Auto Accident Lawyers Medical Malpractice Drug Product Liability Elder Abuse Food Poisoning Premises Liability Attorneys

    May 26th, 2013

Serious Injury Trial Lawyers, Auto Accident Attorneys, Premises Liability Lawyers, Food Poisoning Attorneys, Medical Malpractice Lawyers, Elder Abuse Attorneys and Product Liability Lawyers in Most States, from Alaska to Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


California Product Liability Lawyers Our serious injury trial lawyers welcome you to consider our discussions of our practice areas, as auto accident lawyers, motorcycle accident attorneys and big rig truck accident lawyers, product defect attorneys, including pharmaceutical product liability lawyers, also medical device defect attorneys, medical malpractice lawyers, elder abuse attorneys, food poisoning lawyers, and premises liability attorneys. Our trial lawyers will consider representing the seriously injured from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

Free Consultation: Our serious injury trial lawyers welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our trial lawyers qualified in the relevant practice area and experienced also in serious injury litigation will call you to discuss your case and provide you with our preliminary case evaluation and initial recommendations.

In our discussion below we will seek to answer the questions most commonly asked by those who have been seriously injured. The discussions are separated by practice area, with bolded headings so that the visitor may scroll down to identify the discussion most relevant. For example, our auto accident lawyers and motorcycle and big rig truck accident attorneys will discuss the strategies available to maximize the opportunities to obtain full compensation for the seriously injured accident victim in cases in which the other driver is found to carry only minimal auto liability coverage. Our product liability lawyers will discuss the advantages and disadvantages of prosecuting the individual product defect case independently or by opting-in to a class action. Our premises liability attorneys will discuss cases brought against commercial and residential property owners and public entities for property defects and failures to maintain the property. Our medical malpractice lawyers will discuss establishing the negligence of the physician through medical expert testimony that the physician "fell below the standard of care" in his diagnosis or treatment of the client. Our food poisoning lawyers will discuss individual and outbreak cases, and will discuss E. coli HUS cases as an example of serious illness that may result from food contamination. And our elder abuse attorneys will discuss elder physical abuse by employees of retirement homes or senior nursing facilities; we will distinguish elder neglect from elder abandonment, and senior psychological abuse. Our trial lawyers in each of our practice areas will consider representing those seriously injured in most states of the United States, including Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

After discussing the most common questions our potential client's will ask when contacting our trial lawyers, we will discuss the subject of general damages and special economic damages, including the measures of past and future medical expenses the seriously injured client will likely incur over the course of his life expectancy, and the past and future earnings losses the client will likely suffer over the period defined by his pre-injury work-life expectancy.

The preparation of the seriously injured client's full measure of damages is a subject that applies across our practice areas, whether the client was injured in a motorcycle accident or as the result of a product defect, or obstetrical malpractice, or a fall on residential or commercial property, or serious illness such as HUS or TTP from E.coli food poisoning, as examples; commonly requiring the serious injury trial lawyer to engage teams of experts, particularly to establish the client's full measure of future medical expenses and future earnings losses.

Our serious injury trial lawyers recommend the discussion of the complexity of preparing the client's general and special damages in part so that the potential client will recognize that as "simple" as the liability of the target defendant may be or may appear, every case involving serious or catastrophic injuries is necessarily complex, and so the potential client may consider engaging attorneys to represent him who are experienced in the prosecution of serious injury litigation.

Our serious injury auto accident lawyers, premises liability attorneys, product liability lawyers, food poisoning attorneys, medical malpractice lawyers and elder abuse attorneys recognize your right to ask about the credentials of any lawyer whom you would consider to represent you. And if you contact us for a free consultation in your case, we welcome you to ask us about our credentials both in the relevant practice area, and our experience in representing clients in serious and catastrophic injury litigation.

Below we welcome you to consider our personal injury lawyers' discussions of our practice areas, our responses to the most commonly asked questions in each, and then finally, our discussion of the trial lawyer's strategies for the preparation and presentation of the seriously injured client's damages to maximize the potential that the client will recover the full measure his general damages and special economic damages.

Our Auto Accident Lawyers Consider Serious Injury Accident Lawsuits Where the Other Driver is Underinsured to Pay The Full Measure of the Client's Damages; Our Car Accident and Big Rig Truck Accident Attorneys and Motorcycle Accident Lawyers Will Consider Serious Injury Auto Accident Cases Arising in Most States of the United States, from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


Our auto accident lawyers, motorcycle accident attorneys and large commercial truck and big rig truck accident lawyers will consider representing the seriously injured in most states of the United States from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

While the particular facts of your accident may suggest that the liability of the car driver or big rig truck driver is clear and straightforward, all serious injury lawsuits are complex in the preparation and presentation of the client's general and special economic damages. Furthermore, the other car driver or large commercial truck or big rig truck driver will often carry liability insurance coverage inadequate to compensate the client for his serious or catastrophic injuries or pay the smallest fraction of the fair measure of the client's other general damages, his pain and suffering and "loss of enjoyment of life" damages, and his special economic damages, past and future medical expenses and past and future earnings losses. In such cases in order to maximize the opportunities for the client to fully recover it is commonly necessary to explore every avenue to identify the independently or vicariously liabile third party. In serious injury car, motorcycle and big rig accident cases, it is therefore recommended that the potential client consider obtaining an attorney who is broadly experienced in successfully prosecuting serious injury accident litigation.

