This is a great and pertinent question that most people don’t ask often because they don’t anticipate the need for a caretaker after suffering an injury as a federal worker. Caregivers are particularly useful and sometimes absolutely necessary if you suffered a disabling injury, or your condition has left you bed-bound.
OWCP provides something known as Attendant Allowance which is a stipend that helps support your needs when you cannot take care of yourself or need help getting to medical appointments, tasks around the house and so on.
In order to qualify for Attendant Allowance, you must have suffered a work-related occupational illness or injury which precipitates your needing daily living assistance. In addition, this illness or injury must be so severe that basic living functions cannot be carried out without assistance – functions like feeding, bathing, dressing, driving or moving around. Your physician must also recommend or suggest the need for an attendant in your file, and this must all be approved by OWCP.
It is important to note that these costs must be approved by the OWCP, so the process must start by your submitting a written request to have an attendant help you around the house and drive you around. When submitting this request, ensure that you provide medical documentation rationalizing your request. OWCP will review this and then determine what level of care you require, after which they will release the funds into your account from which you will arrange for said care.
This is a great question since medical treatment forms the cornerstone of federal workers’ compensation. It is vital to note that your choice of physician is regulated or controlled up to a certain extent. However, upon filing an injury report, you can choose your own doctor so that medical care can begin immediately. In addition, you can choose a clinic, ER or hospital, as well as any other medical provider as long as they possess the necessary qualifications. During this stage, you’re free to choose these facilities and health providers without getting approval from OWCP.
However, all future medical appointments and procedures after the case is accepted must go through OWCP particularly when you are looking to change hospitals or medical providers. This approval may be given only if you have a reasonable and valid reason for the change in providers, such as needing to consult with a specialist to get to the root of your injury or health condition. We must emphasize here that you must wait for OWCP’s physician or health provider’s change approval before you start seeing them because if they do not approve, they may not pay for this new service.
In some cases, your condition or injury may require a second opinion. This evaluation will be authorized and paid for by OWCP as having this second opinion helps with legitimizing your claim. Unfortunately, this will be a doctor of their choosing.
Proper and comprehensive medical treatment is essential when it comes to navigating the sometimes complex world of federal workers’ compensation. We have all the resources and knowledge to help you make good health decisions going forward, so it is important to not only liaise with your OWCP claims examiner, but also with us, your federal workers’ compensation attorneys in order to not only receive quality healthcare, but also make sure that your life continues on, undisrupted from this major life health event: call us NOW at 312-444-0214 for more info.
This is a great question because some injuries may be so severe or catastrophic, that returning to work may be out of the question, such as injuries that have to do with paralysis or the spinal cord, or illnesses such as a metastatic cancer, blindness, or end stage kidney disease. In such instances, FECA has in place set rules to help bridge the gap between your injury or health condition and your ability to financially take care of yourself.
Injured federal workers who suffered a total disability will be eligible for permanent total disability benefits, or PTD. In addition, you will continue to receive these benefits until you’re eligible for retirement or as long as your doctor maintains your restrictions, the Agency cannot accommodate, and you are not a candidate for vocational rehabilitation.
Depending on your health condition as an injured or sick federal worker, you may also become eligible for vocational rehabilitation as mentioned above, which is an OWCP program meant to ensure you remain gainfully employed without aggravating your injuries or health condition. Within this program, you can expect job counseling, assistance finding a new job position as well as retraining in order to help you transition into your new responsibilities. Vocational rehabilitation is specifically targeted towards injured federal workers that are unable to return to their previous job and position, and it is a prerequisite for individuals that want to continue receiving wage loss benefits.
A permanent impairment that makes it impossible for you to resume working will make you eligible for a schedule award which is paid out according to impairment severity of the limb or body part affected. It is also important to note that these schedule awards are paid in concert with permanent total disability benefits and all other vocational rehabilitation benefits. However, you do not want to request a scheduled award if you are still receiving wage compensation benefits from OWCP.
Additionally, if your condition or injury is so severe that a return to work is virtually impossible, going into retirement so that one can receive federal worker employee retirement benefits is an option. This provides financial stability that can last decades depending on your age at the time of injury or contraction of occupational disease. However, sometimes it is better to stay on workers’ compensation as long as possible since it generally pays the injured worker more monthly. We can discuss the positive and negatives of each option and help you make an informed decision on what is best for you.
