FAQ

Personal injury is a legal term for an injury to the body, mind or emotions.  As part of a legal claim for personal injury there may be other claims asserted, such as property loss.

An injury or disability can change a life forever as well as family members who are affected.  Money cannot replace physical and mental loss. We get that.   That is why we fight so hard to make sure our clients recover the maximum amount allowed by law.

• Three facts to know before meeting an Injury attorney: Torts is an area of the law that will touch the lives of most people either directly or through a family member or a loved one. A survey of the nation’s courts conducted several years ago by the federal government revealed that almost two-thirds of the civil cases they handled were related to injury law in one form or another. A lawyer handling tort cases is a tort lawyer or a personal injury lawyer, and the cases usually involve an injured person suing another party to collect compensation for damages suffered by the victim. Being injured in an accident does not, however, automatically entitle you to receive compensation. There are three facts about personal injury you need to know in order to understand your rights as an accident victim.
• Bus Accidents
• Personal injury law is more than just car accident:

  There are a number of different situations other than a car accident under which you might need an injury attorney, including:

  .   Intentional torts: assault, battery, false imprisonment and other conduct that is done for the purpose of causing injury to another person

  .   Medical Malpractice: injuries caused by the negligence of a doctor or other health care provider

  .   Dog bites: claims against the owner of a dog or other animal that injures a person

  .   Premises liability: slip-and-fall, faulty wiring, unsafe construction and other conditions associated with buildings and sidewalks

  .   Product liability: the unsafe design, inadequate instructions or manufacturing defects that can cause injury to users of products and equipment. These are the most common type of injury claims – Auto Accidents, DUI/DWI Accidents, Truck Accidents, Motorcycle Accidents, Public Transport Accidents, Work Accidents, Bicycle Accidents, Slip and Fall Accidents, Product Liability, Wrongful Death Claims, Medical Negligence,  Bus Accidents, 

   

• We, have helped clients with these Injury Accidents below – Head Injuries like Closed Head Injuries, Subnormal Hematoma, Concussions, Post Concussive Syndrome; Spinal Injuries like Neck, Neck pain, stiffness, soreness and numbness, Cervical vertebrae fracture, Axial Burst Fracture, e.t.c; Mid Back (Thoracic) for example Back pain, stiffness, soreness and numbness, Cervical vertebrae fracture, Compression fracture, e.t.c; Shoulder Injuries, e.g Broken Collarbon, Fractured Clavicle, Fracture of the Scapula and Impingement Syndrome; Arm Injuries, Humerus, Radius, and Ulna Fractures, Open Reduction Surgery, Carpal Tunnel, Distal Radius Fracture, Broken Wrist, Scaphoid Fracture, Hand and Finger Injuries; Hip Injuries like Fracture of the Pelvis, Hip Fractures, Avascular Necrosis; Leg Injuries like Thighbone (Femur) Fracture, Plating, External Fixation, Internal Intramedullary Fixation, Shinbone (Tibia) Fractures, Stress Fractures, Knee Injuries, Ankle Fracture, Foot Injuries; 

At Matt Attorneys Law Firm, we understand that these types of injuries can cause on-going disabilities and a lifelong struggle for the victims and their families. You can put your trust is us to get the money and benefits you deserve.

Don’t hesitate. Please contact us today by filling out our online form or through our email at support@mattatty.com

• We Know You’ve Worked Hard And There May Be A Reason You Can not work:

  You may qualify for disability benefits if you are currently not able to work a full-time job for any health-related reason. However, obtaining Social Security disability benefits can be a long and confusing process without an attorney to guide you.

  If a person who has paid into the Social Security system suffers from a disability that has resulted or will result in them being unemployed for more than twelve months, then they may be entitled to Social Security disability benefits.

  If you believe you qualify for disability, you should immediately contact our office so we can help you with your initial application. After we submit your application, it is then reviewed and will be approved or denied. This is why it is important to obtain an attorney as soon as possible. We are some of very few attorneys who offer our services at the initial application stage for SSDI.

  If you have already applied and been denied it is not too late to obtain an attorney. After being denied, you will be given 60 days to appeal and ask for reconsideration. Our firm will then file your appeal and gather important information to support your claim.

  The federal government clearly outlines specific criteria that must be met before someone can be declared disabled and eligible for benefits. For example, you must be totally disabled, meaning that you have a condition, or combination of conditions, preventing you from performing gainful employment. Our attorneys are familiar with these criteria and can advise you with their years of experience.