One common misception of those who have been seriously injured in auto accidents is that their case is "simple" when it is clear that the other driver was at fault. Indeed, most auto accidents are "simple" in the sense that liability commonly turns on issues as uncomplicated as who ran the red light or who violated the right of way of whom. Indeed, multi-party motorcycle accidents are almost always clear liability cases, seventy-five percent of the time the sole result of other driver, without any element of negligence on the part of the motorcyclist. According to the studies, most motorcycle accidents occur at intersections when the other driver pulls out from a side street or turns left from the opposite direction into the motorcyclist's right of way. Yet our motorcycle accident lawyers observe that motorcyclists, due to the lack of the safety engineered cage, interior padding, seat belts and air bags that auto drivers enjoy for their safety, are commonly seriously injured, suffering traumatic brain injury, TBI, quadriplegia, paraplegia, other spinal cord injuries, serious orthopedic injury, internal injuries, and leg or arm amputation. Similarly in large commercial truck and big rig truck, semi, tractor trailer and 18 wheeler accidents also very serious injuries may result because of the disparity in weight of the big rig, often delivering much greater impact energies. Every auto accident, motorcycle or big rig truck accident can result in serious or catastrophic injuries.

In the "simple" liability accident case the first level of complexity will involve assembling the teams of experts essential to competently present the full measure of the client's general damages and special economic damgaes, including the client's future medical expenses likely to be incurred over the course of the client's remaining life expectancy, and the future earnings losses the client will sustain measured of the client's pre-injury work-life expectancy. Our auto accident lawyers have deferred the discussion of the complexities in preparing and presenting the clients general and special economic damages to the last section of this page. However, there is a second aspect of complexity in serious injury accident cases which arises from the facts that the seriously injured clients' general damages and special economic damages are commonly fairly demonstrable in the millions or many millions of dollars, yet the driver of the other car or big rig truck will commonly carry liability insurance coverage inadequate to pay but the smallest fraction of the fair value of the client's damages.

In rare cases the client himself will have an insurance policy including substantial uninsured motorist coverage, and in rare cases it may be found through discovery requests propounded on the other driver that he may have additional applicable policies of insurance, an umbrella policy sufficient to pay the client's full measure of damages, or may have wealth or assets sufficient to fully compensate the client. However, in our serious injury auto accident lawyers' experience, most commonly neither the seriously injured client not the other driver will have adequate insurance to pay the full measure of the client's general and special economic damages; and this is where the legal knowledge and investigative skills, creativity and aggressive advocacy of the serious injury auto, motorcycle and big rig truck accident lawyer will be drawn upon to develop the evidence to establish the independent or vicarious liability of an additional party defendant more well insured and capable of paying the full measure of the client's damages.

Our Auto Accident Lawyers and Motorcycle Accident Attorneys Consider the Opportunities to Join in Accident Lawsuits Those Who May be Vicariously Liable or Independently Liable for the Accident and Injuries So That We May Maximize the Opportunities for the Client to Obtain Full Compensation for his Injury and Damages. Our Auto Accident Attorneys and Motorcycle Lawyers Will Consider Serious Injury Cases Arising in Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

Again, the issue most commonly raised by clients who have been seriously injured in auto accidents is how the attorney can attempt to obtain fair compensation for the client's injuries, general damages, past and future medical expenses and past and future lost earnings when the other driver carried only the statutory minimum or minimal auto liability insurance coverage. The answer is that the lawyer who commonly prosecutes serious injury litigation will recognize that other, more well insured third parties can often be sued as legitimate vicariously liable or or independently liable defendants.

As an example of how "vicarious liability" theory can often provide the legitimate legal bases for the serious injury auto accident lawyer to bring in a more well insured defendant, consider that liability can often be imposed upon the other driver's employer, where it can be established that the other driver was operating his vehicle "in the course and scope of his employment." In a case described in the left column of this page, the first case discussed under "Recent Jury Verdicts and Settlements," one of our Law Group motorcycle accident lawyers represented a motorcyclist who suffered a below knee leg amputation resulting from an accident in which the motorcyclist was hit by a driver who carried only the statutory minimum auto liability coverage. Through discovery it was determined that the other driver was on his way to a job site at the time of the accident, however, under the applicable state law, accidents occurring while an employee is "commuting" to work do not result in the employer's vicarious liability. The serious injury motorcycle accident lawyer pushed further to take the other driver's deposition and under interrogation the other driver admitted that on the day of the accident he had tools in the trunk of his car, tools that he would have used in connection with his work that day; and that was sufficient evidence for the motorcycle attorney to name the driver's employer in the lawsuit, argue convincingly that the driver was operating his vehicle in the course and scope of his employment, and obtain for his client the multimillion dollar settlement.

