Website FAQs

General FAQs

Why should I retain Daniel, Holoman & Associates LLPto represent me?

What most "personal injury lawyers" don't want you to know is that many times you do not need them. The personal injury factories that advertise for your case are usually handling hundreds of cases at a time. They have form letters they send to the insurance companies explaining the nature of your case and your injuries in the hope that the insurance company will quickly settle. Their goal is not to maximize each individual settlement, but rather to receive mediocre settlements on a large number of cases. They make their money by handling a large number of cases and putting minimal resources into each individual case. If you have been involved in a low-speed collision and have $1,000-$10,000 in medical bills, then in all likelihood you are just as capable of settling your case with an insurance company as a lawyer. The good news is, if you settle the case on your own, a lawyer will not take a substantial percentage of your recovery as a fee. In the vast majority of cases involving minor personal injuries, an individual can end up settling their case and recovering more money than they would have if they had hired an attorney.

It is only when you have suffered significant and debilitating injuries that you absolutely need an attorney. In these situations, why would you hire a personal injury lawyer who handles hundreds of small cases a year, and is rarely willing to invest a large amount of their time and resources into a single case? If you have suffered a significant injury or loss, then your case absolutely deserves individual attention, resources, and commitment. At Daniel, Holoman & Associates LLP, if we undertake the serious responsibility of handling your case, then you can rest assured that this is exactly what you will receive.

How much will this cost me?

Daniel, Holoman & Associates LLP typically will be paid on a contingency basis. This means that no attorney's fees will be paid until you receive a recovery. The legal fees that are paid will be a percentage of that recovery. There will be no up-front or out of pocket costs for your case.

How long will the process take?

Each case is different. At Daniel, Holoman & Associates LLP, we work hard to see that your case is prosecuted as quickly as possible without compromising the value.

If I get more or different medical treatment will it help or hurt my case?

You should keep us informed at all stages of your medical needs; however, you should approach your medical treatment without concern for any lawsuit. The most important thing for you to do is to get the treatment that you need and that your doctors have recommended. If you do this, we will be able to successfully deal with any changes in your medical condition during the litigation.

How long do I have to file a lawsuit?

All states have what are known as 'Statutes of Limitations' which limit all cases after a certain amount of time from being filed. These time limits vary according to the state and the type of injury, so the best advice would be to consult with Daniel, Holoman & Associates LLP as soon as you suspect that you, or a loved one, may have been injured by someone else's negligence.

Is missing a diagnosis considered negligence or medical malpractice?

Yes, a misdiagnosis or delayed diagnosis can cause significant harm or even death to the patient. Depending on the situation, it may merit a medical malpractice lawsuit. Our attorneys investigate all of the information that was available to the doctor at the time of the missed diagnosis, such as x-rays, cat scans, MRIs, CT scans, and lab work, for example, to determine if it is a viable case. The attorneys at Daniel, Holoman & Associates LLP have handled cases of misdiagnosis and delayed diagnosis, and can help you determine if malpractice has occurred.

Nursing Home FAQs

What do I do if a loved one was injured, abused, or neglected in a nursing home?

The first thing you should do is ensure that your loved one is being taken care of now. Their health and wellness is of the utmost importance. Once that is figured out, you should get as much information as you can about the injury. Talk to your loved one, talk to nurses or CNAs about what happened, talk to doctors at the hospital if they were admitted to the hospital. Speaking to administration at the nursing facility, such as the Director of Nursing, can also be helpful. Once you have gathered as much information as you can, we always recommend that you contact your state’s ombudsman^[1] to report suspected neglect or abuse. They will send an inspection team to investigate the facility, and may substantiate the original complaint (meaning they find evidence that the incident did happen). They may also find other deficiencies at the facility as well. Lastly, you should reach out to the attorneys at Daniel, Holoman & Associates LLP to find out if you have a case against the nursing home. There is no out of pocket cost to have your case evaluated and investigated by our experienced attorneys.

How do I determine if my loved one was injured as a result of nursing home neglect or abuse?

There are many red flags that you should be on the lookout for if you have a loved one in a nursing facility. The elderly are vulnerable and unfortunately, injuries are common in nursing homes. Some things to look out for include bedsores (pressure ulcers), falls, broken bones, malnutrition, significant weight loss or gain, and medication errors (over medication, under medication, incorrect medication, etc.)

Birth Injury FAQs

What is a birth injury?

In general, birth injuries are serious injuries that a child sustains during pregnancy or labor and delivery. Prenatally, a mother may have medical conditions that can result in injury to the baby if not monitored and/or treated properly. During labor and delivery, there are numerous situations that can arise that may harm the baby or the mother. That is why labor and delivery must be monitored closely by qualified medical providers to ensure nothing goes wrong. In the case of a harmful situation, such as either low or high fetal heart rate, fetal distress, or excessive uterine activity, physicians must intervene. If they fail to properly mitigate the situation, the mother or the baby may be sustain a birth injury. Examples of birth injuries include:

• Cerebral Palsy
• Hypoxic Ischemic Encephalopathy (HIE)
• Brachial Plexus Injury (Erb’s Palsy)
• Perinatal Asphyxia
• Bone Fractures

What’s the difference between a birth defect and a birth injury?

Birth defects usually arise prior to birth, due to genetics or prior health conditions. Birth injuries are usually caused by something that went wrong during pregnancy or birth that caused harm to the baby.

Can medical negligence or malpractice cause cerebral palsy?

Cerebral palsy that does not have a genetic basis is usually caused by oxygen deprivation during the birthing process, or fetal hypoxia. While it is not always preventable, there are times when a medical provider should intervene to relieve the oxygen deprivation. If they fail to intervene appropriately, the birth injury could be caused by negligence or malpractice.

Can a drug cause a birth injury?

During labor, medical providers often use drugs to either reduce the pain or speed up the labor process. One such drug that is often used in labor is called oxytocin (brand name Pitocin), a synthetic drug that either starts or strengthens contractions, therefore helping the birthing process along. Pitocin is considered a “High-Alert” medication by the Institute for Safe Medical Practices (ISMP), which means that it has a significantly higher risk for causing serious injury. Accordingly, it must be monitored very closely to prevent harm. Problems arise when it is not monitored as closely as it should be, or when it causes contractions to be too strong or too frequent. If medical providers do not intervene appropriately, the baby could be seriously injured by the contractions or a lack of oxygen. So while the drug itself does not cause birth injuries, its side effects may harm the baby if it is not properly monitored.

Can an induction of labor cause a birth injury?

Inductions of labor need to be handled with the utmost care and attention. Inductions require the use of contraction-strengthening drugs such as oxytocin or Pitocin, which may cause excessive uterine activity as mentioned above. If problems arise during an induction, such as contractions that are too strong or too frequent which cause fetal oxygen deprivation, a physician must respond appropriately to try to mitigate the effects on the baby.

Why do I need an attorney to handle my birth injury case?

Birth injuries can be devastating to both the child and the family. Oftentimes, the child needs lifelong care, the cost of which can be exorbitant. Without an attorney, you may not get the compensation you need to cover the lifelong costs of special care for your child. The attorneys at Daniel, Holoman & Associates LLP have vast experience in birth injury litigation and can get you the help you need. We spend a ton of time on these cases and ensure that you get the best outcome in the shortest amount of time - without compromising value.