  If you have not worked enough to qualify for SSDI benefits, you could possibly be entitled to disability benefits through the Supplemental Security Income (SSI) program. This is only if you have hardly any income or very few assets, if any. If you have already filed a claim you can check the status online by creating an account.

•  Three Reasons Hiring SSD Lawyers Can Work: Most people associate Social Security with retirement benefits as you get older. The Social Security Law also provides benefits for younger individuals who are disabled through the Social Security Disability and Supplemental Security Income programs. You are not required to hire an attorney for Social Security disability or SSI benefits, but there are three reasons why an attorney might be beneficial to you.
• Attorneys Understands The Eligibility Requirement For SSDI and SSI:

  You might be eligible to receive Social Security Disability benefits if you suffer from a medical condition that prevents you from working full-time. Proving that you suffer from a disability can be a challenge. Most first-time applications for benefits are denied by the Social Security Administration.

  Unless you have been or are expected to be disabled for at least 12 consecutive months, your application for benefits will be denied. SSD lawyers understand how to work within the criteria used by Social Security to evaluate your disability. According to the government, you must fulfil all of the following to meet the disability criteria:

  .   Be unable to perform the type work you previously performed

  .   Be unable to perform other types of work

  .   Be disabled for at least 12 consecutive months or be expected to die from the disabling condition

  Lawyers know that proving your disability can involve more than just a report from your physician, so they work to gather additional information that will support your need for disability. Some examples of this information might include medical test results, work history records, physician statements, and statements about your disability from friends and family members.

• A Lawyer Knows How To Present Your case:

  When you are represented by a lawyer, Social Security realizes that someone who understands the law will use it to your advantage. For example, you might be eligible for retroactive benefits for up to 12 months prior to your application date, but it depends upon the alleged onset date of your disability.

  Attorneys understand the complexities involved in determining onset dates. They also know how to fight on your behalf when the government counters the alleged onset date with its own date that is referred to as the established onset date. The established date must be supported by medical evidence, so your lawyer may be able to fight them on this point.

• Appeals Of Denials For Disability Benefits Can Be Difficult:

  Social Security Disability denials go through multiple levels of appeals. When dealing with an attorney Social Security is confronting someone with knowledge of the law and the skills to draft briefs and present evidence in support of your claim. Individuals attempting to handle their own appeals are at a disadvantage because they are attempting something new and unfamiliar to them.

  SSD lawyers have experience conducting cross examination of medical or vocation experts presented by the government at hearings. They also know what documents or testimony can be the most beneficial to your case. The legal arguments they use at the higher appeals are supported by what they accomplished on your behalf at the hearing stages of your claim.

  The Matt Attorney Law Firm has been able to help many people with legitimate claims who have been denied Social Security Disability benefits. Please contact us using the form here or through our email at support@mattatty.com

• THESE ARE THE FREQUENTLY ASKED QUESTIONS:
  

  What is disability?

  – The term “disability” is defined by Social Security as the inability to engage in work due to physical or mental impairment expected to last more than 12 months. This definition is often used by the Social Security Administration to deny benefits.

  The Matt Attorney Law Firm has been able to help many people with legitimate claims who have been denied Social Security Disability benefits.

  How do I apply for Social Security disability benefits?

  There are several different ways to apply. We can assist you with this if you qualify for SSDI.

  How does my lawyer get paid?

  All fees must be approved by the Social Security Administration. The fee is normally 25% of back benefits plus costs expended on your behalf if we win your case and is normally capped at $7,200.

  Why Use an Attorney?

  Statistics show that claimants who are represented by an attorney are much more likely to win their claim. The Matt Attorney Law Firm attorneys have combined experience of more than 30 years of trial experience.

  How many steps is the Social Security process?

  There are three initial stages to a Social Security claim. These are the initial application stage, the reconsideration stage and the hearing stage. To learn more about this process click HERE.

  I have to go to a hearing. What should I expect?

  At a hearing you will go in front of a judge and be able to present evidence that you are disabled. This can be a strenuous process and it is best to have an attorney present to assist you.

  My benefits were denied. What are my options?

  You may be able to appeal your decision if you were denied for medical reasons. You need to obtain an attorney to help you with the appeal process in order to greatly improve your chances of receiving a favourable decision.