If you’re a federal worker that’s suffered a permanent injury making you unable to work, don’t go it alone, and don’t be discouraged: we can help streamline the benefits process for you and shorten the time it will take for you to receive them: simply call us at 312-444-0214 to speak with one of our experienced and friendly federal workers’ compensation attorneys.
Retroactive payment of injured federal worker benefits is a real possibility in some cases. Retroactive payment of benefits means that you may be able to receive benefits from a designated past date, and not just from the day of your claim’s first approval, or the day that you first requested them.
Retroactive payment can help provide much-needed financial relief, and even get you out of debt or repair your credit score if you took out loans to pay for treatment and cater for your daily living expenses and bills, and even bring you back from near-bankruptcy since you’ll be able to use these funds to get out of the financial hole costly medical procedures and care you may have needed in the interim put you in.
In order to qualify for retroactive payments as an injured federal worker, the following must be present:
You must get our case accepted as a valid workers’ compensation claim and you must provide medical documentation that you were unable to work because of the accepted conditions for the requested period.
Calculating retroactive payments for injured federal workers is done by OWCP, who will determine when you became eligible for your benefits by examining when the condition or injury actually happened. Calculations include things like medical expenses and compensation for wage loss, and once this amount is determined, it will be paid as a lump sum, and will not be combined with your ongoing benefits.
Remember, retroactive benefits can happen especially if you were unable to report your injuries in a timely manner due to one reason or another, such as being in a coma, not being in the right frame of mind, dealing with the trauma and resultant depression of your injury, OWCP’s delay in accepting your case, or any other reason that OWCP deems valid.
While not common, your employer may cast aspersions on the legitimacy of your claim. This may seem like an act of bad faith, but in some cases, they may have a valid reason, especially when many individuals try to game the system in order to receive benefits for an injury that simply didn’t happen due to a work-related activity, or those with a history of applying for benefits on a suspiciously regular basis. It is important to note that this can be resolved by working with us, your best federal workers’ compensation attorneys, so give us a call at 312-444-0214 and we’ll look into your case’s particulars – the call is 100% FREE.
To begin with, employers often dispute your claim for the following reasons:
According to FECA legislation, an employer who disputes their employee’s injuries or health condition must do so in writing within 10 days of your providing them with notice regarding your injury.
OWCP will then review your claim, gather medical evidence as well as any other relevant paperwork such as pay stubs, receipts for medical procedures, transport receipts and so on from both yourself and your employer. Armed with this information, they will then determine if your employer’s dispute has merit.
In case they rule in favor of your employer, all is not lost: you can always appeal OWCP’s decision. Often times, an employer’s dispute does not rise to the actual legal standard of a controverted claim and we can evaluate this and detail it for the Claims Examiner. The entire process is overseen by OWCP, and it can be long and arduous, which is why we always recommend working closely with our experienced injured federal worker attorneys in order to expedite the whole process – simply call our experienced federal workers’ compensation attorneys for your FREE consultation.
FECA is a piece of legislation that was instituted at the turn of last century which is meant to cater to the legal needs of injured federal workers. It set the stage for the creation of the OWCP or the Office of the Workers’ Compensation Program, which informs the injured federal worker the necessary steps to take in order to recover compensation. In short, FECA protects your rights and access to compensation if you suffered an on-the-job injury as a federal worker.
Anyone who is an employee of the federal government and works under its many arms is covered by the FECA program. Some of the biggest groups of federal employees we work with include civilian federal employees, postal workers or USPS workers, individuals in the department of defense as well as forestry and maritime workers. When it comes to the injuries and illnesses we commonly help seek compensation for, any form of physical injuries such as those that involve slips and falls, back injuries due to carrying heavy loads, nerve injuries, burns, broken bones, lacerations and traumatic brain injuries. In addition, workplace exposure to toxic chemicals or hearing loss due to unreasonably loud environments, carpal tunnel, shoulder injury or rotator cuff tears and tendinopathy, dogs bites and so on. In addition, any infectious diseases that are contracted in the line of duty, coronavirus, mental health conditions such as depression, anxiety and PTSD are also covered under the FECA program.
The first thing you’re required to do is inform your employer by providing them with official notice regarding your injury. Please note that this notice should be given within 10 days of you having learned of or sustained this injury. However, this reporting requirement is not a barrier to filing a claim if you miss it. Next, you want to make sure you seek immediate medical attention, and as you do so, complete forms CA-1 or CA-2: the first one should be completed by those that sustained traumatic injury, while the second, individuals who sustained or developed an occupational disease.
