Condemnation

1. Will I receive proper notice of the government's intent to acquire my property?

Usually, yes. In some cases, a government agency, such as a highway department, makes a decision without public discussion about where to locate a road and which properties are to be taken. In other cases, the local legislative body, such as the municipal board of council, may make the decision at an open meeting. Ordinarily, there is no process by which an owner may participate directly in the decision to acquire property. However, in our experience landowners are typically notified by a government agency or utility once a decision to take has been made for the purpose of negotiating a price for the taking. It is at this point that we recommend you get an experienced condemnation attorney involved.

2. Should I get an appraisal?

An appraisal is an opinion of value given by an expert, typically a professional real estate appraiser. It is usually a good idea to obtain an opinion of value by a person with knowledge, such as a professional appraiser or real estate broker. Our law firm typically enlists the help of a qualified appraiser as a usual first step in your case. This will help you and your lawyer to determine the appropriate value to be put on your real estate, whether in negotiations with the government or in court.

3. Will the government take all of my property?

Often, particularly in transportation-related acquisitions, the government may take only a portion of the property, such as a certain number of feet adjacent to a right of way for a roadway widening. In such a case, the government must pay not only for the amount of property actually taken, but for the damage occurring to the remainder of the property. Frequently, the remainder of the property will become less valuable because of the loss of the part taken, such as because of loss of access or because the remaining property is less useful than it was prior to the taking.

Automobile Accidents

1. What should I do after an automobile accident?

There are some steps that you should take as soon as possible after an automobile accident in order to protect your rights. These steps are particularly important if you or a passenger in your car have been injured.
- Obtain the names, addresses and phone numbers of any witnesses.
- Report the accident immediately to the police and your insurance company.
- Cooperate with the police in preparing an accident report.
- Photograph the exterior and interior of the autos involved in the accident.
- See a physician if you are having any pain without delay.
- Get legal advice before filling out insurance documents or giving recorded statements to any insurance company or meeting with any insurance company representative.
- Photograph your injuries.
- Gather all automobile insurance policies in your household for evaluation by an attorney.
- Get legal advice before signing any check or document from any insurance company.

Call our law firm for a free consultation if you do not have an experienced personal injury attorney.

2. Why should I talk to an attorney after an automobile accident that injures me or members of my family?

You should talk to a lawyer and a law firm that has the experience, dedication and ability to maximize your compensation and minimize the frustration, delay and confusion that you will experience in making a claim for an injury.

3. What are the typical issues that I will face in making a claim for my injuries?

A claim made against another driver or vehicle owner is called a tort claim. It is usually based upon the concept of carelessness or negligence although it can also be based upon an intentional or reckless act. Lawyers know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:

1. Liability
2. Damages
3. Insurance Coverage

Liability refers to the question of who is at fault and to what degree. This is a very important question or, more commonly, a series of questions. Did the other driver exceed the speed limit? Did you fail to stop at a stop sign? Were the brakes on the truck properly maintained? These are the kinds of questions that must be answered by solid proof. The insurance company defending your claim obviously wants to minimize or eliminate the fault of its driver and to maximize your fault.

Damages refer to the injuries or losses that were caused by the accident. You are only entitled to be compensated for those injuries and losses that were the result of the accident. This is where the detailed records and, if necessary, the testimony of your treating doctors become important. It is also the responsibility of your attorney to document the ways in which you and your family have been impacted, in the past and in the future, by your injuries.

Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several coverages is first in line. There are also efforts by the insurance company to deny or defeat coverage. And, where uninsured or underinsured motorist coverage (UM) is involved there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best no entered without a competent attorney.

Medical Malpractice

1. What is medical malpractice?

Medical malpractice is a negligent or careless act by a doctor, hospital, or other health care provider. It is the breach of the accepted standard of care that is recognized by other providers who are practicing with similar training in the same field of medicine. It can result from a failure to act or from acting improperly.

Examples would include: the failure to properly read an x-ray showing a cancerous tumor; the administration of an excessive dose of medication; the misdiagnosis of a life-threatening condition; surgery on the wrong limb; and failure to remove a surgical sponge at the end of an operation. There are many other circumstances of medical malpractice in the medical and legal literature.

2. When should I suspect that medical malpractice may have occurred?

Probably the most likely indicator that medical malpractice may have occurred is the dramatically different or unexpected result of treatment or surgery. An example would be serious brain injury following relatively minor surgery.

Another telltale sign is the failure of the provider to give a good explanation for a worsened condition of the patient or of the sudden death of the patient.

There are also instances in which nurses or doctors or other providers make critical statements of prior care. These statements sometimes turn out to be accurate indicators of medical malpractice even though they may never be repeated in a legal setting.

3. Are there some common patterns of medical malpractice?

Yes, certain common patterns seem to occur more frequently than others. However, there are situations that do not seem to fit any pattern.

A few of the common patterns of medical malpractice are the following:
1) failure to diagnose a condition or to diagnose a condition in time to treat it
properly;
2) failure to treat a condition properly;
3) failure to monitor or observe the patient;
4) failure to perform surgery properly;
5) failure to order necessary tests; and
6) failure to consult with specialists.

4. How can I determine if a doctor, hospital, or other health care provider has committed medical malpractice?

It is extremely difficult for a patient or the relative of a patient to determine on their own whether or not medical malpractice has occurred. This is true because of the complexity of the medical and legal questions that must be answered.

If there is a suspicion that medical malpractice has occurred, it is advisable to consult with an attorney experienced in medical malpractice. This consultation is usually without charge. By the end of the consultation, the attorney is usually able to answer the first question that should be asked, does this situation (including the injury or death) justify further investigation into the possibility that medical malpractice has occurred? In order to answer this question the attorney calls on his or her knowledge of the law of medical malpractice and the types of claims that have a reasonable chance of success.

At the conclusion of the initial attorney consultation, it is common for a plan of action to be set in motion for the further evaluation of the potential claim. This may include obtaining all relevant medical records and the selection of a medical expert or experts to provide important opinions concerning the standard of care and the injury or death.

5. Should a claim for damages be made for every act of medical malpractice?

Unfortunately, not every act of medical malpractice justifies the filing of a formal claim for damages. It is advisable to discuss the potential benefits of a medical malpractice claim with an experienced attorney in order to weigh them against any downside risks and disadvantages.