The Baxter Law Firm

Experience. Compassion. Results.

Personal Injury

Coping with an injury is difficult in the best of circumstances. It is much worse when it could have been prevented. The biggest problem during recovery may be lack of income. A personal injury attorney will see that this is corrected.

You have the right to be paid for lost income, medical bills, household costs, pain and mental anguish. Suffering can be alleviated to some degree with the knowledge that you and your family can survive and pay bills. You should be able to stay in your home and have plenty of food to feed your family.

Sometimes, insurance does not agree to cover the expenses associated with an injury. An injury attorney can find money to help you when no one else will help. Insurance companies may be convinced to pay out some amount of coverage after hearing from an injury attorney.

Automobile Accidents

Car accidents can be terrifying experiences. Often, at least some of the people involved are injured, sometimes severely, and the automobiles that crashed are damaged. The legal system can help the parties sort out who is at fault for the accident, and which party needs to pay the doctors' and mechanics' bills

As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.

Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but aren’t limited to, the following:

  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Driving above or below the posted speed limit
  • Disregarding weather or traffic conditions
  • Driving under the influence of drugs or alcohol

Products Liability 

A product liability lawsuit refers to a lawsuit brought by a consumer against anyone in the chain of manufacturing, including the manufacturer of any component parts, the manufacturer that assembles a complete item, and sometimes the retail store owner. These lawsuits often concern the following:

  • Design Defect
  • Manufacturing Defect
  • Failure to Warn
  • Mesothelioma & Asbestos
  • Breach of Warranty
  • Product Recalls 

Products with defects causing harm to the consumer or a person to whom the product was given are the subjects of these lawsuits. Usually the subject property is tangible property, such as cars, motorcycles, children's toys, household equipment, and tools. Product liability suits can also revolve around defective recreational vehicles and roller coasters. Whenever a product has a defect or is unreasonably dangerous and causes injury, it may be appropriate for the injured person to file a product liability lawsuit. 

Medical Malpractice 

Medical malpractice happens when a doctor or another medical professional whose actions fall below the appropriate standard of care hurts a patient. Actions that may result in a malpractice lawsuit range from a doctor's failure to diagnose cancer to a doctor making an improper cut during surgery, resulting in unexpected permanent disability. Some common types of medical malpractice claims are:

  • Misdiagnoses and Failure to Diagnose
  • Surgical Errors
  • Pharmaceutical Errors
  • Birth Injury

What Must Be Proved in A Medical Malpractice Lawsuit?

A plaintiff suing for medical malpractice will have to prove the existence of a doctor-patient relationship, the doctor's failure to meet the appropriate standard of care for similar professionals in the same situation, causation, and actual damages. A medical malpractice plaintiff can sue to recover both economic and noneconomic damages, including all extra medical bills incurred because of the malpractice, lost income, lost earning capacity, rehabilitation, mental anguish, and pain and suffering.

The precise standard of care that a doctor must follow varies depending on the doctor's specialty and the illness at issue. Usually in medical malpractice cases, both sides present expert testimony to establish the standard of care and to testify as to whether or not the doctor met that standard. Actual and proximate causation in medical malpractice cases can be challenging for a plaintiff to prove because patients only see doctors when they are already sick or injured. The patient must show that it is more likely than not that the doctor's failure to meet the standard of care caused the harm.

Every state has different rules and procedures for bringing medical malpractice claims, but in general they must be brought quickly. The statute of limitations may be between six months and two years.

Other types of personal injury

Dog bites and other animal attacks are also considered personal injuries, and you can obtain compensation for them. Don't wait until you have lost income and generated medical bills; call The Baxter Law Firm immediately for a free consultation.

Such issues as intentional torts, or acts inflicted with willfulness and malice, include theft, assault and battery, slander, libel, trespassing, invasion of privacy, inflicting emotional distress, fraud, nuisance and misrepresentation. Punitive damages are legally attainable for these illegal activities.