As you seek medical treatment, make sure the entire process is backed up by objective medical treatment from a doctor (not a physician’s assistance), and if there were any workers who witnessed your injury or were privy to your occupational disease, ask them to write a witness statement.
Next, the submit form CA-1 or CA-2 will be sent to your employer, who will then submit their portion to OWCP for review. OWCP will consequently determine if you are eligible for injured federal worker benefits. Please note that should OWCP reject your claim, we can help you appeal the decision to get your case accepted.
An acceptance entitles you to a range of benefits, with the first one being cost of medical care so you are able to seek comprehensive treatment for your injuries or occupational illness. This may include things like surgery, doctor visits, physical therapy and so much more. In addition, you’ll get back the wages you lost out on due to being out of work as a result of your injury or illness, known as wage-loss compensation. Injured workers who may have suffered severe or catastrophic injuries such as spinal cord injury, loss of a limb, traumatic brain injury, or cannot return to their prior job may be entitled to accommodations or vocational training to assist with their attempt to return to work. Last but not least, schedule awards are available for those that suffered a permanent injury or lost a limb or any other body part that is included in the statute.
In order for OWCP to consider your claim after suffering an injury as a federal worker, you will have to provide them with medical documentation as well as either form CA-1 or CA-2 depending on injury or illness. These documents are then reviewed to ensure their completeness, and after verifying your employee status as a federal worker, an examiner will determine whether there is a direct correlation between your injury and the performance of work duties that led to said injury or illness. Upon acceptance of your claim, you will be provided with authorization to seek treatment as well as any compensation deemed necessary such as wage loss benefits. If OWCP rejects your claim, they will offer reasons behind their rejection; that said, you can always appeal this rejection.
Some of the most common factors that will determine whether you will receive an acceptance or denial include your employment status at time of injury or illness, the existence or lack of a causal relationship between injury and the work activity, the existence or lack of medical documentation as well as the language contained therein, whether you had a pre-existing condition at the time of your injury, whether the injury was reported in a timely manner, and comparison with other similar, past cases handled by OWCP.
Wage loss benefits form a cornerstone of federal workers’ compensation because an injured worker will depend on this income to make sure that they have food on the table, pay their bills, as well as a place to live.
Calculating wage loss benefits first begins with looking at what you used to earn prior to getting injured, taking this figure and then multiplying it by 66 or 2/3rd of a percentage of your regular pay rate. However, this figure can be up to 75 percent of your earnings if you have dependents such as children, spouse, parents you take care of and so on. OWCP considers things like what you earned 52 weeks leading up to you injury, keeping in mind any increases you earned during this time. However, if it is determined that you can carry out light duty such as clerical work, your wage-loss benefits may be reduced.
The answer to this question is an absolute YES. FECA and the office of the OWCP takes into account any preexisting conditions, and does not disqualify you from compensation as a result of this. That said, FECA requires that you show, using objective medical evidence, that your condition was exacerbated or made worse by a work activity. In addition, compensation is available even if you had no visible symptoms of the preexisting condition, but then developed these symptoms as a result of the disabling or injurious work condition.
As always, you must initiate the process by letting your supervisor or employer know about this worsening of a preexisting condition, after which you will either complete form CA-1 or CA-2. Next, you want to make sure to provide medical proof in the form of documents with a doctor’s prognosis, treatment and related notes. To be considered for this claim, ensure that the doctor provides a detailed and objective medical assessment showing the connection between your job duties and the aggravation or worsening of your preexisting condition. After you’ve received this medical proof, send it along with your claim form to OWCP who will then assess your file to determine whether you have a legitimate claim. Once approved, you’ll be able to access benefits such as wage-loss pay as well as cost of medical treatment and so on. As with all claims federal workers’ compensation, medical evidence will take center stage in the determination of your claim’s eligibility. Also, if you wish to obtain our assistance with your claim, we can evaluate all medical for sufficiency before it is submitted to OWCP for review.
In some instances, you may experience a worsening of your condition or original injury due to factors beyond your control, and despite comprehensive medical treatment. In such instances, you must let your employer or supervisor know, and then begin filling in form CA-2a if you experienced a recurrence of your original injury, or your occupational disease, respectively. As always, medical evidence is key in these cases, so make sure that your doctor completes an objective written medical assessment going into detail about your condition’s recurrence as well as their objective medical opinion on how this recurrence is related to the previous and original injury or illness. Often, this is where the medical providers request assistance from our office.
