Professional Negligence

Lawyers sometimes agree to represent clients on a contingent fee basis. Instead of billing the client on an hourly basis, the lawyer agrees to accept a fee only upon the successful conclusion of the case. The fee is typically calculated as a percentage of the settlement or trial award. In the event the claim is unsuccessful, the lawyer receives no fee.

Contingent fee practice has been an essential ingredient in our justice system for more than 100 years. It permits every American, regardless of wealth or social standing, the opportunity to pursue a valid claim against even the most powerful corporation or individual. In large measure, the contingent fee has made our justice system the envy of the world. It breathes life into the democratic ideals that no one is above the law and everyone must be accountable for his or her behavior. The contingent fee is the equalizer -- the one device in law that gives injured people, no matter what their financial means, an even break in the courtroom against giant corporations and insurance companies.

At Silberblatt Mermelstein, a large portion of our cases are handled on a contingent fee arrangement. We accept cases involving automobile accidents, malpractice, defective products, work injuries, fall downs, claims against insurance companies, fire losses and death cases on a contingent fee.

Our willingness to accept your case on a contingent fee is your opportunity to enforce your rights if you have been a victim and suffered an injury. The availability of a contingent fee allows you to go toe-to-toe with the individual or company responsible for your injury. The contingent fee is your key to the Courthouse.

When a dispute arises between two people or businesses, sometimes litigation is the only means of resolving the problem. The process of litigation begins when less formal methods of settling a dispute have failed. Litigation is, therefore, the final method of dispute resolution.

In Pennsylvania, litigation is handled by a network of county courts known as "Courts of Common Pleas." Each Court of Common Pleas has the power and authority to conduct jury trials and trials before Judges to solve civil disputes. Complex rules of procedure and the law of evidence control the litigation and trial practices of the courts.

Decisions of the Courts of Common Pleas are reviewable by Pennsylvania's appellate courts -- the Superior Court, the Commonwealth Court and the Supreme Court. Appeals to the Superior Court and Commonwealth Court are an absolute right. However, the Supreme Court of Pennsylvania has the ability to pick and choose the cases it will review.

The judicial branch of the Federal government also operates a court system that serves Pennsylvania. The United States District Court for the Western District of Pennsylvania operates a civil trial court in Pittsburgh, Erie and Johnstown. The types of cases that are tried in Federal court are limited by Federal legislation. Appeals from Federal district court decisions are taken to the United States Court of Appeals for the Third Circuit which convenes in Philadelphia. The Supreme Court of the United States entertains appeals from the Third Circuit.

Litigation is a complicated and consuming area of practice for lawyers. At Silberblatt Mermelstein, we approach litigation seriously -- both the decision to litigate and the decision to settle litigation -- because the purpose of litigation is to enforce your rights, our client's rights.

When you use the services of a professional -- a doctor, a lawyer, an accountant, an architect -- you assume that the services you receive will be provided in accordance with professional standards. From time to time, however, mistakes happen. Even the finest and most careful professional will sometimes fall short of the standards of his or her profession. When a breach of professional standards occurs, sometimes recourse to the legal system is the only alternative.

Cases involving professional malpractice are subject to a specialized area of the law. The trial of such cases often pits one expert witness against another, each offering the jury a different perspective on the professional standards at issue and the relationship between the standards and the facts of the particular case.

Lawyers who handle professional malpractice cases must commit a substantial amount of time and resources to understand the details of the involved profession and the method by which the standards were breached. Malpractice lawyers must work closely with expert witnesses, preparing for a trial in which teaching the jury about the profession will be a crucial factor.

At Silberblatt Mermelstein, we have handled a wide variety of malpractice cases -- involving doctors, dentists, lawyers, accountants and other professionals. We have engaged experts from across the country to assist our clients in enforcing their rights.

When you feel that you have suffered at the hands of a professional whose services have failed to measure up, contact Silberblatt Mermelstein to review your case.