FAQ:

The following questions are ones we are regularly asked by potential clients. If you should have questions other than those included below, please contact us for further information.

What will it cost to have my case reviewed?
Will you accept my case?
What is a contingency fee?
What percentage contingency fee do you charge?
Is there any urgency to contacting a lawyer?
How long will it take to resolve my case?

Frequently Asked Question Concerning Medical Malpractice Law

What is medical malpractice?
How do I know if I have a medical malpractice action?
Can I file a case without a medical expert?
Will my case be settled or tried to a jury?
Is there a time limitation on filing my case?
What is “Tort Reform” and How Might it Affect My Case?
What does it cost to have my case reviewed by the firm?

Frequently Asked Questions About Negligent Security Cases

Do landlords and retailers have a duty to keep their premises safe?
How do I know if I have a case?
Is there a time limitation on filing my case?
What does it cost to have my case reviewed by the firm?

What will it cost to have my case reviewed?
There is no charge for case review. If your case is accepted, you will not be required to pay any attorneys fees unless we successfully settle the case or win at trial. If your case is not accepted, no amount will be due, even if we have expended money in the process of reviewing your claim.
Back to top

Will you accept my case?
Because our firm only handles cases which are catastrophic in nature, we must give careful consideration to which cases we ultimately accept for representation. In the review process, we employ the best experts in the particular field to assist us in determining the validity of the case and the probability of a successful outcome. In the event we are unable to accept your case, we will make every effort to refer you to a well qualified attorney whose skills would be appropriate for your particular case.
Back to top

What is a contingency fee?
We do not charge hourly fees. When a case is accepted on a contingency fee basis, it means you will not pay any attorneys fees unless we successfully negotiate a settlement on your behalf or win your case at trial. Should we prevail, the contingency fee will be a specified portion of the recovery. There is no fee if your case is not settled or won at trial.
Back to top

What percentage contingency fee do you charge?
Contingency fees would vary depending upon the nature of your case. We believe our fees are standard within the industry. Please contact us to discuss your case and the applicable fee structure.
Back to top

Is there any urgency to contacting a lawyer?
If you feel you have a potential legal claim, you should not delay in contacting an attorney. By waiting too long, you may lose certain legal rights, as all cases involve sensitive and serious legal deadlines, specifically referred to as the Statute of Limitations. In addition, evidence necessary to prove your case needs to be gathered as quickly as possible. This is particularly important in product liability and other complex cases.
Back to top

How long will it take to resolve my case?
No attorney can tell you how long it will take to resolve your case. Although we conclude some cases before a lawsuit is even filed, in some instances it can take two or more years before a case is resolved.
Back to top

What is medical malpractice?
In the State of Georgia, a physician must treat his or her patient with: “that degree of care and skill ordinarily exercised by physicians generally under like conditions and surrounding circumstances.” Essentially what this legal definition means is that a doctor must treat his patient in a manner consistent with how other physicians would treat a similarly situated patient. If a doctor fails to treat the patient in a manner consistent with how other physicians would generally treat such a patient, then the doctor is guilty of medical malpractice. The first issue in any potential medical malpractice case is to determine whether and in what way the physician departed from the generally accepted level of care in the treatment of the patient.
Back to top

How do I know if I have a medical malpractice action?
The first step in any potential medical malpractice case is a thorough investigation of the medical facts and issues. After our law firm is retained, we begin the process of collecting all of the relevant medical records of the client, as well as relevant x-ray studies and other significant medical data. This information is then reviewed by our attorneys, as well as by our full time Registered Nurse.

Once this “initial review” is conducted, and if we feel that malpractice may have been committed, an appropriate medical expert is retained to further review the client’s medical records. Over the years we have worked with countless medical experts around the country. As such, we know who to call about specific areas of medicine in order to receive expert advice on the medical issues involved in the case. We also conduct exhaustive searches of the medical literature in order to determine whether there is a particular physician who has written extensively on the medical condition at issue. If so, we contact that physician in order to obtain a review of the client’s medical records. It is the opinions of true medical experts that guide us in determining the merits of any individual case.