Once OWCP receives your documentation, they will assess the evidence and determine whether or not there is indeed a causal relationship between your recurrence and the original condition. They will then either approve or reject your new claim, which if approved, you may receive your wage-loss, as well as the cost of any additional medical treatment you may require going forward.
Injured federal workers working overseas are also eligible for claims benefits even when they are outside the country. This program gives them access to wage-loss benefits, reimbursement or paying of their medical costs as well as the cost of their rehabilitation and job placement, if deemed causally related. FECA and OWCP will work closely with local healthcare providers as well as help these overseas federal workers access paperwork needed to file a claim, and even help them with any translation of said documents if needed. OWCP also makes it possible for injured federal workers overseas to have access to any counseling services which has been shown to help workers cope with the unique mental challenges associated with working overseas on federal assignments.
Your family members may also receive support for any travel expenses as well as any accommodation should you need them to be close to you during the ordeal. If the overseas injured federal worker has suffered a catastrophic injury or has experiencing a worsening of their occupational illness, transport and repatriation services will be made available so they can access specialized treatment. OWCP is in the end committed to ensuring that federal workers in overseas posts receive the same level of care as those working in U.S. soil.
Absolutely: injured federal workers can receive compensation for their injuries under FECA. However, there are specific requirements that must be in place in order to receive benefits. To begin with, the sports, social or team-building activity must be either put up or sponsored by your employer for the express purpose of creating a cohesive work environment or as a means of teaching federal workers key skills that will then be used to enhance their work performance.
In addition, your participation must be required as part of your job duties by your federal employer, and your injury must have a direct connection with the social or team-building activity, and there must not be any negligence on your part which could have caused the injury. In addition, the activity must have happened during compensable work hours and be reasonably expected to be part of your work-related schedule. Lastly, it must be shown that the activity involves or encompasses your work duties. If you meet the requirements above, then you may become eligible for wage-loss benefits, the cost of medical care, rehab costs and so much more.
Federal workers in high-risk occupations put their lives on their line for the American public, and as such, are provided with the needed care should they get injured, with the first specialized form of care being injury presumption due to the very nature of their jobs. OWCP presumes that conditions such as respiratory issues like bronchitis, various cancers due to toxic chemical exposure as well as heart disease due to working in high stress, high pressure environment.
This is put forth by 20 CFR § 10.115(c), which is a piece of legislation that individuals working in federal law enforcement, firefighters, air traffic controllers, and nuclear materials handlers are covered by, making it easier for these individuals to receive compensation under FECA.
If you’re a civilian member of federal law enforcement or a firefighter and it is discovered that you won’t be able to return to work on account of a permanent injury or long-term, chronic illness such as COPD or cancer, you may be provided with vocational rehabilitation services as well as have access to retraining so you can work at a position that can accommodate your present condition.
The idea here is to make sure that you are still able to maintain your benefits and income so you can live a life of dignity and productivity as a member of the federal workforce. Our law firm is able to provide you with assistance if you’re an injured federal worker that works in a high-risk occupation, shortening the time between your injury and your access to your legally mandated benefits.
This is a very unique situation with a lot of caveats. Typically, federal workers are not entitled to compensation for injuries sustained while commuting, also known as the “going and coming” rule. This is because this time is typically not used to perform work-related duties. However, as with anything in life, there are exceptions, as we’re about to see. Injured federal workers may be eligible for benefits if they had been tasked to perform special errands for their employers and then got injured while in transit. In addition, compensation for your injuries may be availed if you were using transport provided by your employer, or if they reimbursed you for your transport costs. On top of that, if your federal employer has a different work location that you commuted to, or a commuting work place they control, compensation for your injuries may be available. That said, 5 U.S.C § 8102(a) requires that you show your injury or illness happened in the course of your employment, and this includes those that occur while commuting or traveling.
OWCP is a program that is meant to bridge the gap between your injury and your return to work. Therefore, except in special circumstances such as the occurrence of a permanent injury, loss of limb or a chronic illness, the FECA program does its best to ensure you receive comprehensive treatment so you can resume working. Vocational rehabilitation is a process by which injured federal workers are provided with specialized training and advise meant to reintegrate them into federal employment with their original employer or find them a position that is in line with their injuries.
