In every type of lawsuit, a plaintiff (commonly known as the person bringing the case) must make certain allegations of fact against a defendant (the[…]
Do You Have A Case?
If you’ve been injured because of a professional’s failure to meet the accepted standard of care in their field, you may be entitled to compensation from the person or company that caused your injuries.
All professionals (doctors, lawyers, architects, accountants, etc) must meet “standards of care” in their work on behalf of clients or patients. Malpractice occurs when a professional fails to meet the appropriate standard of care. We work with our clients to evaluate whether they have been damaged by the action (or failure to act) of a professional and whether their damages justify a lawsuit.
Although each case is unique and must be individually evaluated, listed below are some examples of professional malpractices cases we’ve pursued:
- Sponge left in patient’s skull after surgery;
- Indiscriminate use of radiation
- TMJ surgery resulting in inability to open mouth
- Failure to diagnose Colon Cancer in a timely manner
- Prescribing the wrong antibiotic
- Failure to properly document terms of a commercial deal
- Failure to explain the meaning of a document to client before it was signed
- Missed statute of limitations, filed the case too late
- Settlement without all of the facts
- Stealing clients money
- Failure to discover employee theft
- Failure to keep proper records
- Failure to file proper returns
Finding an Expert
Determining if malpractice has occurred frequently requires the use of experts who are knowledgeable about the standard of care that applies to the particular lawsuit. Finding the right expert is one of the most important services we provide. We recommend working with experts who are active in their field and we perform a thorough search to ensure the individuals we hire have appropriate credentials for our case.
Damages can include reimbursement for the cost of the professional’s services as well as the value of the underlying work for which you hired the professional. For example if the malpractice is against a doctor, damages could include lost wages (both past and future), medical bills (again, both past and future), loss of enjoyment in life, permanent injury, and damage to property and other related areas.
In a legal malpractice case for a commercial transaction, damages would include putting the client in the place they would have been in if the lawyer had not been negligent. This would usually include the value of the bargain as intended, reimbursement for losses as a result of the deal, and reimbursement for any other “injuries” to the client.
Statute of Limitations
Every state has established time limits for filing lawsuits. These time limits depend upon such issues as when the acts occurred, when the damage was discovered, what the reasons were for any delays in discovering the damage, etc.
If you’ve been injured, don’t wait to call! The sooner you contact an attorney, the better able they will be to protect your right to pursue damages. If your case is not filed in time, you can lose all of your rights.
We generally accept cases on a contingency basis. This means we do not receive any fees for our services unless we recover money for our clients. When we win the case – either at trial or by settling out of court – our fees are deducted from the damages awarded.
Contact our Hartford professional negligence lawyers today to discuss your case.