  How long does it take to get a hearing for a Social Security disability claim?

  In most cases it takes around a year before a hearing is scheduled. In rare cases hearings can be expedited if you are terminally ill or are facing dire need financial problems. This has to be determined by the Social Security Administration and is very rarely approved even with substantial documentation.

  What is Supplemental Security Income (SSI)?

  SSI is a type of disability benefits for low-income families who are not eligible for Social Security Disability. If your household make less than $1,000 a month and has very few assets, you more than likely qualify for SSI benefits

  I haven’t been going to the doctor because I don’t have insurance and I can’t afford treatment. Will that affect my ability to get Social Security?

   

   

  Yes. Proof of medical treatment is medical treatment is essential to your disability claim.

We know accidents can happen in the workplace.

Our attorneys have been handling these cases for 25 years. Since 1995, our firm has served thousands of satisfied Workers’ Compensation clients and that number is constantly growing. In fact, we find that insurance companies are denying more claims than ever before, while also attempting to pay out less!

With a phone call to our firm and a free consultation, we can help you understand your rights.

Most cases are handled on a contingency basis with no fees or costs unless and until we recover. Insurance companies are not required to educate you or offer you a fair amount to settle your case.

Due to the complicated and peculiar laws of workers’ compensation, it is important to have an advocate for you in the workers’ compensation system – otherwise you may never know whether you have obtained all the benefits provided under the law.

We have handled almost every conceivable type of injury at one time or another.

Five Things You Should Know If You Are Hurt At Work

There was a time in this country when a work-related injury could entail hiring workers’ compensation lawyers to sue your employer for the cost of your medical care. Eventually, states changed their laws to force employers to carry workers’ compensation insurance to cover the expenses of caring for workers who are hurt at work without making them resort to the courts. In exchange for making it easier for workers to get medical treatment, the laws protect employers against lawsuits by their injured employees.

Most employees are covered by workers’ compensation

Workers’ compensation cases can be filed by virtually all employees working at full- or part-time jobs for which they receive compensation. Some states exclude individuals employed by the federal government from coverage under state programs. States frequently also exclude independent contractors, volunteers, farmers and their family members working on a family farm, and business owners.

Benefits available to those hurt at work

If you are hurt at work through an accident or work-related illness, you are entitled to file a claim for benefits. Benefits generally include the following:

.   Medical treatment

.   Lost wages

.   Rehabilitation costs

.   Disability payments

.   Death benefits to a worker’s survivors

Under most state compensation programs, employers may designate the health care provider that injured workers must go to when they are hurt at work. The lost earnings benefit is usually two-thirds of the individual’s average salary for time lost from work due to the injury or illness, but this can vary from one state to another.

Injured workers retain the right to sue third parties

Employees who file workers’ compensation cases cannot sue their employer, but they retain the right to sue third parties who might have contributed to the incident that caused their injuries. For example, a factory worker injured while operating a piece of machinery must file a claim for workers’ compensation benefits instead of suing the employer. The worker retains the right to sue the company that produced the machine if it can be proven that it was defective.

You cannot be fired or retaliated against for filing a claim

Your employer cannot retaliate against you for filing a workers’ compensation claim. Most state laws prohibit firing, demotion or other adverse action against you by your employer. If you believe you have been subjected to retaliation, you should contact your state’s workers’ compensation agency.

You must immediately report an accident or illness to your employer

If you are hurt at work, you must report it to your employer right away. Illnesses, such as those caused by inhaling toxic fumes or substances in the work environment, must be reported as soon as you have symptoms and believe they might be related to the work you do.

A workers’ compensation attorney is a good source of information, legal advice and guidance if you have suffered an injury or illness related to your job. Some conditions, such as carpal tunnel and other repetitive stress injuries, might not appear to be work related, but an attorney can review the facts with you to determine if you can file a claim for benefits.

