DO I HAVE A CASE?
Do you find yourself asking these questions:
- My child is injured. Should I talk to a lawyer?
- My delivery did not go the way I planned.
- My child has been diagnosed with a brain injury, cerebral palsy, developmental delay, Erb's Palsy. How can I care for her? How will she be able to care for herself when I am gone?
- What happened? I can't get a straight answer from the doctors. They seem to be avoiding me. Do I have the right to know?
- Is it wrong to talk to a lawyer? I liked my OB and don't want to sue him.
- Is it wrong not to talk to a lawyer? Does my child have a right to know what happened when she is old enough to understand?
- Is it wrong not to talk to a lawyer? Does my child have the right to financial compensation for the injury she has suffered, and the financial struggles she will have in her life because of the injury?
- Should my child's rights be protected? Is it my responsibility to protect my child's rights since my child is too young to do so herself?
- Do all lawyers know the answers to these questions, or should I go to a specific type of lawyer?
- Just because a lawyer advertises on TV, is he the right lawyer to talk to?
The harm is done. Now, what to do. If you want answers to these questions, it is in the best interests of the child to get the answers. An experienced lawyer can help get you the answers to your questions. At the Hone Law Firm, we have been litigating cases involving birth injury and medical malpractice for a generation, twenty plus years. Be careful who you contact regarding your case. Many times the firm you contact may be simply a case broker, who advertises on TV, or has the website that lists all the states, etc... Obviously, that is a broker. What they do is turn your case around and sell it. This puts a load on the case that reduces the amount of time, money, and energy the lawyer that finally ends up with it wants to invest in it.
So this much we can assure you, we are the lawyers that handle these cases, and not simply case brokers. Now that we know you are in the right place, let's answer some common questions.
All it takes is a call. Act today, do not delay, because the evidence does not wait.
What will it cost to talk to the lawyers at the Hone Law Firm, www.honelawfirm.com?
Nothing.
The initial telephone conversation or meeting with the lawyers and staff at the Hone Law Firm is FREE. The parking is FREE. Depending on your circumstances the firm may pay for your gas, or cab. Lawyers or staff members may visit you at your home. An investigation follows the initial meeting to learn whether you have a case.
Someday your child will be an adult and want to know what happened. Only action now, on your part as a loving parent, can provide that. Talking to one of the lawyers at the Hone Law Firm is a good place to start. It doesn't hurt to ask.
WE WILL LISTEN TO YOUR CALL GENTLY AND HONESTLY. YOU HAVE MY WORD ON IT. EVERY QUESTION IS A GOOD QUESTION.
How will I know if I have a case?
The lawyer(s) will talk to you to get your understanding of what happened and the facts. The next step is to verify the facts, to know what happened. If the facts learned in the investigation show that the defendant (the doctor or hospital), was negligent, and that the negligence caused the injury, and the injury (the damages) is serious enough, you may have a case. It depends on the facts. The facts must be proven by the evidence. You will probably never know if you had a case, or what happened to cause your child's condition, until you talk to and hire an experienced lawyer to find out.
Why is it important to take action, to act today, not to delay?
Because the sooner the lawyer begins his investigation the sooner the evidence is learned and perfected. In other words, there is a family member who witnesses the labor and delivery. Unfortunately, it is a fact that memory fades over time. Usually, memory is best right after the observation. A year later the memory is not as good. This goes for the nurses and doctors too.
I can't afford a lawyer. How can I hire you?
Look, you do not have to pay any fees to the lawyer out of pocket. You only have to pay any fees for legal services if you win, and even then it comes from the settlement check and not from your pocket.
The contingency fee contract. You don't owe an attorney at the Hone Law Firm anything for legal services unless you win. Winning is settling the case for money, either before trial (most cases), or after a verdict at trial.
Why is the evidence important?
Simple. We have to prove the case, not them. The other side doesn't have to prove anything, and wants you to wait until memories fade and records age.
In a lawsuit and claim for damages, you are the PLAINTIFF. The plaintiff must prove the case. The way you prove your case is by showing EVIDENCE to support your case.
What is evidence?
Evidence is the documents, things or testimony (witnesses' memories) that proves what you are claiming occurred. The other side in the case has evidence to support their defense to what you are claiming. If you don't have the evidence, you lose, plain and simple. You need good evidence to win. The sooner you get the evidence the better. Again, I repeat because it is so important, the sooner you get the evidence the better. Evidence, evidence, evidence.