There are many ways that the creative serious injury auto accident lawyer or motorcycle accident attorney can discover evidence to make a case for vicarious liability. One such way is discussed in the lower aspect of the left column of this page, and involves obtaining the other driver's cell telephone records and then interrogating him in deposition to determine if any of the calls he made during the trip leading up to the accident was a business call, again to argue that the other driver was operating his vehicle in the course and scope of his employment. One out of every four accidents involve a driver distracted by his cell phone, so we consider it reasonable to do the investigation, particularly as drivers involved in their daily commutes will use their time driving to make calls that they would otherwise have to make in the office.

The auto accident lawyer in other serious injury cases may also be able to obtain evidence that a well insured third party defendant was independently liable for the accident. The serious injury auto accident attorney will commonly engage his accident investigators and accident reconstruction experts to determine if there may have been, for example, a road design defect or deficiency in maintenance of the roadway that might provide the opportunity to bring the public entity, such as a city or the state into the lawsuit. Sometimes it will be determined that there was negligence in the maintenance of one or the other of the vehicles involved, providing the opportunity to bring the lawsuit also against the dealership that improperly maintained the car. And then there may be defects in the cars themselves that contributed to the accident or injuries, such as a car tire or accelerator or breaking defective in design or manufacture, or a defect in the client's car, such as faulty seatbelts or an airbag which fails to deploy.

If you have been seriously injured in an accident, even where it appears that the other driver my have insurance insufficient to compensate you for your injuries and damages, we welcome you to contact us for a free consultation. Our auto accident lawyers and motorcycle accident attorneys will consider representing those seriously injured in car accidents in most states of the United States from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. If you submit the "Contact" form, one of our accident attorneys will call you to discuss your case, provide our initial case evaluation and preliminary recommendations, and will be pleased to answer any questions with regard to our qualifications and experience in serious injury auto and motorcycle accident lawsuits. Our auto accident attorney case consultations are entirely free of charge.

Our Big Rig Truck Accident Attorneys Consider the Opportunities Available Under State and Federal Law as Well as Common Legal Theories Available to Solve the Problem When the Large Commercial Truck or Big Rig Truck Driver is Inadequately Insured to Pay the Seriously Injured Client's Full Measure of Damages. Our Big Rig Truck Accident Lawyers Will Consider Serious Injury Cases Throughout Most States of the United States, in Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

In large commercial truck and big rig truck accident cases, including those involving semi's, tractor trailers and 18 wheelers, our big rig truck accident lawyers observe that often those involved in accidents with large commercial trucks and big rigs will be seriously injured, with the value of their damages fairly measure in the millions or many millions of dollars.. Federal law requires interstate large commercial truck drivers to carry only $750,000 where the truck is carrying a non-hazardous load, a law that dates to 1980 when the amount was equivalent to roughly $2,000,000 in today's dollars. Unfortunately the law has not been amended to account for 30 years of inflation, and our big rig truck accident observe that most commonly the large commercial and big rig truck driver will carry no more than $1,000,000 in liability coverage, often completely inadequate to compensate the seriously injured for the full measure of their general and special economic damages.

Complicating the task of the big rig truck accident lawyer, the trucking companies and shippers commonly will do everything they can in their attempt to limit their exposure to vicarious liability for their drivers' negligence, very commonly hiring their drivers as "independent contractors." However, our knowledgeable and experienced serious injury large commercial truck and big rig truck accident attorneys will commonly employ a number of strategies, some based on federal and state law governing truckers and the trucking industry, and legal theories, such as negligent entrustment and negligent supervision to establish the liability of the trucking company or shipper. The big rig truck accident lawyer will then join the trucking company or shipper as defendants in the lawsuit, and will seek to maximize the opportunity to obtain full compensation for the client's injuries by establishing either their vicarious liability or independent liability for the accident and the client's injury and damages.

The applicable federal and state laws governing truckers and the trucking industry provides very detailed obligations applicable to both the driver and trucking company and shipper, ranging from logs that must be kept of the driver's number of driving hours and rest periods to the permissible weights of loads and manner of securing the loads, routine inspections and truck maintenance. Violations of these regulations may provide the bases for causes of action both against the driver and trucking company or shipper, as where the trucking company violates the law in failing to adequately maintain the semi, tractor trailer or 18 wheeler, or where the shipper overloads the vehicle leading it to jackknife. Even where the trucker overloads the large commercial truck or fails adequately to secure the load, our big rig truck accident lawyers will have the opportunity to conduct the discovery to identify the evidence that the trucking company or shipper is properly liable under negligent supervision theory.

