Berta - Lawyer Finally Takes My Tort Claim

[Teac]

A year ago this month the va screwed up my left eye cataract surgery. I have looked of lawyer for a year. Today a well know Austin texas law firm accepted my case for represenation. I was told that a claim of 300,000 was not unusal for the damage the va did, and that it likely will settle outside of court for at least 200,000. The law firm gets 20% of the settlement or 25% if it goes to court.

I was really surprised by the call from the lawyers office, I expected another turn down, but was assured that I clearly have a winning claim.... wish me the best of luck because since I am already 100% a new rating would not provide me any additonal compensation...... so this is the only way I can get compensation for this problem.......

Edited May 15, 2009 by jbasser

[Pete53]

I am glad that you got a good Lawyer and sad for what happened to you. I am sure its more about what the VA did to you than anything else. Seems like a very fair fee that you have agreed to.

I think in Texas that we are limited to 500,000 thanks to our last President.

[john999]

25% is very low for this type of claim. I think in Florida the malpractice lawyers usually get 40% plus expenses beyond the award. I used a nursing home and we won 575,000 bucks and the lawyer got almost half including expenses. When I say "we" I mean the estate.

[carlie]

Teac,

Sounds like your filing suit under the FTCA, if so, I believe my law firm was limited to

20 % of the my award - because the money comes from the tax payers.

On Federal Tort Claims, I do remember the percentage the lawyers are entitled to

is the same percentage in every state, as it is Federal.

jmho,

carlie

[Teac]

Teac,

Sounds like your filing suit under the FTCA, if so, I believe my law firm was limited to

20 % of the my award - because the money comes from the tax payers.

On Federal Tort Claims, I do remember the percentage the lawyers are entitled to

is the same percentage in every state, as it is Federal.

jmho,

carlie

Did you win your claim?

[carlie]

Teac,

Through court ordered mediation,I settled at

about 25% of the lowest figure you posted

and the doctor no longer being licensed.

carlie

[Berta]

"wish me the best of luck because since I am already 100% a new rating would not provide me any additonal compensation...... so this is the only way I can get compensation for this problem......."

Right! and this is good news-

FTCA is a complex issue (then again my FTCA case was easier to prove that my other claims-maybe because lawyers at VA can read)

Teac- I realised in 2003 that I could not sue VA twice for same death so I filed an AO claim- it was not filed as Sec 1151 either-because I already had 1151 award-but I had uncovered the exact etiology of the malpractice they paid FTCA settlement to me on-

I re-opened with additional malpractice and as you know I got a BVA decision 2 weeks ago that awards all pending claims I had (6 I think-even the CUE claims)

I am bringing his up to you because you are in same position as I am- for a FTCA case as a distinct separate award from any VA comp-

If you state has a cap (I checked this before I negotiated with the General COunsel)you know how high he lawyer can try to get them to go on a OOC settlement.

If you dont like the offers the lawyer might well recommend federal court -

I am glad you pursued this- over the years I have had many questions about FTCA from vets or widows who did seem to have basis for FTCA claims- yet who failed to follow through-

many -like me-were told by lawyers we didnt have a case-

so I did my FTCA myself and succeeded-makes you wonder about the legal community sometimes

I tried to get pro se attorney fees added to my settlement (since I had done all the legal work myself)and at this point the VA attorney was exasperated!

He said I had given them a very tough fight-and I held quite firm on what I would accept as a settlement.

This is what a good malpractice lawyer will do for you-

it will save you los of time preparing paperwork and then dealing with the VA lawyers one to one.

(who are magnificent lawyers-in my opinion- and they are tough)