Practice Areas
Introduction
We restrict our cases to those involving serious personal injury or wrongful death arising from the practice areas described below. By limiting the type and number of cases we handle we can provide better service to you. All of our attorneys began their careers in defense firms. We know how the other side works and thinks in resolving claims. Now we bring that knowledge and experience to cases solely for the benefit of plaintiffs like you.
- Automobile Accidents
- Aviation Accidents
- Construction / Industrial Accidents
- Dangerous Premises
- Dangerous Products
- Insurance Claims
- Medical Malpractice
- Nursing Home Negligence
- Recreational / Sporting Accidents
- Other Types of Cases
Automobile Accidents
More Americans are injured in car accidents than any other type of personal injury claim. In fact, there are probably more automobile accident claims than all other types of personal injury claims combined. If you are injured or a family member is killed as a result of the negligence of another, you have a legal right to recover the damages you suffer. The more serious your injuries or the more complicated your case, the more likely an attorney will be of significant benefit to you. Many times minor personal injury claims, such as "whiplash" from an automobile collision can be settled without the help of an attorney.
If you are a victim of a negligent driver, we strongly urge you to contact an attorney to understand your legal rights. The biggest mistake people make is underestimating the value of their claims, so they often settle for less than the insurance company would have been willing to pay. Many people forget about other claims related to the fact that a vehicle collision has occurred, such as claims for uninsured or underinsured benefits, claims against a defendants' employer or even, in some cases, claims against automobile manufacturers or highway designers.
In many personal injury claims, other issues may arise such as, "Do health care providers, insurance companies, workers compensation carriers or government entitlement programs such as Medicare or Medicaid have to be repaid for benefits that you may have received? How long should I keep my totaled vehicle or wait to repair any damage after the accident? What settlement documents will I have to sign and are they fair?" Again, the more serious your injury or the more complicated the case, the more likely a mistake in any one of these areas will cost you money.
Automobile accidents can result in serious and catastrophic injury, such as brain damage, loss of a limb, paraplegia, quadriplegia or even death. Our attorneys have successfully handled all such claims. In addition, more complex vehicle cases involving trucks, railroad crossings and defective automobiles are counted among our successes.
We are here to explain and also enforce your legal rights. Contact any of our attorneys.
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Aviation Accidents
General aviation accidents occur at an alarming rate. The phenomenal increase in the number of private pilots, aircraft and flights has unfortunately made plane crashes relatively common. But these cases are much more complex because they almost always involve several factors. Bad weather, pilot error, improper maintenance, manufacturing defects and controller error are just some of the many reasons light aircraft crash.
Although investigation is done by the National Transportation and Safety Board (NTSB) it is important to preserve and prepare your claim, from searching crash evidence to talking with witnesses. Obtaining a copy of the NTSB report and having the evidence reviewed by a preeminent aviation expert is the next step in case evaluation. Analyzing these claims in an ever-changing legal environment, which takes the experience and substantial resources of a firm like ours.
As this is a specialized field of law, please contact our firm and we will have one of our experienced attorneys discuss your case.
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Construction Accidents / Industrial Accidents
Factories, construction sites and industrial machinery create unique potential for injury. While we do not routinely handle worker's compensation claims against employers, we frequently represent people injured on the job against other parties who may be responsible for the injury. These third parties may include the manufacturer of the defective equipment that injured an employee; the landowner who provides an unsafe environment for his contractors; or the operator of a commercial vehicle who caused an accident for which his employer may be responsible.
Often, these cases are referred to us by the employee's workers compensation attorney. Sometimes the employer or its insurance company may seek reimbursement from a third party for the workers compensation benefits it paid. Any work related injury should be reviewed for claims against other parties who may be at fault, in whole or in part for an employee's injury. We have represented people gravely injured by industrial explosions, defective trucks or trailers, dangerous ladders, scaffolding, improperly guarded machines, and victims of electrocution, falls, fire and falling objects.
Workers compensation does not begin to restore the lifestyle you had before the accident. That is where we can help. If you are seriously injured on the job or a family member is killed, you should consult with an attorney to determine whether other claims exist in addition to workers compensation.
All of our attorneys have extensive experience in this area, so please ask for any of us. Often, we will have handled a similar case, perhaps involving the same situation or equipment. We will direct you to an attorney who is the best qualified to handle your case.
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Dangerous Premises
People are injured and killed every day as a result of dangerous conditions in buildings or other manmade hazards. From quadriplegia after falling over an unguarded embankment cut into a hillside to simple slips and falls resulting in broken hips, knees and ankles, we have handled many types of dangerous premises cases. Another area of litigation involves claims against hotels, shopping centers and other businesses who are aware of a problem with crime on their property, yet do nothing about it, resulting in injury to visitors.
Each type of case is different, as liability may involve building, electrical or other safety codes or simply whether the landowner knew or should have known of the dangerous condition on the property. These cases can be difficult because the other side usually wants to blame the victim. The focus should also be on the responsibility of a landowner or landlord to make its premises safe by taking care of foreseeable risks.