In addition, our serious injury big rig truck accident lawyers will commonly investigate to determine whether the trucking company or shipper knew or should have known of the driver's lack of essential training to operate the large commercial truck or big rig, or prior accidents or traffic tickets, convictions for amphetamine or other drug use or DUI convictions which will often provide the bases to properly sue the trucking company or shipper on negligent entrustment theory.

There is indeed ample opportunity for the sophisticated big rig truck accident attorney to use his investigative skills, his knowledge of the applicable law, his creativity and aggressive advocacy to establish the liability of the more well insured trucking company or shipper. Our large commercial truck accident lawyers and big rig attorneys will consider representing the seriously injured in most states, from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Our big rig truck accident lawyers welcome the opportunity to discuss your case with you.

Often times it will be important for the large commercial truck and big rig truck attorney to send his investigators and accident reconstruction experts to the scene of the accident as soon as possible after the accident. In some cases it may also be important to inspect the truck before it is repaired. Therefore, it can be to the client's advantage to engage an appropriately qualified serious injury big rig truck accident lawyer to represent him without delay.

Our large commercial truck and big rig truck accident lawyers provide free consultations. You may submit the "Contact" form and one of our qualified big rig accident attorneys will call you to discuss the facts of your case and offer our preliminary case evaluation and initial recommendations. We will consider representing those who have been seriously injured in big rig truck accidents throughout most states of the United States,from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. You are also invited to ask about our credentials, including as serious injury big rig and large commercial truck accident lawyers, and about any other credentials you would consider important in the attorney you retain in your case.

Premises Liability Attorneys are Sometimes Referred to as Sip and Fall Lawyers or Trip and Fall Attorneys; Our Premises Liability Lawyers Represent Those Seriously Injured in Falls, Against Residential Landlords, Commercial Property Owners and Public Entities such as Cities, Counties and States from Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming..


Slip and fall lawyers and trip and fall lawyers as they are colloquially described will often be involved in cases that involve complex issues of liability. Premises liability lawyers will commonly be required to conduct the essential investigation to obtain the evidence to demonstrate that the property owner failed to comply with state or local building codes or regulations or standard industry practices. The sophisticated premises liability attorney will often engage experts to establish defects in the design of the aspect of the property that resulted in the client's fall. Investigation and often the depositions of the property owner's employees may be essential to obtain the evidence that the property owner knew or should have known of a dangerous condition and failed to correct it within a reasonable time. In other cases the defect in the property may be obvious; however, every serious injury case is complex in terms of the sophisticated premises liability lawyer's strategies to maximize the client's recovery for the full measure of his general and special economic damages, as we discuss in the last section of this page. Therefore, if you have been seriously injured as the result of a fall, you should consider retaining a highly qualified premises liability lawyer experienced in serious injury litigation.

Our premises liability attorneys will consider cases in which the potential client has been seriously injured as the result property defects or failures to maintain residential property, commercial or public property. Our lawyers are available in premises liability cases to represent clients across the nation, in most states, from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Whether you suffered your injuries as the result of a fall due to a dangerous condition ignored by a residential landlord, or the failure to maintain commercial property or a defect in public property, our premises liability lawyers welcome the opportunity to speak with you.

Our sophisticated slip and fall attorneys and trip and fall attorneys, knowledgeable about the state and local building codes and experienced as serious injury trial lawyers, welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our qualified premises liability lawyers will call to discuss your case with you, offer his preliminary case evaluation and initial recommendations. And he will be pleased to answer any questions you may have with regard to his experience in premises liability cases and serious injury lawsuits, as well as any other questions you may have in terms of our lawyer's credentials as you may deem important in selecting the attorney for your case. We are here to serve you.

Our Product Liability Lawyers and Drug and Medical Device Defect and Side Effect Attorneys will Consider the Advantages and Disadvantages of Pursuing Product Defect Cases in Independent Lawsuits and Class Actions; Our Product Liability Lawyers Will Consider the Breadth of Serious Injury Product Defect Lawsuits Across the Nation in Most States from Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


Our product liability lawyers will consider representing the seriously injured in lawsuits involving the broadest range of products and product defects. Indeed, the range of products that are capable of causing injury is coextensive with the range of products defective in their design, manufacture or warnings. Products resulting in serious injuries include infant or children's toys with small parts that can become detached, lodge in the infant's windpipe and result in brain damage or death; or industrial machines defective in their design for lacking essential safety devices to protect against injury, such as a machine that is not designed to remain shut down when it is opened to be cleaned; or a manufacturing defect resulting in a car air bag not deploying in an accident; or a drug or medical device with overriding medical utility, but lacking essential warnings to advise physicians and patients of serious potential side effects. Our product liability lawyers and pharmaceutical product defect attorneys welcome your inquiries with regard to potential lawsuits involving individual products defective in their manufacture or for representation in class action litigation. You may consult our product liability pages and drug defect pages with regard to specific products which we are currently investigating or engaged in filing lawsuits.

