Practice Areas
Personal Injury/Auto Accidents
If you have been injured in an accident, a lawyer is valuable for collection of all documentation for negotiation and settlement of your claim, and to identify all available insurance coverage. In cases that do not settle, our trial experience will insure a fair award of damages. We represent clients on a 1/3 (33 1/3%) contingency fee for settlements before litigation. Based upon area wide jury verdicts, it is almost always better to settle a "soft tissue" injury claim unless there is a significant or objectively demonstrable injury. In cases that do not settle, our trial experience will insure a fair award for damages. As it was said over 3,000 years ago "The one who struck the blow will not be held responsible if the other gets up and walks. However, he must pay the injured man for the loss of his time and see that he is completely healed." Exodus 21:18 & 19.
Divorce & Custody (Family Law)
I represent Husbands and Wives whose spouse's use domestic violence petitions to gain advantage in divorce cases. We expose this tactic for what it is. I enable fathers or mothers to gain legal custody and stay involved in their children's lives. I will protect your income and assets from unfair demands so you can move on with your life. These cases are handled on an hourly rate of $180.00 with a retainer to cover the anticipated time involved at the end of the case for preparation for trial and the trial itself. The usual retainer is from $900.00 to negotiate a Settlement Agreement, or for litigation $1,350.00 to $3,600.00, depending on the probable length of trial and the number of issues involved. If the case settles before trial, as most do, the unearned portion of the trial retainer is returned.
Medical Malpractice
A bad outcome does not necessarily indicate malpractice. To prove malpractice, an expert witness will have to be retained, once we identify the likely area of malpractice and confirm that the physician is in agreement with our view, in principle. However, it is not enough to prove negligence. We have to be able to prove that had the negligent act or omission not occurred, the outcome of the medical condition of the patient would have been positive. Thus, we will have to try a "case within a case." We will accept a malpractice claim if the damages or injuries are significant. We accept most medical malpractice cases on a 1/3 contingency fee, or for $40,000.00 if we agree to advance costs and expenses. Costs for expert witnesses in most cases run between $30,000.00 and $50,000.00, although we are usually willing to help with these expenses. For medical cases, we will advance client costs in most cases, and do not expect the client to pay for any of the legal work if the claim is not successful.
Auto Lemon Litigation
It is common knowledge that when certain new cars begin to give their buyers problems early on, problems continue. Often the dealer and/or manufacturer are unwilling to admit to a defective product, and a civil suit is necessary to enforce the warranty and cancel the contract. Fees awarded will likely reimburse you for most or all of your fees and costs, and leave you with a refund of your finance payments, down payment, insurance charges, etc, i.e. all monies paid by you in connection with your vehicle. With proper case selection, we have never lost an auto warranty/lemon case. Attorneys fees are awarded to a successful consumer under the "lemon" law or the federal Magnuson-Moss Warranty Act.
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The Shore Law Firm