You can expect expertise and aggressive representation on your behalf from the personal injury attorneys of our Orange County practice.
Heather: When you initially contact the law offices of Sean Burke, we'll gather information regarding the facts of the potential case. If it's a medical malpractice case or an elder abuse case in, perhaps a medical facility, we'll ask you to gather the medical records as promptly as possible, and everything does need to be done promptly because there are certain mandatory deadlines for these cases. Then, we'll set up an initial meeting with you and we'll have you come into the office to meet with Sean and myself, or one of us, and then we'll sit down and have a thorough discussion regarding your case, and gather more information. If it's a case that we think has potential, then in all likelihood we'll have you sign an authorization form, releasing additional documents to the law office. We'll have you sign an attorney-client retainer agreement, and then we'll embark on a thorough investigation of your case, utilizing the services of medical experts, to evaluate the medical issues of the case, and perhaps the damages aspects of the case as well. After thoroughly investigating the case and we have a good high threshold for cases, which only serves the client, because these are very difficult and expensive cases. So we do a very thorough investigation of these cases, and if we feel very strongly that there's a good case, then we will proceed with the filing of a complaint. After notifying the health care providers of the upcoming litigation, we will file a complaint for damages and assert the different courses of action that we think are applicable to their case. After filing the complaint and receiving the confirmed complaint from the court, we then will serve the individual defendants with summons in the complaint. Those individual defendants then have 30 days to file what is called a responsive pleading with the court, which could either be an answer or it could be a document challenging the complaint. We then file the necessary documents to oppose that challenge to the complaint, and then once the court makes its ruling, and all the parties are in the case, then we proceed with what we call the initial discovery phase of the case. The initial discovery phase of the case involves written questions, document requests and it's a time that we work very closely with the clients, in gathering information and documents. Then, so they know we're doing the same with the doctors and hospitals and the nursing facilities, or whoever the defendants are in the case. We're asking them questions. We're asking them to produce documents. Then we enter the deposition phase of the case, where we not only meet with the client in advance of the deposition to comfort them, because it's a stressful situation going through a deposition for anyone, but then we're sitting by their side during the deposition representing them. We're then taking the depositions of the defendants and witnesses in the case. The whole time our medical experts are being advised of the details of what is going on, and they're helping us behind the scenes. Eventually in a case, several months later the parties exchange lists of experts that they have designated. At that point, deposition notices are sent to take the depositions of those experts. If a case has not resolved up to that point, then we proceed to trial and we represent the clients at trial. A deposition is under oath, where there is a court reporter taking down every word that the person is saying. Usually, a deposition takes place in a conference room, where the defense attorney will be sitting opposite the person being deposed. If it's our client, we are then sitting next to our client and we are asserting legal objections on their behalf during the deposition, and it's a question-answer session, so that the defense attorney will ask them background information and facts relating to the case, and they're answering those questions one at a time.