Our product liability lawyers and drug defect attorneys will consider representing the seriously injured in product liability lawsuits across the nation in most states from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Our product liability attorneys and drug product lawyers are pleased to discuss with the potential client individual litigation in unique product defect cases, and we feel that we are appropriately experienced to discuss with the client the potential benefits and potential disadvantages of prosecuting the client's lawsuit in the context of class litigation or individual lawsuits.

Indeed, one of our Law Group pharmaceutical product liability lawyers was pivotal in obtaining the individual client's right to chose to opt-out of class litigation. The case, discussed in the lower part of the right column of this page was a petition for writ of mandamus from a federal District Court's order certifying a "mandatory class action." The pharmaceutical product liability attorney argued that mandatory class actions violate the individual client's right to his choice of attorney to represent him and deprive the client of control over his individual litigation. The federal Court of Appeals issued a landmark published opinion that essentially restricts the availability of mandatory class actions to very rare circumstances in which the evidence substantiates that the manufacturer has a limited fund of assets and insurance insufficient to fully compensate all of the members of the class. As a practical matter, as the result of our Law Group pharmaceutical product liability lawyer's appeal, mandatory class action is a legal relic, and except in the very rare exception discussed above the courts are permitted only to certify voluntary class actions where the individual client will have the opportunity to opt in or opt out.

Many product liability lawsuits must be filed independently because in most cases the products will not result in injuries to large number of individuals. An example would be an individual car accident in which a tire is found to have a defect in its manufacture. There are also, however, tire cases arising from defects in design that will result in the injuries of many and the necessity for the tire manufacturer to issue a recall of the defective tires. Sometimes products may be mass produced with manufacturing defects, such as certain Heparin blood thinners that were found to contain excessive doses of the drug inconsistent with the package labeling. Where there is a choice to file the individual client's case in a class action, the product liability lawyer will commonly discuss with the client the advantages and disadvantages of joining the class as opposed to prosecuting the case against the manufacturer independently. One advantage that our product liability attorneys recognize in class actions is that the expenses of the litigation, including the costs associated with conducting the depositions of the manufacturer's officers and relevant employees, and the often very expensive costs of engaging the number of experts essential to prevail in the litigation, are shared by all the members of the class.

Our product liability attorneys are capable of prosecuting the broad range of product defect lawsuits independently and capable as well to process the individual claims of our clients in the context of class action lawsuits. Our product liability lawyers will consider representing the seriously injured in cases involving design defects, manufacturing defects and deficiencies in warnings based on strict liability and negligence across the nation in most states from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. You are invited to inquire of our product liability attorneys about their qualifications and their experience in prosecuting serious injury litigation, as well as any other qualification questions you may deem important in selecting the product defect lawyer best suited to represent you in your case.

Our product liability attorneys offer free consultations. You may submit the "Contact" form and one of our product defect lawyers will call you to discuss your case, offer his preliminary case evaluation and preliminary recommendations. We are here to serve you.

Our Food Poisoning Lawyers Will Consider Representing Those Who Have Suffered Serious Illness as the Result of Contaminated Food in Individual and Outbreak Cases, including E. coli HUS and TTP Lawsuits; Our Food Poisoning Attorneys Will Consider Salmonella, Botulism, Campylobacte, Norovirus, Salmonella and Shigella, Listeria and Listeriosis Lawsuits Throughout the Nation in Most States from Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


Our food poisoning lawyers will consider cases involving the panoply of biologic contamination that can lead to serious food poisoning illness, from E. coli and Salmonella, Botulism, Campylobacte, Norovirus, Salmonella and Shigella, and Listeria and listeriosis lawsuits. Our food poisoning attorneys will consider filing lawsuits on behalf of clients who have suffered serious illness both in individual cases of food poisoning and in outbreak litigation. Our food poisoning lawyers will consider food poisoning lawsuits across the nation from state from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

We welcome you to contact us for a free consultation. You may submit the "Contact" form and one of our food poisoning lawyers also experienced in prosecuting serious illness cases will call you to discuss your case, offer our preliminary case evaluation and initial recommendations. You are invited to ask about our credentials as food poisoning attorneys and our experience in preparing general damages and special economic damages in serious illness food poisoning cases, and you are welcome to ask our food poisoning lawyer any other questions you may have with regard to qualifications you deem important in selecting the attorney to represent you in your lawsuit.

Below, just as one example of food poisoning illness with serious sequelae our food poisoning lawyers will discuss E. coli illness and Hemolytic Uremic Syndrome or HUS, and Thrombotic Thrombocytopenic Purpura or TTP. In addition, our food poisoning attorneys will discuss our differing approaches to individual food illness lawsuits and outbreak cases. Food poisoning litigation is commonly complex, and every case in which the client suffers serious illness recommends experienced and sophisticated trial lawyers to prepare and present the client's general and special economic damages as discussed in the final section of this page.