Some of the types of workers’ compensation cases we have handled include:

• Death claims for beneficiaries and dependents
• Injuries/surgery to the Spine:
  • Neck (Cervical)
  • Middle Back (Thoracic)
  • Lower Back (Lumbar)
  • Herniated, bulging, and protruding discs
  • Fractured Vertebrae
  • Strains and Sprains
  • Radiculopathy (radiating nerve pain)
  • Nerve damage
  • Foot drop
  • Myelogram, MRI, Discectomy, Fusion Surgery, Internal Reduction
• Injuries/surgery to the legs, feet, toes, hip, knee, ankle
  • Fractured femur, patella, fibula, tibia, foot, heel, toes
  • Pelvis, femoral head, Avascular Necrosis (AVN), foot drop
  • Nerve entrapment
  • Nerve conduction studies
  • Arthroscopy
  • Hip replacement
  • Torn tendons, ligaments, ACL, MCL, knee replacement
• Injuries/surgery to the arm, shoulder, hand, fingers, wrist, elbow
  • Cubital tunnel syndrome, ulna nerve entrapment, repetitive trauma, lateral epicondylitis
  • Torn biceps, muscles
  • Fractured humerus, ulna, radius, scapula
  • Tendonitis, tendinopathy, bursitis
  • Strains and Sprains
  • Arthroscopy
  • Shoulder replacement
  • Amputations
  • Dupuytren’s Contracture
  • Torn Rotator Cuff, frozen shoulder, dislocated shoulder
• Occupational disease cases
  • Radiation exposure
  • Lung diseases
    • Byssinosis (Brown Lung in textile industry)
    • Hypersensitivity pneumonitis
    • Asbestosis
    • Cryptococcus or Psittacosis – Inhalation of bird droppings
  • Psychological
    • Psychological Post Traumatic Stress Disorder (PTSD)
    • Depression
    • Anxiety

Other conditions we have handled:

• Vision loss
• Hearing loss
• Speech impairment
• Olfactory nerve loss
• Incontinence
• Paralysis Complex Regional Pain Syndrome (CRPS)
• Reflex sympathetic dystrophy (RSD)
• Infection
• MRSA
• Osteomyelitis Brain Injury
• Closed head injury
• Subdural hematoma
• Scarring and disfigurement

Workers’ Compensation covers the following:

• Medical care related to the accident or injury.
• Wages lost while you are unable to work.
• Permanent disability. Disfigurement, physical impairment and loss of limbs.
• Reimbursement for certain mileage costs relating to your doctor visits or traveling to get your prescriptions.
• Death benefits.

• We know thousands of people get injured every year due to dangerous or defective products.

  If a product is defective, dangerous or its design has not been tested thoroughly to assure proper safety standards have been met, then the manufacturer of that product may be held liable for the damages or injuries that it could cause.

  At Matt Attorney’s Law Firm, we have successfully helped many individuals take a legal stand against manufacturers of dangerous products like medical devices, motor vehicles, power tools, children’s toys and any other item that has caused an injury to you or a family member.

  Examples of product liability suits that we have handled include:

  • Electrical fires
  • Auto defects
  • Medical products
  • Consumer products
  • Heavy equipment or industrial machinery such as forklift malfunctions 
    

    Frequently Asked Questions

    I, as well as others, have been hurt when using a product. Do we have a class action?

    You may have a class action suit if there are a number of people who have been injured with the same characteristics by the same product. If your circumstances are similar to others who have been injured, you could hire an attorney to represent all of your claims.

    I was injured using a product. Is the manufacturer liable for my injuries?

     

     

    Possibly. Product liability cases turn not only on whether there was an injury from using the item but also on whether the product was defective or unexpectedly dangerous as well.

    I was in a car accident and the air bags in my car didn’t deploy. Do I have a case against the car manufacturer?

    That depends, as there are several factors that go into whether or not an air bag will deploy in a collision. Assuming you’re referring to a driver’s side air bag located in the steering wheel of the vehicle, it’s set to deploy only in a frontal collision. So, if your vehicle were struck in the rear, you wouldn’t expect the air bag to deploy. But, if you had a collision with an object in front of your vehicle, and your speed was in excess of approximately 12 miles per hour on impact, you should expect the airbag to inflate. Your best bet is to keep the car and consult with an engineer and an attorney.

    What do you need to prove in a products liability case?

    This varies from state to state. Product liability cases are generally based on strict liability rather than negligence. Strict liability means that you don’t have to prove fault, you only have to prove that the product was defective, it injured you and your injury was as a result of the defect.

    What are the defendants likely to argue against my case?

    The defendants are likely to argue that you were not using the product as intended when you were injured. They may also say that it was due to your own negligence that you suffered injury. In some cases your lack of due care may reduce the amount that you can recover. If you are partially at fault for your injuries, you may only recover a portion of damages that can be attributed to the defendants. This is called “comparative negligence” or “comparative fault.” There may be some instances where your negligence had nothing to do with the cause of your injuries and you would recover fully. An example would be where you were driving while intoxicated but were injured due to faulty brakes on your car.

