Practice Areas

Workers’ compensation law is governed by statute in the State of Delaware. Workers’ compensation is the lifeline a worker needs when injured on the job. If you are injured on the job you should seriously consider hiring an attorney with special skills in the area of workers compensation to obtain payment of your:

1.    Medical bills
2.    Disfigurement
3.    Weekly paychecks during the time you are totally disabled
4. Weekly paychecks during the time you are partially disabled
5. Permanency benefits, if you have reached maximum medical improvement
and still have permanent impairment of bodily function,
6.    Payment of mileage to and from medical treatment

Unfortunately, workers compensation laws are complex. You should call for a free legal consultation to see how the laws of the State of Delaware can be put to work for you. The insurance companies hire the best attorneys available and so should you.

After being arrested for allegedly committing a crime, every citizen is presumed innocent until found guilty by a jury of their peers, or pleads guilty. Every citizen is entitled to a defense counsel while being prosecuted for allegedly committing a serious crime. Being prosecuted for committing a crime is a very troubling experience and requires guidance from a criminal defense lawyer who has knowledge of the criminal justice system, and will act as a vigorous advocate for the client. This is true, even if the client actually did do something wrong.

Our firm’s criminal defense attorneys are members of the National Association of Criminal Defense Lawyers and are experienced in handling all levels of criminal defense. This experience was acquired when they started their legal careers as prosecutors or Deputy Attorney Generals for the Delaware Department of Justice, followed by years of doing criminal defense work involving all types of criminal defense cases, including homicide, armed robbery, burglary, theft, assault and sex crimes involving adults and children such as rape, unlawful sexual contact, Internet child pornography, manufacturing, distribution and possession of all types of illegal drugs, and RICO actions. In addition to experienced attorneys, our firm’s criminal defense team also includes investigators, photographers, paralegals and, when needed, forensic experts.

If you have been arrested for a crime, you need to speak to an attorney right away. Never speak to the police without an attorney being present. In Delaware, the police do not have any authority to arrange a “deal”; only a Deputy Attorney General has this authority. The punishments involved in even the most insignificant criminal offenses today are extremely severe (for example, loss of driving privileges). You need to know your rights and your options as soon as possible so you can start making informed decisions. This cannot be stressed enough, because frequently quick action by your criminal defense lawyer in dealing with witnesses, the police, the prosecutor and the courts makes the difference in whether or not you will get a reasonable bail, be found innocent, go to jail, keep your freedom and stay with your family, and keep your job.

Our firm is prepared to consult with anyone charged with a crime, and the consultation can take place either in our offices or at a prison where the accused is being held. Of course, all communications during the consultation, as well as throughout the entire representation, are privileged, and will not be shared with anyone.

If you have been arrested, or if you know that you are under investigation, or if a family member has been arrested, our advice is that you contact our firm by telephone (1-302-734-8400) immediately, and schedule an appointment with an attorney who will discuss the facts of the case and your options. As for legal fees, the attorney and you will discuss what amount will be needed to be paid, when it has to be paid, and the means of paying. Our firm accepts Master Card. You will be charged a consultation fee. Quite frankly, if you cannot afford a consultation fee, you will not be able to afford the cost of being represented by an experienced private criminal defense attorney.

ANYONE ACCUSED OF A CRIME SHOULD NOT DISCUSS ANY OF THE FACTS OR CIRCUMSTANCES RELATED TO THE CASE WITH ANYONE OTHER THAN A CRIMINAL DEFENSE ATTORNEY. There should be no discussions with the police, who may be offering a “deal”, nor should there be discussions with family and friends, because any of these people could be used as witnesses by the government prosecutor. If the accused is incarcerated, no mail should be sent out of prison by the accused that contains any mention of the facts and circumstances of the case, nor should anyone send the accused mail that mentions facts and circumstances related to the pending charges. All incoming and outgoing mail is subject to search by the prison staff. The same is true about telephone calls in and out of the prison because all calls can be monitored. Anyone incarcerated should never discuss their case with fellow inmates.

Promptly contact our office (1-302-734-8400) if you or someone you know needs a criminal defense lawyer. Any delay may be the difference between freedom and incarceration.

All domestic matters can have a significant impact on a persons emotional and financial health, and the well-being of any children involved as well. Here at Barros, McNamara, Malkiewicz and Taylor, P.A. we strive to make certain that all your needs are met in a compassionate and knowledgeable setting.

At times when things can seem out of control, it can be critical to have a skilled attorney by your side making sure that your rights are protected and that all possible resolutions to your specific situation can be explained and explored in depth by our experienced attorneys and staff.

We handle many types of domestic cases including:

    Divorce; we are experienced in all issues involved in a divorce including child custody
and visitation, division of marital property, alimony and attorney's fees.

    Paternity actions and child support proceedings for married or unmarried parents.

    Custody and visitation for unmarried or separated parents.

    Termination of parental rights and adoption of children into your home.

    Pre-marital asset agreements (pre-nuptual agreements).

    Barros, McNamara, Malkiewicz and Taylor, P.A. can also assist you in protecting your financial assets during this period of instability in your life, helping to make certain that your assets will follow you into the next stage of your life. We can assist in the division of pensions, 401(k) plans and other retirement assets, as well as provide guidance in dividing marital businesses, corporations, partnerships and any other joint interest you may have.

    Ensure that your rights are protected, call us today to schedule an initial consultation where an experienced attorney can advise you on your rights and help you through the complex hurdles inherent in any domestic relations matter.