Individual food poisoning cases can arise as the result of the failure of restaurants, as an example, to adopt standard policies and practices to assure that their kitchens are free of contamination and to assure that the kitchen employees conform to acceptable food handling practices. Commonly the identify of the biologic contaminant will be identified by hospital pathologists and can be traced to the restaurant or other location where the food product was purchased. In food poisoning outbreak cases the FDA and CDC will commonly investigate, tracing the contamination to the place where the food product was grown, as in the 1976 E. coli outbreak traced to the lettuce grower, or to the food processing company where the environs may be contaminated, as where salmonella contamination was traced to a Peanut Corporation of America processing plant, its peanut paste then incorporated in numerous products of other manufacturers, resulting in the largest food product recall in United States history.

Escherichia coli or E. coli is a term that refers to hundreds of strains of E. coli bacteria the vast majority of which are benign, including some that exist in our lower intestines and are indeed essential to our survival. However, there is a particular strain of E. coli classified by the alphanumeric code for its surface genetic markers, E. coli O157:H7 that results in the toxin responsible for human illness. It is the E. coli strain that will commonly be found to have contaminated food products as diverse as ground beef, salami, unpasteurized milk or juice, as well as vegetable products such as lettuce, sprouts, and spinach, leading to illness, and sometimes very serious illness.

Most often, E. coli illness will be relatively mild, however, in a recent outbreak of E. coli resulting from contaminated spinach several died. In some cases of E. coli illness the client will have developed Hemolytic Uremic Syndrome or Thrombotic Thrombocytopenic Purpura which are very serious medical sequelae of E. coli illness. Our E. coli HUS lawyers will find that HUS commonly results in acute renal failure, can cause kidney damage and result in life long necessity for dialysis treatment. Our E. coli TTP attorneys recognize that Thrombotic Thrombocytopenic Purpura will often result in the same symptoms and health consequences as HUS, and, in addition, may result in neurological effects such as stroke, severe headaches, mood alterations and behavioral changes.

One of our Law Group food poisoning lawyers obtained one of the largest settlements ever reported in an E. coli HUS case. As a highly acclaimed trial lawyer with several years experience in food poisoning litigation, for this one case against a restaurant, he took the course and food management and became a "certified food manager" to assure that he was up to date on all of the potentially relevant state regulations and industry standards governing food management. A part of the food poisoning attorney's success was also due to his extensive experience in presenting serious injury and serious illness litigation to settlement judges and juries. The reader may also consider reviewing our "Serious Injury Lawyers" page to more fully understand the complexity of preparing and presenting the general and special economic damages, the teams of experts involved, and the strategies our food poisoning lawyers will commonly employ to maximize the client's opportunity to obtain the full measure of his damages, including the future medical expense that the client will likely be required to incur over the remainder of his life expectancy and his past and future earnings losses.

Again, if you suffered serious illness as the result of food poisoning you are welcome to contact our food poisoning lawyers who are available to discuss your cases that arise anywhere in the nation from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. We welcome the opportunity to speak with you both about individual cases of food poisoning and illness resulting from food poisoning outbreaks. We are here to serve you.

Our Medical Malpractice Attorneys Will Consider Cases Involving Serious Injuries or Illnesses or Serious Progression of Illness Resulting from Physician Negligence or the Negligence of Other Health Care Providers including Hospitals Across The Nation From Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


We invite those who have been seriously injured or who have suffered progression of their disease, and those who have suffered serious harm resulting from below standard treatment by a physician or other health care provider to contact our medical malpractice attorneys for a free consultation. Our medical malpractice lawyers will represent our clients in medical negligence actions against physicians and other health care professionals including hospitals across the nation in most states from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming .

We welcome you to avail our medical malpractice attorneys offer of a free consultation. You may submit the "Contact" form and one of our qualified and experienced medical malpractice lawyers will call you to discuss your case, your assessments with regard to why you consider that you received improper care, and we will provide our preliminary case evaluation and initial recommendations.

Our medical malpractice lawyers have enormous respect for the extraordinary achievements in medicine, including the wonderful technologies that exist to diagnose and treat our diseases. Indeed, it is our respect for medicine that underlies our outrage when physicians, other health care professionals and hospitals fail to conform to the accepted "standards of medical care," the definition of medical malpractice. If surgeon nicks a vital organ resulting in the death of the patient or an anesthesiologist fails to adequately monitor the patient leading to brain damage, or where a internist fails to diagnose the patient's disease, leading the disease to progress to the point where the patient's chances of remission are diminished, or where the physician employs non-standard therapy in lieu of the standard modalities of treatment to the patient's detriment, indeed, our medical malpractice lawyers will want to use all of their training and skill and advocacy to maximize the client's opportunity to hold the health care professionals responsible.

