• Criminal defense
  • Assault
  • Battery
  • Federal charges
  • Financial crimes
  • Felony crimes
  • Misdemeanor crimes
  • Drug crimes
  • Underage offenses
  • Probation violations
  • Securities fraud
  • White colla
  • Drug possession
  • Government investigations
  • Conspiracy and solicitation
  • Racketeering
  • Financial fraud
  • Money laundering
  • Bank fraud
  • International law
  • Medical malpractice

PERSONAL INJURY

Whether you or a loved one were involved in an accident or suffered from medical malpractice, you deserve personalized, top-tier representation in your personal injury case. At Marshall and Martinez Law Firm, our goal is to help you receive the compensation you deserve for your loss related to cases such as automobile accidents, including car, truck, and motorcycle, bicycle accidents, pedestrian accidents, slip and fall, nursing home abuse, and wrongful death, to name a few. If you suffered a Personal Injury,  call (866 978-4967)  to speak to an attorney.

 

The Types of Personal Injury

At Marshall and Martinez Law Firm, our team of  personal injury lawyers are focused on seeking justice and full compensation in cases of serious injury. As trial lawyers, we have a unique perspective on how to develop a case to negotiate the highest level of compensation possible. Our legal skills and experience allow us to develop and present convincing, fully-documented personal injury cases that can persuade a jury to award high levels of compensation or lead to high-value negotiated settlements. We provide professional counsel in a wide range of personal injury cases, including:

 

  • Class action law suits
  • Compensations for different types of agraviattions
  • Vehicle accidents: Head-on accidents, sideswipe accidents, multi-car accidents, highway accidents, rear-end accidents
  • Pedestrian accidents: Serious and catastrophic injuries, broken bones, brain and spine injuries, or wrongful death
  • Motorcycle accidents: Fractures, amputations, spinal cord injuries, brain, and head injuries, disfiguring injuries and loss of life.
  • Uber and Lyft accidents: Caused by a driver or other party, leading to serious injury or death.
  • Boating accidents: Drownings, brain injuries, spinal cord injuries, wrongful death.
  • Truck accidents: Commercial trucks, big-rigs, 18-wheelers, delivery trucks, dump trucks, construction vehicles, etc.
  • Scooter accidents: More and more scooters are appearing in Bethesda, and riders are at risk of being seriously or fatally injured by vehicle operators.
  • Bicycle accidents: Head injuries, spinal cord injuries, broken bones, amputations, permanent disability, traumatic brain injuries, wrongful death.
  • Bus accidents: School bus accidents, city bus accidents, tour bus accidents, private bus accidents, church bus accidents, and others.
  • Medical malpractice: Birth injuries, surgical errors, anesthesia errors, medication errors, medical negligence, and loss of life.
  • Premises liability: Slip and fall, trip and fall, negligent security.
  • Assaults: Lawsuits against the defendant due to injuries the victims sustained due to their negligence. Some rape cases can be considered assaults.
  • Product liability: Faulty manufacturing, design defects, marketing defects, causing serious or fatal injuries.
  • Nursing home abuse: Physical abuse, sexual abuse, psychological abuse, neglect, abandonment, financial abuse, loss of life.
  • Dangerous drugs: Lawsuits against drug manufacturers, pharmaceutical companies, distributors and others who may be held liable for injuries, serious health conditions, or loss of life.
  • Dog bites: Disfiguring injuries, amputations, eye injuries, broken bones, head and neck injuries, serious infections, loss of life.

 

Picking the Right Personal Injury Lawyer

When searching for an injury attorney in the DMV area,  you may ask yourself, what should I look for to find “the best” personal injury lawyer? The truth is, personal injury, and law in general, has a wide variety of cases and situations, and there are no one-size-fits-all solutions. However, in general, there are a few things that you should look for.

The first is whether that attorney’s experience fits the scope of your situation. For instance, you shouldn’t consider a tax attorney for a slip and fall case, simply because they don’t practice that type of law. Instead, that person would search for a highly skilled slip and fall lawyer, as they have extensive experience with that particular type of case. The same goes for truck accident cases, medical malpractice, brain injuries, and spinal cord injuries.  Each of these cases have intricacies and difficulties that require experience and a complete understanding of the type of law.

The next thing to consider would be whether they have experience within that jurisdiction. It is highly important to retain a lawyer who has an intimate experience with the court system, the area itself, and the defense attorneys and judges who may be involved with the case.  This way, they are equipped to handle any situation that may arise, as well as anticipate how the opposition may set up their defense.