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Dangerous Products
Commonly referred to as "product liability", this area of the law deals with injuries caused by dangerously defective products. From exploding tires that cause rollover crashes to drugs whose cure is worse than the disease, our health and lives are affected by the products we buy, use and consume. The law places the burden to pay damages caused by defective products on the companies that made them dangerous. We represent victims of dangerous products against negligent manufacturers, sellers or others who place those products in the public's hands.
Our attorneys have extensive experience in product liability litigation. We have a national reputation for cases involving defective automobiles, aircraft, furnaces, firearms, skis and other products, including the largest verdict ever awarded against a water ski manufacturer and a $10,000,000 judgment against the Peoples Public of China for the sale of a defective semi-automatic rifle. We are proud to state that as a result of our efforts and those of many other plaintiffs' attorneys like us, your work place, home and car are much safer. Defective products have been redesigned, dangerous ones have been taken off the market and, as a result, the number of accidental deaths and injuries caused by consumer products has fallen over the last few decades.
Among the many dangerous products with which we have experience are: agricultural machines, cranes and forklifts, construction equipment, firearms and ammunition, household appliances, medications and medical devices, power presses and tools, sporting goods and recreational products.
Different attorneys have handled different products. If you have a claim involving a dangerous product and we can direct you to the appropriate person in our firm.
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Insurance Claims
Most cases involve insurance, form simple coverage issues to more complicated bad faith or excess verdict issues. Many, claims are made against your automobile, homeowners, health, disability or life insurer. These are called "first party" claims and usually involve a question of whether you are covered under the policy. However, most claims are made against someone else who may be covered by their own insurance. These "third party" claims also raise liability questions about who was at fault for a particular accident. There may still be coverage issues such as whether insurance is available to cover the claim and then and if there is enough insurance to pay for your losses. While we restrict our practice to representing injured persons or their families, our past experience in working with insurance companies provides valuable insight into how they handle and resolve claims. We know how they think and what they fear.
Many insurance companies may discourage you from seeking legal help. There is a reason for that…they have attorneys fighting for them and they know you are at a disadvantage so long as you do not have legal representation. If you have a serious insurance claim, get legal advice first. When you know what your rights are, then you can determine whether you need representation.
Call any of us with your insurance questions. We deal with these issues every day.
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Medical Malpractice
When doctors, hospitals, nurses, dentists, pharmacists or other healthcare providers are negligent, it is called "malpractice". Doctors and other medical care professionals are not responsible for a bad result if there is no negligence. Rather, the question is whether the caregiver violated the "standard of care" owed to the patient. Whether the "standard of care" has been violated is difficult and expensive to prove. Medical malpractice is established only through the testimony of other medical professionals. As a result, only the most obvious examples of neglect, with substantial permanent injuries are successful.
Our attorneys have pursued claims against doctors, nurses and hospitals for birth injuries, surgical errors, medication mistakes, failures to diagnose diseases, delayed treatments and defective medical devices.
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Nursing Home Negligence
While this is technically a branch of medical malpractice, the growth of the elderly population and the increasing number of nursing homes has given rise to nursing home negligence as a specialty. From bedsores that result in amputation or even death due to lack of simple attention to criminal negligence for falling asleep on the job while a child suffocates, we have seen it.
Nursing home lawsuits require specific knowledge of complex state regulations and reporting requirements to determine whether or not a clear violation has occurred and if that nursing home and a history of similar problems. Often, simply based on the nursing home involved, we will have an idea of whether it was negligent in the care of your loved one. Again, nursing homes are not responsible for each and every health problem the elderly encounter, but they are required by law to provide adequate medical and related care for their patients.
As the population ages, the number of nursing home residents has risen dramatically. Many facilities do an excellent job of taking care of their patients, but some do not. Sometimes problems result from efforts to save costs and other times the cause may be sheer incompetence. Regardless, we need to be on our guard so that this often silent segment of our society is universally well treated. They deserve nothing less. Call us if you have a problem with your care or that of a loved one.
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Recreational Accidents / Sporting Accidents
The lawyers in our firm have obtained the largest verdicts in the nation's history against firearm manufacturers and water ski manufacturers. Cases in this area include lawsuits against manufactures of rifles, shotguns, handguns, bb guns (air guns), ammunition, helmets, boats, jet skis, playground equipment, operators of waterslides and organizers of races.
While many recreational activities carry some degree of risk, it is the duty of the sporting goods manufacturer, the event organizer, or the facility owner to minimize or warn about the foreseeable dangers. We should not have to put ourselves at risk to have fun.
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Other Types of Cases:
We are always looking for a challenge and as a result have worked on some cases that are unique and unusual. We have handled several cases under the Federal False Claims Act (also known as "qui tam" or "whistle blower" cases) to recover money from healthcare and defense contractors who have committed government fraud. We have also stopped HMO's from improperly denying coverage, illegally seeking reimbursements, or just plain taking people's money. We have used the Federal Foreign Sovereign Immunities Act to sue a foreign country for the wrongful death of a U.S. citizen. We are building a class action practice because there is a need for this expertise in the Midwest. We regularly attend national conventions and local seminars to keep up with the latest trends in litigation and share information with other attorneys handling similar litigation around the country.
If you have a case that does not fit the other categories, go ahead and give us a call. We are always willing to consider a valid and viable claim and it does not cost anything to talk. We may be able to help you and others like you.
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