Ferrer, Poirot & Wansbrough | Injury Law Blog

Know What You’re Paying For

by Cary Graham | February 9th, 2016

The payment arrangement is one of the most important factors to consider when hiring an attorney. You want a law firm with vast experience and exceptional customer service, but you don’t want to pay an arm and a leg for it. That’s understandable. You’ve been through a traumatic ordeal and just want someone who’s going to have your back without emptying your pockets at the same time.

Here are 3 things related to fee arrangements you should ask any attorney you’re considering:

  1. Do you charge for the initial consultation? Believe it or not, some firms will charge you by the hour simply to answer some initial questions. This is a red flag right from the start and could indicate additional unexpected fees later on. If a law firm you call mentions consultation fees, you might want to consider calling someone else.
  2. Will you advance the costs for investigators, experts, filing fees, and other expenses? The cost of a personal injury case can be expensive. You want a law firm that is going to cover these necessary costs upfront, so you don’t have any out-of-pocket expenses until your case is settled and you’ve been paid. Some law firms will even help with your medical bills, which can take a great deal of financial strain off of you and your family.
  3. Do you offer a contingency fee arrangement? A contingency fee arrangement basically means the law firm will handle all upfront costs, including attorney fees, until they win or settle your case. If for whatever reason they fail to get you money, you don’t owe them a dime. If you’re going to have your case handled by an attorney, you need to have a contingency fee arrangement.

A personal injury claim can seem daunting, which is why knowing what questions to ask upfront is vital to making the right decision. At Ferrer, Poirot & Wansbrough we’d be happy to answer any questions you might have.

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Where Cases Are Won and Lost

by Cary Graham | February 2nd, 2016

One of the most important components of a personal injury claim is the investigation your lawyer will conduct on your behalf. The backbone of your case rests on the results of this investigation, so if it is not done properly or to the full extent necessary, it could negatively impact the outcome of your case.

At Ferrer, Poirot & Wansbrough, we have a dedicated team of investigators who thoroughly investigate every case we handle. Here are the steps that our team will take on your behalf:

  • Analyze the accident report—There’s a wealth of information collected at the scene of every accident. The reporting officer is required to document what happened, how it happened, and who was involved. Our investigators will scour this report to extract all pertinent information that could help your case.
  • Examine the accident scene—One of the first things we will do in our investigation is visit the scene of the accident to gather any and all evidence available. The sooner you call us for help, the more evidence will remain for our investigators to document.
  • Gather witness testimonies—The basic facts of the case, such as who was at fault and how the accident occurred, are extremely important in proving negligence and liability. We’ll speak with every witness to verify these facts, so that they cannot be contested in court.
  • Review medical documentation related to your injuries—If you’ve been injured, you may have a long road of recovery ahead. Our investigators will closely track your progress in order to make an accurate and fair assessment of your case’s worth.

If you’ve been injured in a car accident, you deserve an experienced Dallas law firm on your side that will fully investigate your case and defend your right to compensation.

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Can I Switch Lawyers Mid-Case?

by Cary Graham | January 26th, 2016

You might think that once you sign with a law firm, you have to see the case through with them, even if you’re dissatisfied with their work. That’s actually not the case. You can switch law firms at any time throughout the course of your personal injury lawsuit. However, there are a couple of factors that you should be aware of.

First, your original law firm will still get paid for the work they’ve done. That doesn’t mean you have to pay any higher percentage than you initially contracted for. The new law firm will pay out a portion of its fee to the original law firm at the conclusion of your case, negotiated by the two law firms before making the switch.

Second, the original law firm will still be involved in the case. Over the years, clients have come to us from other law firms, and in most situations, we’ve worked with the previous law firm to make the transition seamless. It’s important that we know exactly what work has already been done and what still needs to be considered. Most law firms are agreeable to this type of collaboration, as our success in your case determines what they will ultimately make from the settlement.

If you feel your case isn’t being handled to your satisfaction, give our Dallas personal injury lawyers a call. We’ll be happy to evaluate your case for free.

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What to Do After a Hit-and-Run Accident

by Cary Graham | January 19th, 2016

There are hundreds of thousands hit-and-run accidents every year. Many of these result in serious injuries and/or deaths. However, the vast majority of hit-and-run accidents are less serious. As these types of accidents increase, it’s important to know what to do if are ever a victim of a hit-and-run.