Light Duty or Modified Work is a component of federal workers’ compensation where you, the injured federal worker, are offered assignments or work duties that do not put strain on your injuries or illness so that you can continue working or earn a living wage, as stipulated by 5 U.S.C. § 8106(c). legally, your employer is required to work intimately with OWCP to ensure that this happens seamlessly, and your employer is legally required to make reasonable accommodations to make this happen, such as buying, for instance, an ergonomic desk and chair, installation of wheelchair ramps where possible, situating you in an area that is quiet and low stress if you were diagnosed with PTSD, anxiety or depression, as well as relieving you from package carrying duties if you are an USPS worker that suffered a spinal injury and instead relegating you to inventory tracking in an office. However, none of this is obligated by the employer until your workers’ compensation case is accepted by OWCP.
Stress and mental health have become monumental concerns and topics over the last 5 years especially in light of the coronavirus pandemic. FECA and OWCP appreciate and understand the importance of having happy and well-adjusted federal workers, and as such, have put in place programs to alleviate as well as compensate workers for any stress-related or mental health claims arising out of work circumstances. For instance, 5 U.S.C. § 8101(5) includes mental illness as a form of injury as long as it was exacerbated or initiated by a work circumstance.
That said, the burden of proof lies on you; you must demonstrate a causal relationship between your injury and the specific work factor that caused it. In addition, you’re required to put forth medical evidence as well as an official medical diagnosis. OWCP will provide compensation for work factors such as overwork, work-related harassment, unreasonable work demands, as well as witnessing or becoming the subject of a traumatic work event. Objectivity is key when it comes to these claims, so make sure that your psychologist’s or psychiatrist’s assessment mentions this. Remember, you don’t have to suffer silently and experience diminished mental health: help is at hand; simply reach out to us for assistance with filing these types of claims.
It is important to note that timeliness is a cornerstone of workers’ compensation program, so timely filing may mean the difference between receiving compensation and getting your claim denied. To this end, make sure that you file Notice of Injury or Occupational Disease within a month of your injury happening, or the date which you first became aware of your injury. In addition, you’re required to file form CA-1 or CA-2 within 3 years of your injury date or the date which you first became aware of your injury. If you have an underlying or latent condition, the clock starts ticking from the day you became aware or should have been reasonably aware of this condition being caused or aggravated by work (such as cancer, or a mental health condition such as epilepsy, bipolar depression or schizophrenia).
Thanks for taking the time to listen to some of the answers to frequently asked questions posed by injured federal workers. Please, feel free to reach out to us for more assistance with starting the process of filing your claim as an injured federal worker. Thanks for choosing McCready Law.
Medical malpractice is simply a fancy term attorneys use to describe a case where a patient got injured due to the negligence of a healthcare provider. When you seek medical attention, the last thing on your mind is the aggravation of your original condition. Doctors, nurses and other healthcare providers take a medical oath known as the Hippocratic Oath which implores them to do no harm to their patients. In addition, these professionals undergo years of rigorous training in order to ensure they are competent enough to provide excellent medical care to all, in an equitable and consistent manner. Therefore, if an injury occurs due to negligence, you can almost always lay the blame on them as nothing happens in a vacuum, and almost all negligent actions can be attributed to human action, or lack of thereof.
In order to have a valid medical malpractice claim, it must be established that there was a doctor-patient relationship, as this established something called duty of care. This can be shown by the production of medical slips, receipts, appointment and prescription notes, and so on. Any injury claim is predicated upon the breach of duty of care, which is where we come in. we help build a case on your behalf where we show through a preponderance of the evidence how a physician’s actions led to a breach in their duty of care towards you. In addition, you must have suffered injury that can be compensated by way of damages such as lost wages, cost of additional medical care, pain and suffering and so on.
Choosing the right medical malpractice attorney must be done with great care as it might make or break your case. With these kinds of claims, the stakes are high, and your health and wellbeing hang in the balance. If you’ve never done this before, you may be wondering how you can avoid making the wrong choice. The first thing to ask the attorney is whether they have experience and a proven track record when it comes to handling these types of cases. This is because these cases carry with them unique legal requirements as well as complex evidence that can stand up to scrutiny, something your average injury attorney may not be aware of.
In addition, your ideal medical malpractice must have experience working with experts in the medical field as well as access to a network of the same since these respected professionals will be able to provide objective medical analyses of your injuries that can be the difference between receiving, for example, $5000 for your health complications, or $50,000.
On top of that, even though attorneys do not have medical degrees and may be considered laymen in this subject area, your ideal medical malpractice attorney must have in-depth knowledge of your health condition or injury, and this can only come with past, extensive experience handling these types of claims. This consequently provides them with a firm grasp of your case, making it possible for them to provide an educated opinion on what your medical malpractice injury claim is worth. Next, even though most claims never get to trial and settle out of court, going with an attorney with trial skills is always advisable in the event that your case takes this route. Jury verdicts come with substantial settlements, and a medical malpractice attorney with trial experience can recover this for you.
