A Defense Base Act Attorney Should Fight for Your Case

Hi. This is Brian Wiklendt with Garfinkel Schwartz. I’m here in our Maitland Florida office today and I’d like to talk to you about what choosing a lawyer to fight your Defense Base Act case.

Your Defense Base Act Attorney Should Fight for Your Case

DBA attorney Brian Wiklendt Garfinkel Schwartz. 

It’s an important step choosing a defense base act lawyer because when you have a case and you’re in pain and you’re going to doctors, getting paperwork together, worrying about what happens next, you need to take a look at how hard your lawyer is going to fight for you.

Now I mention this because some clients were not told what’s going to happen next. Or they don’t know when their deposition is going to be. Or maybe their lawyer didn’t even prepare them for a deposition.

DBA Law is Very Specific

Let’s start with this: The Defense Base Act Law is a highly specific area of law that is not practiced by many attorneys.

The best attorney for your case may not even practice in your state. You may be far from where the top attorney is located. But that shouldn’t matter and here’s why.

Your Attorney Should Fly to You

The Department of Labor pays to have the attorney handle your case—all of it. So don’t worry about

A DBA lawyer should attend your deposition.

an attorney having to come from across the country to see you. The attorney won’t pay for that out of their pocket: the billing goes through the Department of Labor. You will never pay for DBA legal fees. Your case is covered so choose your attorney carefully. You have a wide choice and you can choose the very best.

Your main concern is in working with someone you trust and who you are comfortable with. The best DBA lawyer for you will be different than for anyone you know.

Ask these questions:

• Do you get along with him or her? 
• Do you feel confident in their ability to fight your case?
• What does the Internet say about your lawyer?
• Is DBA law the primary practice area?
• Does he or she answer all your questions?
• Do you understand the defense explanation the attorney shared with you?
• Do you know what’s going to happen and when it will happen?

After meeting with an attorney all of your answers should be yes.

Reasonable Communication

Your attorney should not be expected, however, to call you every day or to give you an update every week. That’s not reasonable all the time especially for cases that go on for years.

You should have confidence that your attorney will work hard for you and perform all the duties assigned to your case at a level that’s professional, respectful and honest.

Your attorney should prepare you for your case every step of the way and should be present for all of your major legal events.

Your Attorney Should be at Your Deposition

When you have a deposition, you need to be prepped for it. You can be walked through the questions. Told about what the opposing counsel will do so that you are comfortable when the deposition takes place.

During the deposition, your attorney should defend you from inappropriate questions, questions that have no bearing on the case. The attorney should respond or defend you, the client. Your client should object to anything he was letting everything go.

The attorney should do all of the client doctor depositions, research and case planning. NO client should try to do everything on their own. You should never try to prove your own case: only a lawyer knows the law and knows the defense base act.

If you went to three different doctors and were told to take a horrible deal, stop. This is NOT supposed to happen. The attorney should fight for you and do all the work and the client should never have to do the planning.

You may have a particularly hard case. Does that mean that every attorney will take it? No, but they should because a case that’s hard needs that much more attention and work. And it shouldn’t matter because the case is paid for entirely. All DBA case legal fees are paid for by the Department of Labor as stated under the Defense Base Act Law.

The law was created to protect and defend people who get hurt working and serving the U.S. government overseas. The government established that the laws pay for the defense of people, provide medical care and compensation for the injuries that are incurred.

You may have been hired by the DoD, but you still worked for the U.S. Government which pays for the compensation and health care after sub-contractors and civilian contractors are injured.

Your Lawyer Should Be Responsive 

Your lawyer should be busy but you should be aware that some lawyers will pick and choose where they want to go and what kinds of cases they want to handle. That’s not how the system should work and that’s not in the best interest of any client.

DBA Cases Can Be Hard

Yes, some cases are easy and some cases are hard. But that doesn’t matter. You deserve the best lawyer and the very best defense from the beginning through the end of your case.

You may be fighting to prove that you have difficulty working because you have TBI (Traumatic Brain Injury) and it occasionally, not daily can affect your work day.

For example, if you have periods of memory loss, or anger issues or physical discomfort but you want to continue working you need to find an employer who will work with you. Finding the flexibility to work on your illness and its side effects is important to you and it’s important to us.

Sometimes there is a challenge in proving PTSD. Post traumatic stress syndrome is a serious issue and there are very complex cases where the question over when it began and when it affects your life come into question. You have to be certain that your attorney is going to stick with your case.

Always Ask to Meet Your Attorney In Person 

It’s up to you as a client to meet your attorney in person so that you and she or you and he get to know each other and can talk about your case.

Some attorneys don’t want to go to visit every client when they should. The city that you live in should never ever be a factor. You deserve a visit in-person and need to know who it is that’s fighting for you.

These cases cannot be handled over the phone. They need in-person meetings so that clients know what the case process is and more importantly that the person you choose is going to fight for you.

Your attorney should be very busy because there are court dates, travel to other cities, hearings, trials, many meetings. An attorney can’t possibly answer the phones all the time.

But there’s a reasonable expectation that you should be able to speak with your attorney and get updates on your case—not every day and if there is nothing happening with the case, then, there is not a reason to give an update.

But you should expect to be prepared for your depositions and all other legal processes at the direction of your attorney.

DBA Cases Take Patience

If you’re struggling with the amount of time that your case is taking, you have to be patient.

Defense Base Act law cases can take a long time no matter which attorney works on it. There is no such thing as a standard amount of time for a case. Some cases go on for several years. Patience is one thing an attorney will always ask you to have and when it seems impossible, you’ll need to wait some more.

Take time to speak to several attorneys and ask questions to be sure that you’re working with an attorney you trust and who you are confident in to handle your case.