I was recently diagnosed with TMJ, and I believe it may have been caused by a wisdom tooth removal surgery. If true, can I sue and how would i prove this happened cause of the surgery.

Medical Malpractice Answer

There are multiple requirements to filing a medical malpractice lawsuit. First, the case must be timely. Second, you must be able to prove the elements of your claim, namely, negligence, causation and damages. The elements generally must proven via expert testimony, by a practitioner in the same field of practice. In this case, an Oral Surgeon probably removed your wisdom teeth and an Oral Surgeon will likely be necessary to testify that the first surgeon was negligent and this caused your TMJ injury.

If equipment fails in a hospital causing patient to become overdosed with radiation leaving them comatose, who is liable for damages?

Catastrophic Injury Answer

All catastrophic injury claims deserve a thorough investigation as to the cause of injury. In many complex injury scenarios there are more than one responsible party. The best strategy in most cases is to go for the ‘deep pocket’ or the party with the most money so the injured person can be made whole. Medical malpractice cases are capped at $1.25 million in Indiana, but there are other possibilities for a larger recovery. Multi-million dollar complex injury cases have been my emphasis for the past 30 years. I suggest you educate yourself by visiting my catastrophic injury information page.

My son was hit by a car while riding his bike in Loveland (Larimer County) Colorado. He was hit from behind. The police tell us that the 3 foot passing law does not apply in this case, because there is a bike lane, delineated by a solid line. I think they are misinterpreting the law. Does it make a difference, how the line between a lane for traffic, and a lane for bicycles is marked? Or are cars required to allow 3 feet of distance when passing a bicycle, as the law states, and the cycling websites claim?

Also claim a good investigation was done. Police report is 3 sentences or so. Driver (79) got off scott free while my son is left with medical bills (GOt a summons for $17,000 over the weekend) and ongoing pain from the accident. Vehicle was a Mercury Moutianeer. Woman was on the phone but that did not make a difference

Personal Injury Answer

State or municipal criminal law is what the police enforce, and it has nothing whatsoever to do with civil law, which is what lawyers use to collect judgments against people for money damages. You might want to see the blog article on ‘distracted drivers’.

Fault in Colorado court’s is determined by the facts, the burden of proof is on the person claiming fault, and the fault of all parties is determined (not just the driver). To prevail, the driver must have greater fault than the bicyclist. The statute of limitation is generally three years, so time matters.

How much does it cost for a lawyer to review a medical malpractice case?

Medical Malpractice Answer

An investigation of a medical malpractice case is usually done at the attorney’s expense, if it is a case they are interested in, with a deduction for costs in the event of a recovery. Let me know if you would like to discuss your case. 317-826-8888 or 866-987-4368 (toll free)

Your son is riding in a car. The driver is crazed and distressed, runs a stop sign and then hits the breaks. The car stops in the middle of the intersection. A second car comes and slams into the first car. Your son dies in the accident. Can you sue the person who was driving the first car or the second car?

Wrongful Death Answer

Generally, any negligent driver can be sued when a passenger (your son) is injured…the key is whether there was a violation of traffic laws (called negligence ‘per se’) or lack of due care (ordinary negligence). Fault is apportioned by a judge jury in cases such as this. Feel free to contact me or check my website for further information and results in similar wrongful death cases. www.coloradosuperlawyer.com.

Hi- I am trying to find out whether or not I can have a civil case against a restaurant. I was raped and brutally assaulted on a beach- on an island where there are a lot of restaurants and bars there. they found the attacker and turned out he works at one of the restaurants there, and also is housed there for the summer, He is 100 percent illegal. I was told by my attorney friends I can sue the restaurant for a lot of money because they are hiring illegal immigrants, and are putting patrons at risk when they do not do background checks. I just want to verify whether or not I have a case before i move forward with this.

Civil Rights Assault Answer

Sorry to hear about your ordeal. Generally, a lawyer like myself will need to have all the facts before they can advise you whether or not you have a case. Although I understand your reluctance to open up about such a sensitive injury, please understand that experienced lawyers have heard it all before, and will respond sensitively and with professionalism. Feel free to call for a free phone consultation if you would like to discuss your situation in greater detail. All cases are time sensitive. Jim Avery (licensed in NY, IN and CO) 866-9-URGENT (866-987-4368).

Non-medical professionals like architects, lawyers, insurance brokers, and other licensed individuals can be subjected to professional malpractice claims when their lack of due care (negligence) or breach of contract causes personal or financial injury to a person. Licensed professionals are generally held to a higher standard of care than average people are. They must perform their duties in a competent matter given the specialized training and experience expected of members of their profession.

Professional malpractice claims can be complex and difficult to prove. The primary reason for this is that they involve gauging how a the professional has performed a specific function or conduct in comparison to industry standards. Unlike determining that someone ran a red light to cause an accident or spilled water on the floor, which caused someone to trip, determining liability in a professional malpractice claim often requires analysis of many differing expert opinions and can be subjective (battle of the experts). Evidentiary rules limit or qualify who can testify via opinions against professionals, and the nature and extent of those opinions. Proper development and presentation of expert testimony is crucial to the success of a professional malpractice case.

Avery Law Firm understands this process and can use it to your advantage. We know how to find the best experts to support your claim and how to develop the evidence and present your claim in accordance with industry standards and trial rules (violation of which can be fatal to your case).