Medical malpractice cases can be complex, and as such, it is asked that clients exercise patience. However, these cases often have the potential for substantial compensation, especially if you suffered irreversible and catastrophic health complications or injury.
The first stage involves the initial consultation and case evaluation, a process where you meet with your attorney in order to discuss the particulars of your case and determine whether you have a valid claim. The attorney, during this phase, will consult with expert witnesses as well as take a look at your medical record and then provide you with an assessment regarding the viability of your claim. This process is expected to last anywhere between 1 to 2 weeks.
The next stage involves the preparation and filing of your law suit, and this generally includes the drafting of all lawsuit documents and their filing with the courts. The complaint forms the nexus of these documents as it provides the courts as well as defendant’s representatives with the medical malpractice allegations as well as the damages you’re seeking. This process can take anywhere from 2 to 4 weeks.
Next, we have discovery, which involves the exchange of documents between the two parties, depositions, and the gathering of evidence which forms the foundation of the case. Depositions can be extensive, and as such, discovery can take anywhere from 6 to 12 months.
The fourth stage is the settlement stage or preparation for trial. Depending on the outcome of discovery, both parties may agree to settle out of court, which is ideal in most cases as it eliminates the need for expensive and drawn-out litigation, and settling can take 3 to 6 months.
Finally, trial and verdict happens when parties are unable to agree on a settlement. Often, insurance companies will refuse to pay out settlements in high stakes cases because they believe that the claim isn’t worth what we are asking for on behalf of the client. Most of the time, they are wrong. In such cases, we will prepare your case for trial, which will culminate in a judge or jury rendering a final verdict. Trial typically takes 2-4 months.
Even though this entire process may seem exhaustingly long, it is necessary to ensure that you receive compensation that is commensurate with your injuries. Overall, you can expect the process to take up to 1 to 2 years from beginning to end. Finally, please note that these time estimations are approximates and they are not set in stone, and that each case is unique, so yours might take a shorter duration or longer, depending on the particulars of your case.
Medical records are a pivotal part of any medical malpractice claim. In fact, one could argue that up to 70 percent of the viability of your case and your ability to recover damages will hinge on your medical records. To this end, you must do everything in your power to secure your medical records. If this is your first time filing such a legal claim, it is important to note that your medical records are sacrosanct, or cannot be shared by any third party without your consent. To this end, you want to start by contacting all providers that provided treatment to you shortly after suffering your injuries. This can include clinics, hospitals and ER centers, physicians and so on. Next, you want to submit record release authorization forms to these entities so that these healthcare providers can release said records.
The third step involves having us, your chosen medical malpractice attorneys submit your formal requests for your medical records to every entity that was involved in your treatment. It is important to note that these requests ought to be detailed and exhaustive, asking that the healthcare providers furnish you with labs, imaging results, and so on in order to build a strong case.
Next up, we will follow up on these requests so that they are provided to us in a timely manner so that any filing deadlines are not missed so your claim is not jeopardized. Once we receive this information, we will review them to verify that there is indeed evidence of medical malpractice or negligence, and shall be chronologically organized so that we can comb through them exhaustively.
Last but not least, our attorneys will liaise with our network of medical experts so that a thorough review of the records can be performed and expert assessment is made to strengthen your case. At the end of the day, we want to make sure that your medical documentation is complete and watertight so the integrity and legitimacy of your claim cannot be questioned.
Damages in medical malpractice can be all-encompassing. This is because the law works to make you whole again in a manner that is both reasonable and exhaustive. The idea here is to make sure that your life is not interrupted by the negligence of a defendant, and if it is, you are returned to a state that you previously were in prior to your injury or condition. To this end, you can recover different forms of damages, with the first one being loss of earning capacity, or lost wages. This refers to income you lost or forewent as a result of your injuries caused by the healthcare provider’s negligence. If your case involves a permanent impairment or disability, you may also be able to collect for future earning capacity.
Next, pain and suffering is a form of damages attributed to personal injury lawsuits and this refers to any emotional distress, physical pain as well as diminished quality of life that can be attributed by the fallout of the negligence which caused your health injury or condition. Just like with lost wages, pain and suffering damages takes into account future states and the pain you may have to endure in your life going forward.