Here are 3 things you should do:

  • Get a license plate number of the other driver. Any information you can retain immediately following your accident can help bring the at-fault driver to justice. If you’re unable to get a license plate number, try to remember the make, model, and color of the other vehicle.
  • Call the police immediately. When they arrive, give the officer all the facts of the case, being sure to leave nothing out. And be sure to complete an accident report. This will serve as the official account of what happened.
  • Call your insurance company and report the accident. Depending on your coverage, your insurance company may be able to help you make arrangements to have your car towed and secure a rental car.

3 things you shouldn’t do:

  • Do not pursue or confront the other driver. If you’re in a hit-and-run accident, it’s natural to want to pursue the at-fault driver. Bad idea. As soon as you leave the scene of the accident, you put yourself and your claim at risk. Stay where you are and wait for the police.
  • Do not block traffic. If you can safely pull your vehicle to the side of the road, do so. Blocking traffic unnecessarily puts you and other drivers at risk.
  • Do not wait in your car if it’s unsafe. It could take several minutes for the police to arrive at the scene. If you believe waiting in your car puts you in danger, leave the vehicle and wait somewhere safe.

If you’ve been the victim of a hit and run accident, call our Dallas car accident attorneys immediately. We’ll investigate the circumstances behind your accident and work to hold those accountable responsible for your injuries. Get your free consultation today.

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Choosing the Right Lawyer for You

by Cary Graham | January 12th, 2016

Choosing a personal injury lawyer to handle your claim can be overwhelming. Do a simple Google search for personal injury lawyers in Dallas, and you’ll get pages of results. In truth, many of these law firms could handle your case without incident. That is to say, they could file all the paperwork and get you a settlement for your injuries. So what’s the most important factor to consider when choosing an attorney?

Many attorneys out there would probably answer that question with one word: experience. There’s simply nothing more important than having an attorney on your side with years of experience handling personal injury claims.

Here are a few reasons why:

No two cases are alike. When it comes to auto accident injury cases, the circumstances of the accident, the injuries sustained, the insurance company’s response are factors that are unique to every case. A successful law firm draws from years of experience to build the strongest case possible.

Relationships are important. Attorneys for the injured interact with a number of different players throughout the course of the lawsuit, such as judges, clerks, and other attorneys. You want a law firm on your side that has built strong relationships over the years.

Insurance companies keep track. Just as you are researching attorneys in the Dallas area, so are the insurance companies. They keep track of which law firms settle low and which ones fight for their clients. You want an attorney with a proven track record of standing up to the insurance company and winning big.

In determining which lawyer is the right for you, consider experience first. It is the one factor that really matters, and it can make all the difference.

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Lawyers Can Help Maximize Your Compensation

by Cary Graham | January 5th, 2016

For most personal injury victims in Dallas, getting the insurance company to pay isn’t the issue. The real challenge is getting them to pay you what you deserve.

After an accident, you’ll probably receive a call from the insurance company within a few days. They’ll go over the specifics of the accident and inform you of what they are willing to pay. Many victims assume this figure is as good as it’s going to get, so they take it, completely unaware that doing so may put them in a serious financial situation.

The truth is you can’t make a determination of how much your case is worth after only a few days. You don’t know how much your medical costs, lost wages, and other expenses are going to be long term. The amount it’s going to take to get you back on your feet isn’t a number you want to guess at, because as soon as you sign with the insurance company, you are on your own. All future medical expenses are your responsibility. That can add up to tens of thousands of dollars, far more than the insurance company initially offered to pay.

So what’s the solution? Call a lawyer before you sign anything from the insurance company. According to the Insurance Research Council, accident victims get significantly more money with a lawyer than without. An experienced law firm will stand between you and the insurance company to fight for the maximum value for your claim.

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Letter to the FDA Addresses Risks of Power Morcellator Cancer

by Keith Adkins | December 29th, 2015

Controversy continues to swirl around the use of a device known as the power morcellator to remove uterine fibroids from the bodies of women.

In 2014, the U.S. Food and Drug Administration (FDA) ordered doctors and surgeons to discontinue the use of the power morcellator when performing procedures like hysterectomies due to an increased risk of the patient developing cancer. Research linked the disease to the device after it was discovered that dormant cancerous cells could be released into the body by the device, which led to several power morcellator cancer lawsuits being filed.

Doctors are now contesting these claims, saying the FDA relied on flawed research when issuing the ruling. An article from Reuters explains the medical professionals say the studies that were used during the FDA’s decision-making process were flawed and lacked credibility. For instance, the studies included three cases where the patient developed leiomyoma, which doesn’t meet the current standards and definitions for cancer.