Lastly, making sure that you can trust the attorney is another important step. Scheduling a consultation to go over the facts of the case is extremely helpful in determining whether the attorney can help and whether they will be a good fit for you as well as your situation.

 

The Initial Consultation

Our firm is upfront about whether we can help, as well as very honest about our opinion of the case. During a free initial consultation, we will talk about the various losses the injured party has incurred. Such losses include medical bills, lost wages, and lost earning capacity, as well as pain and suffering. We also take into consideration what their future medical and financial needs will be as a result of their injury.

 

Accident Statistics

The New York Department of Transportation has issued statistics that reveal the staggering number of fatal accidents and serious injury accidents in the state, numbers that include the Bethesda area. In the most recently reported year, the statewide numbers were:

  • Fatalities: 517
  • Injury crashes: 34,518
  • Total number of injured persons: 51,182

In Bethesda, certain areas of the 495 Beltway have been identified as being particularly dangerous for drivers, including Silver Spring and McClean, with 88 crashes per mile at Silver Spring and 56 crashes per mile on McLean.

 

Bicycles, Motorcycles, and Pedestrians

Cyclists, motorcyclists, and pedestrians are at risk of serious injury in the Bethesda area. While city leaders have new bike lanes planned, many drivers resent cyclists sharing the road and drive aggressively, leading to serious injury or loss of life. The numbers of motor vehicle accidents in Bethesda have slightly declined, there are still shocking numbers of cyclists, motorcyclists, and pedestrians fatally or seriously injured every year in the area. Statewide, in a recent year, the numbers were:

  • 130 pedestrian deaths
  • 4,128 pedestrian injuries
  • 8 motorcycle deaths
  • 3 cyclist deaths
  • 1 scooter rider death

 

Powerful Representation and Personal Attention

Marshall and Martinez Law Firm, fully understands that this is a highly stressful time. All of our personal injury attorneys here prioritize our clients and fight tirelessly for them to obtain the best results possible, no matter how complex the case may be. We treat every case with the personalized attention it deserves, providing clients with assistance, and support at every stage of the legal process. Our firm can operate on a contingency fee basis, which means that we see no payment unless we win your case.

 

Contact Marshall and Martinez Law Firm

Understanding that every injury case is different, do not stick to “general” tips, rather seek a professional that knows your exact situation. If you have been injured by the negligence of another, we will be happy to speak to you about your case. Contact Marshall and Martinez Law Firm Offices for a free case evaluation today.

MEDICAL MALPRACTICE

Medical Malpractice Attorney

As horrible as it may seem, medical error is a leading cause of injury and death in the U.S. If you or your loved one has been injured through a healthcare provider’s negligence, contact the Bethesda medical malpractice lawyer at Marshall and Martinez Law Firm, LLC today. We are dedicated advocates for victims of medical malpractice.

Why Choose Marshall and Martinez Law Firm

 

  • Our trial lawyers have more than 50 years of experience. We know how to handle medical malpractice cases and what it takes to win maximum compensation for our clients.
  • Our personal injury lawyers on a contingency fee basis, allowing injured people access to the legal system and justice. You do not pay us any fees unless we secure a recovery for you.
  • We value relationships and forge close partnerships with our clients. As your law firm, we will protect your rights, answer your questions, and keep you informed of the progress in your case.

 

When You Need a  Medical Malpractice Lawyer

 

When you go to a doctor or hospital for a procedure, even something routine, the last thing you expect is for medical malpractice to occur–yet it happens, often with devastating effects.

If you or a loved one were injured through the negligence of a doctor, registered nurse, physician’s assistant, or another healthcare professional, contact an experienced medical malpractice attorney as soon as possible after the discovery of the malpractice. They will work with you to ensure you receive the compensation you deserve.

 

Common Injuries

 

Some common injuries that can come from medical malpractice include injuries during surgery, such as:

  • bowel perforation
  • nicked arteries
  • nerve damage
  • operating on the wrong body part
  • leaving medical instruments or other objects inside the patient
  • and errors with anesthesia.

Other injuries can include but are not limited to:

  • bone misalignment
  • infection from poorly maintained surroundings or unchanged dressings
  • failure to recommend a diagnostic or preventative procedure
  • failure to perform a test or diagnostic procedure in a timely manner
  • and failure to monitor the patient.

If any of these occurred to a patient, they should contact a highly skilled medical malpractice attorney as soon as possible after the discovery of the malpractice to receive optimal representation and ensure the statute of limitations does not run out.