Once we have obtained sufficient medical opinions and have a firm understanding of the negligence involved, suit is filed on behalf of the client or negotiations are initiated with the insurance company for the physician or institution.
Back to top

Can I file a case without a medical expert?
No. Under Georgia law, a case cannot be filed against a doctor, hospital or medical provider without a sworn Affidavit from a medical expert explaining exactly what malpractice the expert believes occurred in the particular case.
Back to top

Will my case be settled or tried to a jury?
Because we are very selective in which cases we file, we are successful in achieving monetary settlements (without a trial) for our clients approximately 95% of the time. Be assured, however, that should the insurance company refuse to settle your case, we will put all of our energy, resources and experience into your trial in order to obtain the best result possible. Over the years, our success rate in trying medical malpractice cases is very impressive.
Back to top

Is there a time limitation on filing my case?
Yes. Medical malpractice cases, just like all other personal injury cases, are governed by what is commonly referred to as the “statute of limitations.” In general, medical malpractice cases must be filed within two years from the date that an injury results from the negligence of a physician or health care provider. This is a somewhat “tricky” definition and your statute of limitations must be appropriately evaluated by a qualified medical malpractice attorney. As an example, the date on which a person is injured due to a delay in diagnosis of cancer is often difficult to determine without a thorough understanding of the medicine and the facts. If you are considering bringing a medical malpractice claim, it is imperative that you contact us as quickly as possible so that we have sufficient time to thoroughly investigate your claim prior to the expiration of the statute of limitations.
Back to top

What is “Tort Reform” and How Might it Affect My Case?
“Tort reform” is a generic term that describes laws that makes winning personal injury and medical malpractice cases more difficult. Tort reform legislation was passed in 2005 by the Georgia Legislature and was signed into law by Governor Sonny Perdue on February 16, 2005.

The most talked about provision of tort reform is generally the “cap” or limit on non-economic damages. Non-economic damages are damages recoverable for the suffering and loss of enjoyment of life that results from a serious injury - like losing your sight or spending the rest of your life in a wheelchair. In Georgia, the cap is now generally $350,000, although there are exceptions to this rule and ways to avoid a strict limit on the amount of damages recoverable in many circumstances. It is important that a medical malpractice attorney have a firm understanding of all of the provisions of the new law, and our firm most certainly does.

Henry Spiegel Milling, LLP has been at the forefront of challenging the provisions of Georgia’s tort reform laws in Court. In fact, our firm was involved in the very first challenge to these new laws before the Georgia Supreme Court. That case resulted in a portion of the new laws being declared unconstitutional.
Back to top

What does it cost to have my case reviewed by the firm?
Nothing. At Henry Spiegel Milling, all of our cases are handled on a contingency fee basis. This means that we are not paid unless we are successful in winning your case. In addition, we will advance all of the costs associated with investigating and prosecuting your case. Even if we investigate your case and determine that there was no malpractice, you still owe us nothing. Again, we only get paid if we obtain a recovery for you.
Back to top

Do landlords and retailers have a duty to keep their premises safe?
Yes. A landlord or retailer has a duty to business invitees (customers or tenants) to use ordinary care in keeping the premises and approaches safe. As to criminal acts, the general rule is that if a landlord, etc. has reason to anticipate a criminal act, he or she has a duty to take reasonable precautions to protect customers or tenants. As mentioned above, the specific duty owed is generally determined by the facts of the individual case.
Back to top

How do I know if I have a case?
The first step in any potential case is a thorough investigation of the facts and issues surrounding the criminal attack, as well as any prior incidents in the area. It is also important to conduct a detailed review of the victim’s current and future physical and psychological injuries. It is often necessary to involve security experts to render their opinions on the potential liability of the premises owner or operator. Once we have a firm understanding of the negligence involved, suit is filed on behalf of the client or pre-suit negotiations are initiated.
Back to top

Is there a time limitation on filing my case?
Yes. All personal injury cases are governed by what is commonly referred to as the “statute of limitations.” Personal injury cases must be filed within two years after the right of action accrues. In general, negligent security cases must be filed within two years of the criminal assault.
Back to top

What does it cost to have my case reviewed by the firm?
Nothing. At Henry Spiegel Milling, all of our cases are handled on a contingency fee basis. This means that we are not paid unless we are successful in winning your case. In addition, we will advance the costs associated with investigating and prosecuting your case. Even if we investigate your case and determine that there is no negligence, you still owe us nothing. Again, we only get paid if we obtain a recovery for you.
Back to top