To illustrate how the medical malpractice lawyer will prosecute physicians, surgeons and hospitals, in the left column of this page we discuss a case in which one of our Law Group medical malpractice lawyers brought suit against a physician, surgeon and hospital alleging causes of action for medical malpractice, hospital negligence and a number of other causes of action, including fraud and conspiracy to defraud and violations of the state Protection of Human Subject in Medical Experimentation act among others. Five of the Law Group medical malpractice lawyer's client's were close to death, and so he consolidated all their cases against the multiple defendants into one trial to assure that they would all have their day in court during their lifetimes. The case for medical negligence against the physician was based on his failure to use the standard of care drugs in the treatment of his patients. The case against the surgeon was based upon his failure to determine that the patients suffered from the disease for which they were admitted to surgery by confirming it by hospital pathology reports. And the hospital's negligence was established for having failed to revoke the physician's staff privileges before he admitted his patients for the assembly line surgeries to install indwelling catheters for the patients to instill an FDA unapproved drug. Each was charged with negligence in failing to comply with the applicable standards of care. The physician and hospital were also charged with fraud and conspiracy to defraud the patients, and the physician was charged with failing to obtain the required written consent for human medical experimentation. The case resulted in a multi-million dollar jury verdict, including a punitive damage award of 1.6 million dollars against the hospital. The case was widely discussed in the legal journals, in the legitimate press, and the Group medical malpractice lawyer was honored by being nominated "Trial Lawyer of the Year" by the Los Angeles Trial Lawyers Association/Consumer Attorneys Association of Los Angeles. He also testified before Congress about the case at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.

The case illustrates also the practical concern of sophisticated medical malpractice lawyers that sometimes medical negligence cases may involve complex subjects of medicine and conflicting opinions of the competing experts for the plaintiff and defendants that can be difficult for jurors to understand. In such circumstances the sophisticated medical malpractice lawyer must recognize that the cases may be won or lost on the basis of the jurors' estimations of the qualities of the qualifications of the experts brought in to testify for the plaintiff and defendant physicians. In the same case above mentioned, we identify in the left column some of the 20 experts that the Law Group medical malpractice lawyer called to testify for his clients, and you will recognize the experts as the most highly distinguished scientists and physicians in the world on the subject matter of their testimony.

Other medical malpractice cases are discussed in the left column of this page, including one brought by the same Law Group medical malpractice lawyer contending that the defendant internist and neurologist fell below the standard of care in failing to diagnose the most rare tumor in the human body. That case again was won in major part as the product of expert testimony that while the physicians were not required by the standard of care to consider in their differential diagnoses the rare tumor, they were required to consider other more common cardiac diseases, and if they had conformed to the standard of care in performing an echocardiogram to rule out the more common diseases, they would have seen the rare tumor. The case also involved some degree of sophisticated trial advocacy on the part of the medical malpractice lawyer in turning on its head a medical syllogism involving hoof beats, horses and zebras. The defendant internist opened the door for use of the medical syllogism, and the medical malpractice lawyer's creative advocacy in using it to make plain the premises upon which his experts would demonstrate the physicians' negligence is explained in the left column.

Obstetrical Malpractice Lawyers and Birth Injury Attorneys

Our medical malpractice attorneys have a particular interest in obstetrical malpractice cases and birth injury lawsuits. These cases can be particularly tragic, leaving the child brain damaged from anoxia or hypoxia resulting from an obstetrician's or hospital staff's failure to timely attach a fetal monitor or failure to timely appreciate that the baby is in fetal distress. In other cases the child may be left with serious injuries such as Erb's Palsy where the baby's shoulder becomes stuck in the birth canal and the physician fails to use the standard of care technique for releasing the shoulder and delivering the baby; and again brain injury also may occur as the result of the obstetrician's below standard delivery technique. In some cases also there may be failures of the obstetrician to fulfill his responsibilities according to the applicable standard of care during the mother's pregnancy, for example in failing to identify a "high risk" that would recommend referral of the expectant mother to a perinatologist, a physician specializing in high risk pregnancies, or to consider C-section or other care or treatment to minimize the risk of adverse outcome to the baby.

Our obstetrical malpractice attorneys and birth injury lawyers again welcome you to contact us for a free consultation in cases arising across the nation from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

Our Elder Abuse Lawyers Will Represent our Seniors in Cases Against Retirement Facilities, Senior Assisted Living Centers and Nursing Homes Throughout the Nation from in Alaska to Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming..


Our elder abuse lawyers will here consider the subject of elder physical abuse, we will distinguish elder neglect from elder abandonment, and will also define elder psychological abuse. Our elder abuse attorneys consider the mistreatment of our senior loved ones to be a very serious violation of common decency and our elder's rights to live their last days peacefully with their needs properly provided for in an environment also where they are not isolated from social interaction.

Our elder abuse lawyers will consider representing our seniors in cases involving elder physical abuse, senior neglect and abandonment, and elder psychological abuse against retirement facilities, senior convalescent centers and assisted living facilities and nursing homes in most states from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.