People have valid malpractice claims due to professionals failing to follow the standard of care required in the their particular field, which claim usually must be made within two years of the date of the injurious action or conduct. The malpractice lawyers at Avery Law Firm are available to represent the victims who are harmed as a result of these negligent acts and to recover reasonable compensation for the harm caused. There is never an excuse for engaging in the practice of one’s profession below the standard of care or representation to which all those in that particular profession are held. Professionals receive specialized education and training to ensure that they maintain a certain level of quality when performing within their field of expertise. It is never an acceptable practice to disregard these standards. Similarly, it is not and should not be acceptable for these professionals to change the manner in which they carry out their services out of fear of being sued. If they always follow the standard of care set forth in their given profession, then they should not be subject to a malpractice claim.

Legitimate malpractice claims are not frivolous or groundless. They are based upon competent evidence and typically covered by insurance taken out to protect the financial well-being of the professional and to compensate the victim when avoidable errors do occur and someone is harmed. Contact Avery Law Firm at 303-840-2222 or fill out the contact form for a free claim evaluation.

The term “alternative dispute resolution” refers to any form of dispute resolution besides trial by judge or jury. Generally, when a party files a lawsuit to decide a dispute, whether it’s a malpractice claim or auto accident, a trial to determine liability (fault) and damages is the ultimate form of resolution. The trial process, however, is not always mandated and sometimes other or ‘alternative’ forms of dispute resolution are advisable or mandated.

Alternative Dispute Resolution in Colorado

In Colorado, as elsewhere, the alternative forms of dispute resolution are varied. The most common forms of alternative dispute resolution in Colorado are mediation, arbitration or private settlement conferences. Mediation is either ‘binding’ or ‘non-binding.’ Binding means that the parties are bound by the result, as in a formal judgment. Non-binding means the parties are only bound if they reach an agreement and choose to be bound by the result.

Arbitration as a Solution

Arbitration is generally a more formal means of dispute resolution than mediation, and is a binding form of dispute resolution, sometimes with rights to a trial, as a form of appeal, sometimes not. There are rules which govern arbitration, much like trial, but relaxed on evidentiary matters and there is never a jury. Arbitration can be governed by a single person or a panel.

Settlement conferences are generally a form of mediation, and always ‘non-binding.’ If conducted outside a courthouse, they are generally ‘mediated’ by a privately retained/paid person, either a lawyer or a judge who makes a practice of it. If conducted inside a courthouse, then usually a judge (other than the trial judge) or magistrate conducts the conference. Settlement conferences conducted by a judge or magistrate (or magistrate-judge in Federal court) are oftentimes more formal as the parties are expected to dress as in court, and location or decorum is a matter of the personal discretion of the judge or magistrate conducting the conference.

Experience and Knowledge You Need

The lawyers at Avery Law Firm, with nearly thirty years of experience in all forms of dispute resolution, will guide you in the selection of alternative forms of resolution, and attempt to find a form of resolution that will maximize your recovery and minimize your costs and stress. Most often, that will be a private settlement conference, the cost of which is advance by the law firm on behalf of the client, where the settlement judge is selected based upon experience.

In Colorado, as in most states, the law governs the conduct of jurors while serving and deliberating in a case. This law is much more complicated than the instructions read to the jury at the beginning, during and end of a case. Generally speaking, the law seeks to protect the ‘integrity’ of the trial process. The jury is ideally composed of non-biased individuals who will judge the merits of a case solely on the evidence in light of the law of the case, as explained and set forth in detail in the ‘jury instructions’ which are read to and handed to the jury before deliberations begin. Jurors should not attempt to ‘lawyer’ or ‘investigate’ a case. This is to control the process, to ensure the integrity of the trial and fairness to the parties.

Often times, evidence and the law leaves jurors confused. It is tempting to go outside the courtroom in some manner, whether it be a visit to a local library, newspaper, or the world-wide web/internet. Such forays outside of the courtroom often violate the rules of law read to a jury in regard to the conduct of their deliberations. This is called ‘juror misconduct.’

Other Types of Juror Misconduct

Other instances of juror misconduct include contact with the parties or their lawyers. Experienced trial lawyers should know (and their clients, the parties, should be instructed) to never have any direct personal contact with a juror before or during a trial (unless permitted and approved by the judge beforehand). Personal contact can include things such as looks, winks, or other body language and references. The result of juror misconduct is generally a mistrial, and the cost to the parties and the judicial administration is considerable even in the smaller cases. In large cases with multiple witness and vast sums spent on preparation for trial, it can be a financial disaster.

The Results of Juror Misconduct

The law places the responsibility on someone when juror misconduct occurs, but rarely does the offending juror face the consequences. The financial consequence usually falls on the shoulders of the party or lawyer involved. Many times, the cost of a trial is so significant that the ‘mistrial’ can deprive a party of their day in court. Juror misconduct should be avoided at all costs, to preserve the integrity of the judicial system.

Lawyers at Avery Law Firm are experienced enough to know that lawyers and jurors should pass ‘like ships in the night’ when a trial is in progress. In those rare instances where juror contact occurs, lawyers are ethically obligated to immediately inform the bailiff or Judge. Hearings will take place, and a record is made for purposes of appeal. Sometimes, the Judge will call the involved juror to the witness stand to comment on the circumstances and make a record.

Juror Misconduct Can Lead to a Mistrial

Sometimes, juror misconduct is discovered after deliberations cease and the trial is completed. In such instances, a mistrial or new trial can be declared. Again, significant expense can occur, and a party can lose a favorable verdict.

Jurors often want to communicate with lawyers and parties. Such communications must take place, if at all, in accordance with the rules of law governing trials. Most often, such communications should occur after the conclusion of the trial and the jury has been discharged. After trial, it is generally acceptable for a juror to communicate with a lawyer or party, whether it be related to the trial or a personal matter.