Third, is disfigurement and disability. Far from being vanity, our looks and the way we present ourselves to the world is a key part of our self-esteem or self worth. Diminished self-esteem can have a knock-on effect on all aspects of our lives, from our health, to work performance, as well as interpersonal relationships. Therefore, a monetary value can be apportioned to this form of suffering which can go into paying for assistive technology such as wheelchairs, crutches, braces as well as therapy and even reconstructive surgeries.
Loss of consortium is also another form of damages you can recover and this is defined as the loss of support, companionship and intimate connections you would have continued you have if the injury did not have happened.
Lastly, punitive damages are monetary payouts that will be awarded if it is determined that the healthcare provider acted in a manner that was particularly egregious or reckless and with wanton disregard for your safety in order to prevent such behavior from the provider and others by sending a strong zero tolerance message.
We get it. You may have consulted with friends or even spoke to a few lawyers and were daunted when you heard about the high fees that medical malpractice attorneys charge. Consequently, you may be thinking of self-representation in order to save on the costs of hiring an attorney. While this is technically possible, we don’t recommend that anyone do this due to a number of reasons.
For starters, hiring an attorney will give your case access to medical experts whose opinions are highly valued in a court setting or by the insurance companies. These are highly trained individuals that have handled such cases and are able to provide unassailable expert testimony on how your injuries were proximately caused by a healthcare provider, resources you wouldn’t have access to if you chose to represent yourself.
In addition, attorneys are highly skilled when it comes to negotiating with insurance companies as well as other parties that may have numerous legal tricks under their belts which they won’t hesitate to use in order to invalidate or cast aspersions on the legitimacy of your claim.
Self-representation in medical malpractice claims is never a good idea since you may not be able to adhere to strict deadlines or even be aware of these procedural requirements in the first place. Missing out on a filing deadline or filing past the expiry of statute of limitations can result in case dismissal. Therefore, an attorney will be on top of these deadlines, ensuring timely filing of all documents.
Last but not least, the experience that a medical malpractice attorney has will enable him to quote case law, navigate statutes and apply the law to your case in ways you never would have considered due to the simple fact that you did not go to law school, and they did. Their track record will also finally display a competence that you will not have, representing yourself and most likely, bungling your own case. Have a claim? Leave it to us to get you the best possible outcome and compensation for your medical malpractice claim.
No parent wants their child to be the victim of injury by a medical professional. Unfortunately, in this imperfect world, these things happen, and it’s up to you to fight for their rights such as in the case of birth injury or complications of a botched, routine surgery such as an appendectomy. The first exception with regard to medical malpractice cases involving children includes the extension of the statute of limitations, which loosely defined is the time period within which one must file a claim or lose the right to do so. In many states, the statute of limitations doesn’t begin to kick in until the child reaches the ages of 18 to 21 depending on the state.
In addition, damages for cases involving minor may take into account the child’s potential future earnings taking into consideration their health, intellectual disposition and overall health, particularly if the child suffered a disabling injury such as cerebral palsy, traumatic brain injury, loss of a limb, loss of eyesight and so on.
On top of that, medical providers are held to a much higher duty of care when treating minors and are mandated to ask for informed consent from their parents or guardians. They are also legally required to let these individuals know about the potential complications and risks that the medical procedure entails given the age of the minor and due to the fact that complications are more likely to occur in minors or the elderly.
Lastly, on top of an attorney, your child may be assigned a guardian ad Litem by the court to protect their legal interests for the duration of the suit or claim. All in all, minors and children are afforded special legal care in almost every state, done in an effort to get the best possible outcome without exposing them to the vagaries of a lawsuit.
While it’s technically possible to recover hundreds of thousands of dollars in medical malpractice claims involving catastrophic injuries or health complications, just about every state has capped the amount one can recover in these cases.
Typically, the amount of damages one can recover is capped in most states, and this amount rarely goes over $900,000 dollars except in cases of catastrophic injury, full paralysis and disability, or wrongful death.
However, in other states, there is a demarcation in the capping of damages such as non-economic and economic damages being capped different, or one of the two not capped at all. Over the last few years, attorneys have taken certain medical malpractice cases to higher courts and had these capped overturned due to the unconstitutional nature of said caps.
Still, damages may be ordered to be paid as installments or periodically compared to a lump sum payment, especially if the damages exceed a million dollars.
