confident that you are not at fault for their injury, contact a qualified birth injury lawyer in Washington, DC today for a free consultation.

One of the most debilitating birth injuries that your child may incur is Erbs Palsy. Erbs Palsy is a condition that stems from injury to your child’s brachial plexus. The brachial plexus is a grouping of nerves which spans from the spinal cord to the shoulder and which controls arm, shoulder, and hand functions. Brachial plexus injuries occur during childbirth if a infant’s neck is overly stretched, causing the child’s nerves to stretch with it and sometimes tear or rupture. If your child is born with Erbs Palsy, they will likely have limited to no control of one of their arms and its related joints. Erbs Palsy can completely paralyze an arm, and even in mild cases it severely limits ligament function. If your child was born with Erbs Palsy and you believe that you are not at fault, contact a medical malpractice lawyer in Washington, DC today.

How do I know if my child has Erbs Palsy?

If your child has limited or no ability to grip with one of their hands, and if one of their arms does not have full and proper mobility, then your child may have Erbs Palsy. However the only person who can certify your child’s injury is their pediatrician, who will look for weakness in their arm or other physical determinations. If your child is diagnosed with Erbs Palsy, there is a good chance that you are not at fault, and that their Erbs Palsy may have been the result of medical malpractice.

What Caused My Child’s Erbs Palsy?

Erbs Palsy is relatively rare, so when children do appear to develop the condition it is frequently the result of medical malpractice. Instances of medical malpractice related to Erbs Palsy include:

  • Exercise of excessive force when attempting to deliver the child
  • Failure to plan for a cesarean section (C-section) when risk factors are present
  • Failure to prevent the infant’s shoulder from becoming caught on the mother’s pubic bone
  • Incorrect estimates of the child’s expected birth weight
  • Inappropriate reaction to birthing complications

While the doctor who delivered your child may know that their actions may have caused Erbs Palsy, you may not be aware of the steps that could have been taken to prevent this debilitating birth defect. Contact a qualified Washington, DC medical malpractice lawyer to obtain the fair reparations for your child’s unnecessary disability.