When you or a family member place trust in a doctor, nurse, medical care provider or hospital, and the person or organization ends up causing you injury or a family member’s death, it is a very troubling and confusing time. No one wants to be injured by a medical care provider, and most medical care providers do not intentionally harm people. Nevertheless, the truth of the matter is that each year hundreds of thousands of individuals across the United States are victims of medical negligence a/k/a medical malpractice. Under the American system of civil justice, the only recourse for a victim of medical negligence is to be compensated financially for the physical and financial injuries or death that was caused to a victim or their family members.

Any person who believes they or a family member is the victim of medical malpractice, and wants to file a claim against the individual or organization that caused the injuries or death, can call our firm (1-302-734-8400) and schedule a free consultation with an experienced attorney. There are numerous matters that must be discussed between you and the attorney before you decide on filing a claim. The attorney will go over your rights and options, and answer any questions you have. If our firm pursues your case, the firm is paid on a contingency fee basis, which means that no legal fee will be paid unless there is either a settlement or an award by a jury.

Filing a claim and perhaps eventually filing a lawsuit against a medical care provider is a very complex process that takes many months, and sometimes years, to complete. Our firm takes these matters seriously and is experienced in handling medical malpractice claims and litigation. Our firm will not pursue a frivolous or false claim, or a case involving minor injury. Anyone thinking about pursuing a medical malpractice claim should understand that medical care providers and hospitals will defend against a medical malpractice claim using significant resources, including the availability of numerous defense expert witnesses, who are paid for by the insurance company of the medical care provider or hospital.

Medical care providers and organizations frequently complain about frivolous medical malpractice lawsuits. However, the fact of the matter is that an attorney in Delaware does not make the decision on whether or not medical malpractice occurred. Under Delaware law, before any medical malpractice lawsuit can be filed in a Delaware court, a Board certified doctor or medical care provider must prepare a written Affidavit of Merit in which they swear that they reviewed the records and that in their opinion, to a reasonable degree of medical probability, medical malpractice occurred and that it caused injuries or death. Your attorney will assist in finding a medical care provider to prepare the Affidavit of Merit.

Do not wait a long time to speak to an attorney. Facts and valuable evidence that could be important to the case can be lost, misplaced or forgotten. Also, there is a two-year Statute of Limitations that applies in medical malpractice cases, which means you have two (2) years from the date the injury or death to either settle your case or file a lawsuit against any party that you believe caused the medical malpractice and the injuries. If you do not settle the claim or file a lawsuit within the two-year time frame, you will waive all of your rights against any party that caused the injuries. There are certain exceptions to this general two-year rule for minors who are victims of medical malpractice, and for adults receiving continued care, or where a reasonable person would not have known about the malpractice.

Of course, providing a copy of the relevant medical records to the attorney will be necessary for the attorney to make a final decision about whether or not a claim or lawsuit is to be pursued. Under Delaware law, copies of a person’s complete medical records can be obtained from any medical care provider, and the medical care provider can be punished financially if they refuse to give up the medical records to the patient, or a person’s guardian, Executor or Administrator.

Don’t guess at what your rights are; call our firm and schedule an appointment.

Nursing Home - Assisted Living Facility Malpractice

Our firm takes malpractice or abuse at a nursing home or assisted living facility seriously, and we are a member of the Nursing Home Litigation Group of the American Association for Justice, the premiere national organization of trial lawyers in America.

When you place a loved one in a nursing home or assisted living facility, you are placing trust in the facility and its staff to provide quality care to your loved one. Many times the physical and mental conditions of a person in a nursing home or assisted living facility are such that the person is unable to report or comprehend any physical or emotional abuse or understand the levels of medical care, hydration and nutrition they are to receive from CNAs, nurses and/or doctors. If you believe that something has happened regarding your loved one in a nursing home or assisted living facility that has caused an unnecessary injury, death, or physical or emotional condition, you and your loved one have rights and can take action against the nursing home or assisted living facility.

Because of the facility putting profits over proper care, employee shortages and turnover, lack of supervision, training and skill, and lack of common courtesy, numerous physical and emotional injuries occur inside nursing homes and assisted living facilities. These injuries should be avoided, and proper care is to be provided by skilled individuals. That is what you and your loved one were promised when you first met with the facility staff or Administrator.

You can call our firm (1-302-734-8400) or e-mail us (PI@firststatelawyers.com) and schedule a free consultation with an attorney experienced in handling complaints about nursing homes and assisted living facilities. At the consultation you will be able to discuss your rights and options, including filing a claim or lawsuit for damages, and also having the incident or quality of care investigated by government agencies that oversee nursing homes and assisted living facilities.

If our firm pursues your case, the firm is paid on a contingency fee basis, which means that no legal fee will be paid unless there is either a settlement or an award by a jury. In Delaware, there is a two-year time frame in which the injured party or the deceased’s family can file a lawsuit against any party that caused the injuries or death of the person in the nursing home or assisted living facility. This is referred to as the Statute of Limitations, and if a case is not settled or filed in a court within the two-year time frame, the injured party or members of the deceased’s family will waive all rights they have against any party that caused the injuries or the death. Do not wait until the last few months before the two years ends to take action. Records, staff and important evidence may disappear or be unavailable.

It should also be understood by any party that wants to bring an abuse or a medical negligence case involving a person in a nursing home or assisted living facility that the past medical history of the injured or deceased individual involved will be taken into consideration by all the parties involved in a claim or lawsuit, as well as the jury at a trial. Therefore, the injuries that directly resulted from the abuse or medical negligence must be significant and clearly distinguishable from the physical and emotional conditions that pre-existed the abuse or medical negligence.