Well, the good news is that there are no upfront costs once you consult with an attorney in our law firm so they can handle your claim. This is because we are paid on something known as a contingency fee basis, which means that we’ll only recover our cost of representing you if we win your case for you and recover compensation on the same. This contingency fee is a percentage of your compensation, and this figure will be agreed upon by both parties before the commencement of the suit.
Legal costs are handled by the law firm, but certain things will need to be taken care of by you, such as court filing fees, expert witness fees and the associated costs of retrieving your medical records, which in general are very nominal or low. That said, you may sometimes be asked to assist with expert witness, and deposition fees, which are also pretty low. If we end up taking on to these ongoing costs, we will deduct them from the settlement at the end of the suit as agreed upon from the onset of the claim. Rest assured that our law firm will take up the bulk of the costs of filing and trying your case, leaving you to focus on more pressing personal issues
Timely diagnosis is key in the treatment of a patient so that they can make a sustained recovery from their condition. That said, just because your doctor failed to diagnose your condition in a timely manner doesn’t mean that you have grounds for a lawsuit. This is because of the fact that there must be a confluence of factors that must come together in order for you to have a valid claim.
The elements of any malpractice lawsuit is governed by the following elements: you were owed a duty of care by your healthcare provider, they breached this duty or standard of care, which led to your injury or condition, and that you suffered compensable damages as a direct result of this breach.
In order to establish the grounds of a claim, we must ask wheat another physician who is as reasonably skilled as your doctor would have done in such circumstances. As your medical malpractice attorneys, we must show that your physician’s actions were below this standard of care.
Lastly, if the doctor failed to diagnose your condition in a timely manner, but you never suffered any compensable damages such as lost wages, loss of consortium, cost of additional care and so on, you may not have a case. If you’d like more information on this, please reach out to us for an in-depth case assessment.
This is an interesting question. What most of our clients fail to realize is that these cases rarely go to trial, and if they do, they are typically settled out of court. This is because long, drawn-out litigation hurts both parties and does not necessarily lead to a favorable outcome. In most cases, settling is the reasonable thing to do. That said, there are terms and conditions that one must abide with if they accept a settlement.
For instance, you will sign a legal document agreeing to a certain lump sum payment in order to relinquish your right to bring forth a case at a later date. In addition, you will be asked to sign a document containing a confidentiality clause which bans you from speaking about the details of the payout and the case in any public setting. As mentioned above, you will also sign a document waiving your right to file future claims. Last but not least, you must be aware of your tax requirements as they relate to your settlement, and tax fees are typically handled by you, the plaintiff.
Insurance companies are not in the business of paying out claims, no matter how much they try to make you believe that this is the case thanks to their dozens of adverts on prime time television every day. They hire expert claims adjusters with years of experience and the know-how when it comes to shooting claims down.
Some of the tactics they use is questioning and denying the fact that there was a breach of standard of care, and this is done by calling forth expert witnesses that show there was no such breach and that the physician or health provider was working within this standard of care given their similar position as healthcare providers.
Claims adjusters will also question causality and state that your pre-existing medical conditions were the result of your health complications or injury, and not due to the actions or inaction of the healthcare provider.
In addition, they may even go as far as saying that you had some part to play in your own injury, quoting comparative negligence laws in order to reduce the physician’s liability to negligible levels.
Other adjusters may also allege that you filed the claim way after the statute of limitations lapsed, thereby invalidating your claims. In another twist, they may claim that your damages do not line up with the level of compensation you’re seeking, and even bring up an expert witness to discredit your account and request for compensation.
Lastly, procedural defenses may be used against you, such as questioning evidence in the case, and even the qualifications of expert witnesses we sourced to help bolster the legitimacy of your case. as a law firm, there is nothing we haven’t seen from insurance companies; luckily, we’ve won countless such cases giving us the confidence needed to stand up to the dishonest and unethical tactics often used by these mega corporations.
It is important to note that a person’s rights do not end when they die. Whenever there is negligence, their survivors are legally permitted to file a legal claim. That said, only certain individuals are provided this right. This typically includes immediate family members such as children, the wife or husband, or their parents. However, some states even allow close relatives such as grandparents, siblings and cousins to file this claim as long as they can show that they were financially dependent on the individual.
In wrongful death claims, you can recover burial or funeral expenses, loss of future income, loss of consortium or companionship, pain and suffering, and even punitive damages if the actions of the healthcare provider were particularly egregious. You have from 1 to 3 years of the demise of your loved one to file a wrongful death claim according to most states’ statute of limitations, so time is of the essence.