The doctors go on to claim that making women undergo more invasive procedures than the use of the power morcellator increases the risks for hospital-acquired infections and other surgical complications, including death.

The legal staff at Ferrer, Poirot & Wansbrough recognize the dangers the use of a defective medical product can pose to patients and our team is anxiously awaiting the FDA’s response to the claims that have recently been made regarding the use of the power morcellator during surgery.

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Automated Endoscope Washing Machines to be Recalled by the FDA

by Keith Adkins | December 22nd, 2015

Hospital-acquired infections are one of the leading causes of hospital readmittance in the United States today. The Centers for Disease Control and Prevention says that as many as 700,000 such infections are reported each year.

With so many infections being reported, many wonder what is causing this phenomenon. The defective medical device lawyers at Ferrer, Poirot & Wansbrough explain that it seems as though a lack of proper sanitation may be to blame in a number of cases.

Becker’s Infection Control & Clinical Quality reports the U.S. Food and Drug Administration (FDA) has recalled as many as 2,800 automated endoscope washing machines made by Custom Ultrasonics after it was discovered that the devices may not completely sanitize the devices they cleanse.

The problem was first discovered in 2007, but the company was allowed to continue marketing the devices after changes were made to the product’s software. However, continued violations were highlighted during a recent FDA inspection of the company’s manufacturing facility and has resulted in the agency calling for the defective medical products to be pulled from the market.

The FDA is also encouraging anyone who has acquired an infection as a result of using a device that wasn’t properly sanitized by the affected machines to report their injuries to the agency.

The legal staff at Ferrer, Poirot & Wansbrough are hopeful these actions will be enough to protect the health and safety of patients undergoing medical procedures nationwide.

 

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Boston Scientific’s Chariot Guided Sheath Faces FDA Recall

by Keith Adkins | December 15th, 2015

The U.S. Food and Drug Administration (FDA) is charged with the task of regulating the safety of medical products in our country. When a product doesn’t meet certain standards, the agency initiates a recall. One of the latest potentially defective medical products to face an FDA recall is Boston Scientific’s Chariot Guided Sheath.

A long tube that’s used to diagnose and clear blockages in a patient’s blood vessels, reports indicate the shaft of the Chariot Guided Sheath’s catheter can separate from the insertion device during an implant procedure.

Officials say the pieces that can break free from the device may become lodged in a patient’s circulatory system, which can lead to stroke, heart attack, or damage to the kidneys. According to the Boston Business Journal, there have been 21 reports received of the Chariot device malfunctioning. No fatalities have been reported.

This is the second recall involving the company this year. In November, Boston Scientific partnered with the FDA to recall the RotaWire Elite Guidewire system after documents surfaced indicating the device could break in a patient’s body and cause serious harm.

Being aware of the risks that medical products can pose is one of the best ways to avoid injury. That’s why the defective medical device lawyers at Ferrer, Poirot & Wansbrough are hopeful this information helps keep you and your loved ones safe.

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FDA Warns Invokana® Users of Bone Fracture Risks

by Keith Adkins | December 8th, 2015

The U.S. Food and Drug Administration (FDA) approved the drug Invokana® for the treatment of Type II diabetes in 2013. Since being approved, studies have shown the drug can cause serious health problems in some users.

The drug injury lawyers at Ferrer, Poirot & Wansbrough explain one of the most serious adverse effects Invokana can have on users is a condition known as Ketoacidosis. A patient develops Ketoacidosis when the medication causes the levels of certain acids in the blood to reach toxic levels. However, this isn’t the only health problem that has been associated with Invokana.

An article from Diabetes In Control says the FDA recently issued warnings regarding the use of Invokana and the increased risk of suffering bone fractures.

Researchers examined the cases of 714 patients who were taking Invokana during a two-year period. The study concluded that taking Invokana can result in a decrease of bone mineral density, which can lead to bones becoming brittle and more prone to breaking. The risks of bone fractures can increase within three-months of beginning to take the drug.

Since the risks of Invokana users suffering bone fractures came to light, the FDA has called for warning labels of the product to be updated with information regarding the effects Invokana use can have on a patient’s bones.

These warnings came too late for some Invokana users, and many of those victims have chosen to file Invokana® injury lawsuits seeking compensation for their losses.

At Ferrer, Poirot & Wansbrough, we believe in holding the pharmaceutical industry accountable for the safety of the products they release to the market, which is why we’re hopeful resolutions to the lawsuits that have been filed in connection to Invokana drug injuries can bring peace to those who were allegedly harmed by the medication.

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