 

Payouts for Medical Malpractice Claims By Severity of Outcome

 

As stated in the Diederich Healthcare Medical Malpractice Payout Analysis, nearly $4 billion ($3,925,073,250) was paid out for medical malpractice claims in a recent year. As classified by the severity of the outcome, this astronomical sum was paid out in the following proportions:

  • Death – 30%
  • Major permanent injury – 20%
  • Significant permanent injury – 18%
  • Quadriplegic, brain damage, and lifelong care injuries – 12%
  • Minor permanent injury – 8%
  • Major temporary injury – 7%
  • Other – 5%

 

Medical Malpractice Payouts By Type of Malpractice

 

Diederich Healthcare also classified medical malpractice payouts during a recent year according to what type of malpractice was claimed by injured parties. In this classification, the $3,925,073,250 sum was allocated as follows per type of medical error:

  • Diagnosis errors – 34%
  • Surgical errors – 22%
  • Treatment errors – 19%
  • Obstetrics errors – 9%
  • Medication errors – 5%
  • Monitoring errors – 5%
  • Other errors – 6%

 

Statistics

 

Because it is not always detectable and oftentimes under-reported, the total number for medical malpractice cases in the United States varies. The Institute of Medicine puts the number from anywhere between 44,000 to 98,000 deaths and over one million injuries as attributable to medical malpractice, but the Journal of the American Medical Association says that number is much higher: up to 248,000 deaths are caused by direct medical malpractice each year. These numbers are alarmingly high and for good reason.

Patients are entrusting their lives to medical professionals and healthcare facilities, and have faith that these places will give top-quality medical care. When that fails to happen, it is jarring, and completely shakes the victim’s faith in the healthcare system. These errors can lead to unnecessary testing, multiple doctor’s office visits, and lasting injuries.

Having a qualified attorney will go a long way in helping a medical malpractice victim receive the deserved compensation

 

What Must You Prove to Win a Medical Malpractice Claim?

 

We cannot necessarily hold doctors liable for a medical condition that worsens or an injury that fails to heal properly. However, we can hold them accountable for failing to perform at a certain level of proficiency and skill. When a medical professional fails to meet this standard of care and it causes injury to the patient, the provider can be sued for medical malpractice. Most medical malpractice claims are based on a theory of negligence. To prove negligence, you must show that:

  • The healthcare professional owed you a duty (doctor-patient relationship).
  • The provider breached that duty by deviating from the applicable standard of care.
  • A causal connection existed between the healthcare provider’s deviation from the standard of care and your injuries.
  • You suffered injuries as a result.

 

Expert Witness Testimony

 

To prove that a medical professional was negligent, you must show that his or her conduct fell below the generally accepted standard of care. Testimony of another medical expert in the same area of medicine is required to establish what standard of care is commonly met by others recognized in the profession as being qualified and competent to practice. Testimony of the expert witness is needed to not only establish the standard of care but to also show that the healthcare provider you are suing failed to meet it.

 

Standard of Care

 

Every hospital and procedure must follow the standard of care. This is what an attorney will use when determining whether medical malpractice occurred. The standard of care is essentially what a reasonable physician or another licensed medical professional would do under the same circumstances.

Of course, those circumstances change from patient to patient and are dependent on numerous factors like age, previous medical history, current medical status, the procedure that needs to be done, and the specialty of the medical professional.

However, all medical professionals must offer their patients the legally recognized standard or care, or risk being held accountable for malpractice. Determining the standard of care, and whether a breach occurred, is complex.

 

Obtaining Medical Records

 

Under the law, patients are legally permitted to obtain copies of their medical records for any reason. Healthcare facilities and doctors are required by law to maintain their records for five years, but may often keep them longer than that, sometimes indefinitely.

An attorney can obtain them on behalf of their clients for their malpractice case.

 

Informed Consent

 

Informed consent is a form a doctor may have a patient sign before a procedure or test is performed. This document states that the doctor has fully explained the procedure and its potential side effects and risks and that the patient fully understood those risks.

However, if the hospital did not meet the standard of care, it may still be possible to file a medical malpractice claim. An experienced malpractice attorney will be able to determine if a breach in the standard of care happened.

 

Contact a Medical Malpractice Attorney

 

If you or a loved one suffered medical malpractice at the hands of a doctor or other licensed medical professional, contact a skilled medical malpractice lawyer as soon as possible. They will work tirelessly on your behalf to ensure you receive the compensation you deserve. Contact Marshall and Martinez Law Firm, LLC for your free consultation today.

