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Frequently Asked Questions
Question: If you provide free consultations, how do you get paid?
Answer: When we investigate a case,
we do not charge you for that service. Oftentimes, we will investigate
a case and determine that we cannot pursue it any further. In those
situations, you do not pay us anything for the work that we have done.
If we investigate the case and it looks as if your case can be pursued
further, then we work on a contingency fee basis. This means that you
will pay us a percentage of the recovery, plus any expenses which have
been incurred. The expenses are related to costs to hire expert
witnesses, obtain medical records, and perform other functions to
pursue the case. Because we are a very large law firm, we will fund
the case if we choose to accept it. That means that we will not ask
you for any money up front nor will we expect you to help cover the
expenses while the case is in litigation. At the conclusion of the
case, if there is a successful recovery, we are paid our percentage
plus we are reimbursed for the expenses that we have advanced on your
behalf. If the case is not pursued successfully, then we are not paid
anything for the work that we have done, but you may be responsible
for the expenses. Question: I have heard the term "birth trauma" before, but I am not exactly sure what that means.
Answer: The term "birth trauma"
encompasses a number of potential injuries to your child. These can
range from cerebral palsy and permanent brain injury to nerve injuries
related to shoulder injuries (also known as Erb's palsy) related to
the delivery of your child to facial cuts and lacerations related to
the use of forceps. Our attorneys have handled all of these types of
cases successfully and have a great deal of experience with these
types of cases. If you think that your child has been the victim of a
birth trauma, but are not sure whether it qualifies, then you should
call our offices to speak with one of our experienced attorneys.
Again, there is no charge or obligation. Question: You have used the term "free consultation" What exactly does that mean?
Answer: A free consultation means
that when you contact our offices, you will be speaking with an
experienced attorney who will very carefully collect the facts about
your case. This will involve a thorough interview with you so that we
are familiar with the facts and will then lead to our collecting the
medical records and having those analyzed. Oftentimes, these medical
records will have to be obtained from a number of health care
providers and we perform this service and pay for the records at no
cost to you. If, after reviewing the medical records it looks like the
case should be investigated further, we will organize the records and
send them to an expert witness who will review the case and tell us
whether they agree there was negligence. Again, this part of the case
is done at no cost to you and is part of our review process. Only
after we have completed the review process will we contact you and be
in a position to sign an agreement to pursue the case further.
Question: My child was born many years ago. Can I still pursue a case?
Answer: Each state will have a
different time limit that specifies when you need to pursue your case.
If you believe that your child has been the victim of birth trauma, or
suffers from cerebral palsy, you should contact our offices
immediately. In many places, there are extended periods of time that
allow a child to pursue a birth trauma case. There are time limits,
however, and it is very important that you contact our offices as soon
as you suspect that your child may have been the victim of birth
trauma. If you allow the time period, called the statute of
limitations, to expire, then your legal rights and your child's legal
rights, will be forever extinguished Question: I have paid a lot of money for medical expenses related to the care of my child. Can those be recovered?
Answer: In all likelihood, those
expenses can be recovered as long as that claim is pursued in a timely
manner. Because there are separate time limits for the parents' claims
(and these are typically shorter than your child's time limit), it is
again very important that you contact our offices as soon as you
suspect your child has been the victim of birth trauma. Question: If we pursue the case and are successful, what happens?
Answer: Our attorneys have pursued
numerous cases successfully for many years and have recovered millions
of dollars on behalf of infants who are the victims of birth trauma or
malpractice. While this is not a guarantee that your case will be
successfully concluded, and each case is different and decided on its
own facts, it does show that our attorneys have a great deal of
experience handling these cases. If your case is successfully
concluded, the money that is recovered is for the benefit of your
child. Oftentimes, we will be able to put together trusts, structural
settlements, or plans to protect the money and make sure that it is
available for your child's future care, therapies, and other needs. A
structural settlement allows money to be invested and, in most cases,
the income interest that is earned will be tax-free as long as certain
requirements are met. Question: I am receiving state and federal benefits and do not want to lose those. Is there any way to keep those benefits in the event that there is a recovery?
Answer: Yes, there are certain ways
to structure your recovery so that you can keep your state and federal
medical benefits. Our experienced attorneys have done this in past
cases, and this involves using legal tools, such as a special needs
trust. Our Firm also has an entire Estate Planning Department if other
legal work is needed, such as guardianship, trusts, powers of
attorney, and the like. Question: If I recover money, how do I make sure that if something happens to me, my child will be taken care of?
Answer: As many of our attorneys have
done in the past, we often set up a structured settlement with the
recovered funds for your child. A structured settlement means that we
work with a structured settlement expert, who researches the best
available payment plans with a well-respected insurance company and
arranges secure and guaranteed future benefits for your child.
Question: I want my child to stay at home. If we recover money, can my child stay home?
Answer: Absolutely.Your child can
stay at home and, in some cases, we can even arrange the recovery so a
non-working parent is paid to take care of the child. Some children
with severe cases of cerebral palsy require around the clock
attention. You will also have the option of hiring a care provider in
the event that you choose to work. Question: I am not sure if I have a case or not What should I do?
Answer: We strongly recommend that
you call one of our experienced attorneys immediately at
(800)-233-2890 or email at birthinjury@shulmanrogers
so we can investigate the case on your behalf. These cases can be
time-sensitive, so the quicker you act, the better. There is no charge
or obligation. In the event there is no case, there is no cost to you.
If you would like, take a look at some of our recent
successes. Question: When my child was born, their shoulder was injured. Is that a birth trauma?
Answer: In many instances, this may
be a birth trauma. You may have heard it referred to as a shoulder
dystocia or an Erb's palsy. In some cases, this is just a temporary
injury and will recover over time. In other cases, however, there is
long-term damage done to the nerve which requires major surgery and
extensive physical therapy. In some cases, your child may suffer a
permanent disability. If your child was injured because of shoulder
dystocia or Erb's palsy, that can warrants further investigation. Our
attorneys are experienced with these cases and have successfully
represented clients with similar injuries. |