    Is there a certain amount of time that I have to file my case?

    Yes, in every state there is a limited amount of time, called a “statute of limitations,” in which you have to file your lawsuit. The time when the statute of limitations begins to run is usually the date of injury. Some states have what is called a “delayed discovery” rule where the statute of limitations doesn’t begin to run until you “discover” the injury. This is important in some cases, such as where you develop cancer due to exposure to a hazardous material or you have breast implants that leak, and you don’t know about it until months or years later.

    What is the basis for a products liability claim?

    There are three basic types of defects:

    • Manufacturing Defect: The product is well designed, but the way in which it was made makes it unsafe. Maybe the kind of plastic used was weak and that caused the plastic to break when it should have been sturdier.
    • Design Defect: The design of the product is unsafe, so the entire product line is unreasonably dangerous. See if there’s a better way to design the product and whether it makes sense to do so. Design defects also apply to the way a product is packaged. For example, if a drug is supposed to be sold in a childproof container and it’s not, and a child takes the drug and dies, the manufacturer can be held responsible.
    • Insufficient Instructions or Warnings: The manufacturer may design a product that’s perfectly safe and has no manufacturing defects, but then fails to include proper warnings or instructions for safe operation.

    What is a defective product?

    A “defective product” is a product that causes damage or injury to a person as a result of some defect in the product itself, its labelling or in the way that the product is used. The manufacturer or the person who sold the product to you can be held liable. All states have some form of products liability. Cases include everything from a car seat with handles that break when they’re being carried, to a car with an airbag that will not deploy, to harmful side effects from a drug that is improperly tested.

    What type of damages can I recover?

    You can potentially recover four different types of damages from a products liability case:

    • Compensatory damages – these are the damages to cover your medical bills, time lost from work and any property damage that was caused by the defective product.
    • Pain and suffering – these damages are for the pain that you endured as a result of your injury.
    • Loss of consortium – these damages are to compensate you for the effect this has had on your relationship with your spouse. Your spouse may be able to recover this type of damage even if the defective product did not personally injure them.
    • Punitive damages – if the defendants’ conduct was so awful that the courts want to be sure that they and others will never do it again, they may award damages that punish the defendant. Many jurisdictions are limiting or restricting the number of punitive damages that you can recover.

    Who can be held responsible if a defective product injures me?

    The manufacturer, the company that sold it to you or the person who repaired it can be held responsible. Someone who didn’t purchase the goods, but were using it in a manner that was foreseeable, may also be covered if they’re injured. People who are injured when someone else was using the product may be covered as well, if their injuries were caused by the product’s defect. Manufacturers are responsible for damages caused by the defective product. Sellers of the product, which includes everyone between the manufacturer and the reseller such as wholesalers and distributors – those who are considered to be in the “chain of commerce” – may be liable, even if they didn’t know of or cause the defect. There may be a question whether the seller can be held liable for a defect in a product if you purchase “second hand goods.” This varies upon the circumstances and from state to state. However, if the product was guaranteed to work like new, then there may be a basis for liability.
    Tracking down all of the parties who may be responsible is tricky – a good attorney will be vital in finding all of the parties that should be sued.

    Will I need a lot of money to pursue a claim?

    Most product liability cases are taken on a “contingency fee” basis, which means that you don’t have to pay the attorney unless they’re successful. If they do get you some compensation, then they take a percentage of the settlement. In some states the attorney is even allowed to pay the expenses in the lawsuit (witness fees, medical bills, and so forth) and you reimburse those at the end of the case from the settlement or award. Some states require that you pay the costs as they come up, so it’s important to discuss this with your attorney up front.

    Will it affect my case if I used the product in a way not necessarily intended?

    Will it affect my case if I used the product in a way not necessarily intended?

    Manufacturers are obligated to anticipate foreseeable misuse by consumers. They’re required to warn consumers about potential dangers when using the product in manners not intended. If it was not possible to foresee the manner in which a consumer used a product, the manufacturer may not be liable for any damages.

     

     

    We know you need help and we’re ready.

    The consequences of dangerous product defects or failure can be devastating. If you feel you have suffered due to a bad or defective product then please contact us through our customer care box or through our email at support@mattatty.com