 

Financial Crimes

Fraud and Financial Crimes

 

Fraud and financial crimes are a form of theft/larceny that occur when a person or entity takes money or property, or uses them in an illicit manner, with the intent to gain a benefit from it. These crimes typically involve some form of deceit, subterfuge or the abuse of a position of trust, which distinguishes them from common theft or robbery. In today's complex economy, fraud and financial crimes can take many forms. The resources below will introduce you to the more common forms of financial crimes, such as forgery, credit card fraud, embezzlement and money laundering.

Debit/Credit Card Fraud

Debit and credit card fraud also occurs when an individual has an intent to fraudulently obtain money, goods, or services by using the access card of a cardholder who has not authorized its use. Common examples of credit or debit card fraud include using someone else's credit or debit card without that person's consent, using your own credit or debit card knowing that it has been revoked or expired or that your available balance is less than the purchase price, and using a stolen or fraudulent credit or debit card to receive money, goods or services.

 

What is Forgery?

 

The crime of forgery occurs when, with the intent to defraud, a person executes, alters or publishes a writing without the owner's knowledge or consent. This can also happen if s/he fraudulently makes a writing and holds it out to be the work of another. A "writing" can include money, coins, credit cards, checks, bank drafts, stock certificates, bonds, wills and deeds.

 

Wire Fraud

 

The crime of wire fraud occurs when someone voluntarily and intentionally uses an interstate communications device (such as a telephone or the internet) as a part of any scheme to defraud another of property, or anything else of value. For example, if you try to sell property you do not own, and in your attempt you use a your smartphone to send an email to someone trying to convince that person to purchase the land, you commit wire fraud. Wire fraud is a federal crime with serious potential consequences.

 

Types of Insurance Fraud

 

Insurance fraud is stealing. Simply put, insurance fraud is lying for the purpose of getting more money from an insurance company, whether it is auto insurance, life insurance, or any other kind of insurance. There are two types of insurance fraud: soft and hard fraud. An example of soft fraud is getting into a motorcycle accident and claiming your injuries are worse than they really are for financial gain. An example of hard fraud would be getting into that same motorcycle accident on purpose so that you can claim the insurance money. Both are crimes.

 

Why You Need a Criminal Defense Attorney

 

Being charged with fraud or a financial crime is a serious situation. If you’re charged with any one of theses crime classifications, or are asked questions by investigators, you need to talk to an experienced criminal defense attorney as soon as possible. Always talk to a lawyer before you make any statements to investigators. Your lawyer will be able to guide you through the criminal justice process and protect your interests at every stage.

 

Learn About Fraud and Financial Crimes

 

Bribery

Brief explanation of bribery, which is the act of accepting or offering something of value in exchange for influence or power in connection to an elected position or public employment.

 

Fraud

In-depth information about fraud in general and definitions of the various types of fraud – such as wire fraud; tax evasion; insurance fraud; and identity theft – plus tips for identifying fraudulent activity.

 

Embezzlement

Overview of embezzlement, a crime that occurs when an individual steals money or property that he or she has been entrusted to manage, with links to Marshall and Martinez Law Firm theft and larceny subsection.

 

Identity Theft

Brief definition of identity theft, which occurs when someone unlawfully uses another's personally identifying information (such as a Social Security Number) to commit other crimes, such as credit card fraud.

 

Money Laundering

Definition of money laundering, a crime involving the movement of illicit money and other gains into legitimate channels in order to disguise the money's illegal source and thwart tax officials.

 

Mortgage Fraud

Explanation of the various different illegal schemes related to the misrepresentation or misstatement of mortgage documents for the purpose of defrauding another party, such as a lender or a homeowner.

 

Racketeering / RICO

Overview of federal and state racketeering and RICO (Racketeer-Influenced and Corrupt Organization) laws, which make it a crime for a criminal organization to profit from otherwise legitimate business operations.

 

Securities Fraud

Definition of securities fraud, a crime in which a corporate officer, for example, makes misleading statements about the company’s stock performance or discloses confidential information related to its stock.

 

Tax Evasion / Fraud

Brief overview of tax evasion, the crime of not paying one’s legally required share of either federal or state taxes, which is punished severely and can lead to asset forfeiture or prison.

 

White Collar Crimes

So-called “white-collar crimes” encompass many separate individual crimes, most commonly related to the use of deceit for financial gains, such as Ponzi schemes; securities fraud; tax evasion; and embezzlement.