Personal Injury

The personal injury attorneys at O’Brien, Barton & Hopkins help clients who are victims of accidents or injured through the negligence of professionals. The majority of our personal injury services are performed on a contingent fee basis. This means that the client will be responsible for out of pocket expenses only. The client does not pay attorney fees unless there is a successful settlement of the client’s claim. At the time of settlement, the law firm will receive a portion of the settlement as payment for our services.

The following are examples and definitions of the basic types of personal injury cases with which we have experience:

Serious Injury

Bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Wrongful Death

The death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a parent as well as the amount of financial support the child would have received from the now-dead parent while a minor, a spouse could recover damages for loss of the deceased spouse’s love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support from a child. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).

Claims Against the Government

Any time one believes he/she has a right to payment for damages from the government or on an unpaid contract with a government agency (including city, county, state, school district.) The first step is to file a written claim according to state laws, which vary considerably. Usually the time to file a claim is relatively brief. If the claim is rejected or ignored and the claimant wants to try again, the claimant must file a lawsuit within a time period usually shorter than other types of lawsuits.

Defective Products

A product is in a defective condition, when it has a propensity or tendency for causing physical harm beyond that which would be contemplated by the ordinary user, having ordinary knowledge of the product’s characteristics commonly known to the foreseeable class of persons who would normally use the product.

Uninsured Motorists

An “uninsured motorist,” is defined as a motorist with no liability insurance applicable to any person legally responsible for the use of the automobile, where neither the operator nor his only passenger were covered by any liability policy, including a policy issued on the vehicle. In such an instance, a client may be able to pursue the individual assets of the uninsured motorist or make a claim against the client’s own underinsurance provisions of her/his automobile insurance policy.

Medical Negligence

A physician’s duty of care requires that the physician use care equal to or exceeding that which would be exercised by a reasonably prudent doctor who has the degree of skill, care, and learning possessed by other members of the medical profession in the state. If the physician’s care of his/her patient is below this particular standard, it is said that the physician has committed medical negligence, or malpractice. The personal injury attorneys at O’Brien, Barton & Hopkins help clients who are victims of accidents or injured through the negligence of professionals. The majority of our personal injury services are performed on a contingent fee basis. This means that the client will be responsible for out of pocket expenses only. The client does not pay attorney fees unless there is a successful settlement of the client’s claim. At the time of settlement, the law firm will receive a portion of the settlement as payment for our services.