Many Steps in Every DBA Case

In this area of law, the Defense Base Act, there are many things that must occur before a decision is made on a case.

What this means is, if you’re a client and you have been injured and denied medical care and compensation, you will have to be very patient for a case to proceed.

Complex Cases Take Time

There is literally nothing to do but be understanding that there will be a trial, or a settlement, or a mediation. The end to the case can take several years

But during the entirety of that time, we’re with you. And you may not talk to us every week, but as SOON as there is news on your case, trust me, you’re the first person I will call.

Waiting for us to call can be another step involved in this process and yes, we know you’re waiting by the phone and hoping to hear from us. We call clients after hours, holidays and weekends just as soon as we hear the news of your case.

Why Defense Base Act Cases Take Time

The natural progression of a Defense Base Act law case takes time. It is easier to understand the wait if you understand the process and the steps that must take place:

1. The court must weigh the evidence to determine the credibility of the case.
2. This means the court must analyze each doctor’s testimony. 
3. Then the judges must then analyze my client’s testimony. 
4. Once the judges make a determination, they will write and say - yes, we believe this person to be telling the truth.
5. The case also must appear in the writing of an appeal. 
6. Writing the brief can be tedious. Some firms have law clerks that probably really do the writing but here it is me.
7. If the judge has to ask questions, then you are asked to appear to answer questions on that appeal. 

DBA Appeals Can Be Complicated

An appeal can be 10 pages, or more. Mine are way shorter than the insurance company’s appellate briefs. They try to write it and include everything and I try to be short and concise.

The last order I had was the most complicated one I’ve ever done because there were at least 10 doctors involved. There were broken bones, complications with broken bones and treatment of the broken bones, PTSD, and TBI (traumatic brain injury).

There were a million things going on in that one case. The judge’s order was more than 60+ pages long. And we won, but that was a long case.

Why You Need a DBA Attorney

The Defense Base Law and DBA cases are very complicated. Our doctors basically explain that with the many things that can happen to someone when there’s an IED, or a sudden attack, our clients can have a combination of medical issues going on.

Then, if a client has a traumatic brain injury, the pain receptors in the brain are different than other peoples’ pain receptors. So, for example, every time you move you can be in terrible pain but it doesn’t show up on any testing because it’s in a person’s brain - it’s not in their back, or in their leg.

While You’re Waiting, We’re Working

For clients, it’s very grueling sometimes waiting for all the trial to be over. It’s a long process but we’re right there with them every step of the way.

Then, at the end of a case, in a judgment, the judge may agree with us, and then they’ll throw in a twist, like saying that a client who is having all these issues, could possibly find work. So that means that they’ll get a few hundred fewer dollars per week for the rest of their life. However, that weekly payment for the rest of that person’s life is a positive outcome which is still to be considered a win.

It’s a challenge but we’re here to find a way to help, one family at a time.