What should I bring to the meeting with the lawyer?
First, you will be asked what happened. The lawyer will help you organize your thoughts and go through a time line of what happened. The lawyer will help you understand what is important to proving your case.
Names, addresses, phone numbers of the doctors, hospitals, and witnesses are important so that the lawyer may speak with them or contact them. It is helpful to have this information. You want your lawyer working on proving the case and getting financial compensation for you, your child and your family, not looking up names in the phone book, or on Google.
Is it necessary to have all the documents and all the information on the witnesses before I talk to the lawyer?
No. Contact and establish a relationship with your counsel, the lawyer right away.
How does the investigation get started?
At the meeting the attorney will give you medical authorizations to sign and a contingency contract. The medical authorizations allow the attorney to get the medical records. The contract allows him to go to work for you. In Michigan, a contingency contract must be in writing.
What does the lawyer's investigation consist of?
The lawyer has to verify the facts. In other words, he has to prove the facts.
In a medical malpractice case, a case where you claim that a medical practitioner owes you money for the injury that has been causes by negligence, there are several key sources of information that the lawyer will get.
| - | Medical Records |
| - | Prenatal Charts |
| - | Labor and Delivery Documents |
| - | Fetal Monitor Strips |
| - | Placental Pathology |
| - | Nursery or NICU Records |
| - | Radiology, the MRIs, CT-scans, etc. |
| - | Diagnostic Testing, the Labs, EMGs, EEGs |
| - | Pediatrician Records |
| - | Neurologist Records |
| - | Therapy Records |
| - | Videotapes, Photographs |
| - | Records of Medical Care After Delivery |
| - | The Witness Memories of What Happened |
| - | The lawyer will review the medical literature about the issues revealed in the facts. |
| - | The lawyer then may contact medical experts, provide to them the records and witness statements, literature for an expert medical opinion. |
How long does the investigation take?
The lawyers at the Hone Law Firm can evaluate an Erb's case as soon as they meet you, see the child, and read the records. We can tell you immediately whether or not you have a case given the current trends and literature!
For other medical malpractice cases, it depends on the type of case, the facts, the severity of the injury, and the cooperation of medical institutions and witnesses. It may take a month or two for the hospital or clinic to provide the records pursuant to a request from a lawyer. IT IS QUICKER FOR THE CLIENT TO GET THE RECORDS THEMSELVES. However, this is not always possible. If you are a Medicaid recipient, you may get the records for free.
As soon as the lawyer has the medical records to review, the records are reviewed. In more common cases, such as ERB'S PALSY, CEREBRAL PALSY, the lawyers at the Hone Law Firm, www.honelawfirm.com, will be able to determine if you have a case based upon their own review of the medical records. In more complicated cases it may take 30 days or so to discuss the matter with medical experts to determine if you have a case.
IN AN ERB'S PALSY BIRTH INJURY CASE, THE LAWYER AT OUR LAW FIRM WILL PROBABLY BE ABLE TO TELL YOU WHETHER OR NOT YOU HAVE A CASE UPON THE FIRST MEETING AND UPON SEEING THE CHILD.
What about other types of cases? I trust you and I want you to represent me.
The birth injury case is one of the most challenging types of legal cases. Because birth injury lawyers are experienced in handling more difficult and complex cases, they are better suited to handle other types of cases.
What other types of cases can you handle for me, in addition to birth injury and medical malpractice cases?
- Nursing Home- Our medical malpractice experience is especially well suited for nursing home cases. Why? Because in Michigan, for example, more and more nursing home cases are being treated as medical malpractice cases.
- Auto/Trucking/Motorcycle Cases- Because we understand the medicine.
- Catastrophic Injury Cases- Again, we understand the medicine, and understand the presentation of damages, and the witnesses necessary to prove damages.
- Railroad, Maritime and Admiralty Cases- This may seem particular, but earlier in Attorney Hone's career he handled and became experienced in cases involving sailors and deckhands on the navigable waterways, the rivers, the Great Lakes, the gulf. Many of these cases involve the medical care and treatment provided by the boat or shipping company, and a medical malpractice attorney is much better suited to handle cases of this type.
- Social Security Disability- The attorneys at the Hone Law Firm began to get involved in these type of cases as a consequence of birth injury cases, getting the child benefits, or injured party benefits. Over time it became a service we can offer to our clients. Again, the special knowledge about medicine and injury that is gained by practicing in medical malpractice cases can be extremely helpful in winning your SSD case.
