At Vigna Law Group, we specialize in catastrophic injury, related to a failed transvaginal mesh or sling, damage to the brain, spinal cord or brachial plexus and medical malpractice. Life altering issues involve loss of income, medical care expenses, chronic pain, psychological problems and a significant reduction in the quality of life.
As a physician of physical medicine and rehabilitation and an attorney, Dr. Vigna is uniquely qualified to represent his clients and help them through critical times of their lives. Pursing these cases presents tremendous challenges, battling giant adversaries that requires experience, dedication and resources.
Investigation and Specific Causation Analysis
We investigate and evaluate potential cases from a medical and legal perspective. We rely on qualified experts to guide our decision-making process. Prior to filing a lawsuit, we determine what happened, what caused it, who, if anyone, is at fault and is there the potential of a successful recovery.
Filing a Lawsuit
With each of our clients, individually, we pursue the best venue or location for their lawsuit. In most cases, we request a trial by jury to hear the evidence in the case and render a verdict. In preparation of filing the lawsuit, our trial team will be ready to implement a course of action that reaches the courthouse, if necessary.
In the legal petition, a summary is provided to the court concerning liability, causation and a full assessment of damages suffered by the plaintiff including the physical, mental, emotional and financial damage that has occurred. A demand is made and justification provided for legally-prescribed compensation.
To prove a case, experts are employed to establish liability, causation and damages. They are chosen based on their professional reputation, experience and recognition by the court as to the validity of their opinions.
Those experts can cover product design, regulatory oversight, product placement techniques, medical care and treatment relating to a failed mesh, life care planning and damage economics.
Guiding a Case through Discovery
Developing a lawsuit through the discovery process involves the acquisition of documents and the taking of sworn depositions including fact witnesses, the plaintiffs, treating health care providers, corporate representatives and experts from both sides in the case.
Creating a Trial Package
As the case develops, a database of evidence is constructed including exhibits and deposition testimony. From this, a trial package is produced incorporating the witness line-up, either live or by video and demonstrative exhibits including client biographies, timelines (corporate and medical) human anatomy, medical terminology, case specific surgeries, therapeutic treatments and damages.
Conducting Focus Groups
To test and analyze the key evidence in a case, focus groups are sometimes conducted. Arguments being made by the plaintiff and defense are presented to a group of sample jurors from the trial venue. Mock jury deliberations by the focus group members are observed and recorded. This exercise provides valuable insights into how the evidence in the case and the arguments are perceived.
In most significant cases, both sides agree or are ordered by the court to enter into settlement negotiations.
In mediation, both plaintiff and defense attorneys debate contested issues in the case concerning liability, causation and damages. Both sides explore the risks associated with trying the case in front of a jury and potential outcomes. Often, an acceptable agreement is ultimately reached and the case is resolved.
Going to Trial
When a lawsuit cannot be settled, the case proceeds to trial. A date will be set and often re-set depending on the completion of discovery, attempts at mediation, the schedule of the court and those of both the plaintiff and defense attorneys.
When the trial gets underway, a jury is chosen and empaneled. Attorneys from both sides present opening arguments. Then they present their evidence, first the plaintiffs followed by the defendants. Because the burden of proof is on the plaintiff, an opportunity to rebut is given to that side. At the conclusion of the evidence presentation, the court instructs the jury concerning the applicable law and closing arguments by the attorneys are made.
UNLESS WE WIN,
OUR CLIENTS PAY NOTHING.
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