Our elder abuse lawyers are aware and sensitive to the feelings of anger that may be shared both by the senior and his or her family at the tragedy of elder abuse in all its manifestations, and we share the outrage.

Because all too often our elder abuse lawyers find that our seniors will endure abuse, even physical and psychological abuse for years without telling family members, we will also make some recommendations for families to consider to alert themselves to the possibilities that their seniors may be suffering from abuse at the retirement homes or senior assisted living facilities or nursing homes whom they have entrusted with the welfare of their senior loved one. Our elder abuse lawyers will discuss the signs to look for as we discuss the distinct categories of elder abuse, first elder physical abuse, then in distinguishing elder neglect from abandonment, and then elder psychological abuse.

Elder physical abuse can involve every manner of violence that depraved retirement home or assisted living facility employees may maliciously inflict upon the senior, from slapping the senior to beatings, unnecessary restraints, and in some cases even sexual abuse. Our elder abuse lawyers are concerned that our seniors may endure physical mistreatment for years without telling family members, often times because they feel dependent upon the nursing home or retirement facility for their daily nourishment, access to medical care and drugs or out of fear of retaliation by the retirement facility staff member. Our elder abuse attorneys recommend that family members ask their loved one how he feels he is being cared for and whether there are any particular nursing home staff members who have mistreated them; although you must not take the senior's denial of mistreatment as necessarily accurate. You should be alert to notice cuts and bruises and inquire specifically about how they were sustained, and ask the retirement home staff too, in order to determine if the answers are the same. Our elder abuse lawyers suggest that you may be suspicious of the nursing home staff member who appears cold in his relations with your senior loved one, as well as the retirement facility employee who is overly affectionate or insists on being present when you visit your senior family member.

Elder neglect and abandonment are similar in that they both involve the retirement home's failure to provide for the needs of your loved one, including his nourishment, meals and liquids, access to medical and psychological care, and protection against safety hazards. Elder neglect is based upon the retirement facility or nursing home's duty of care to reasonably provide for the needs of your senior. Elder abandonment involves the malicious, intentional or willful refusal of the retirement home or assisted living center or nursing home to provide for your senior's needs. The family should be alert to their senior's needs and alert to any failure on the part of the nursing home or assisted living center to provide for your loved one's needs. Be concerned if you find that your senior loses weight, appears malnourished or dehydrated. Does he or she ask for food or liquids when you are there. Determine whether your senior is receiving essential medical care and psychological treatment, including prescribed drugs. Consider obtaining second opinions where you feel that the medical care your senior loved one is receiving may be inadequate. Be alert to injuries your loved one has sustained, inquire about how they were sustained, and inquire to assure that the appropriate measures have been taken to protect him from the safety hazard that resulted in his injuries.

Elder psychological abuse can sometimes be the most tragic and horrifying, manifest again in every form the depraved retirement home employee may maliciously inflict, from threats to any manner of humiliation, and sometimes most damaging of all, isolating the senior from social interaction with others that can sap the senior's very will to live. Again, our elder abuse lawyers recommend that family members should be alert to changes in their senior loved one's mental state, depression, uncharacteristic fears. Ask him or her about his friendships or acquaintanceships with others of his elder colleagues at the retirement facility. Take him or her to the common rooms and observe the reactions of the other seniors, either in coming to him to say hello or asking him where he or she has been. Again our elder abuse attorneys recommend that your level of suspicion for psychological abuse may be raised by nursing home or senior assisted living center employees who appear cold toward your loved one or who appear overly affectionate or insist on being present when you visit your senior.

Our elder abuse lawyers invite the senior who has been abused or his or her family members to contact us for a free consultation. You may submit the "Contact" form and one of our experienced elder abuse attorneys will call you to discuss your case, offer his preliminary case evaluation and initial recommendations. We are here to serve our seniors.

Our Serious Injury Trial Lawyers Discuss Our Strategies for Maximizing our Clients' Opportunities to Recover Their Full Measure of General Damages and Special Economic Damages. Our Pennsylvania Auto Accident Lawyers, Motorcycle Accident Attorneys, Big Rig Truck Accident Lawyers, Premises Liability and Slip and Fall Attorneys, Medical Malpractice Lawyers, Product Liability Attorneys and Elder Abuse Lawyers Will Consider Representing the Seriously Injured Throughout the Nation in Most States from Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming.


Our Law Group trial lawyers will briefly explain below our strategies for preparing and presenting our clients' general and special economic damages in serious injury litigation. This is a subject that is applicable to all of our practice areas. Our auto accident lawyers, motorcycle and big rig truck accident lawyers will represent clients who have suffered serious or catastrophic injuries, traumatic brain injury, TBI, serious spinal cord injuries such as quadriplegia or paraplegia, serious internal injuries, orthopedic injuries, or limb amputations, as examples. Our premises liability lawyers will represent clients similarly injured. Our food poisoning lawyers will consider representing those who suffer serious illnesses as the result of ingesting contaminated foods, or the serious sequelae of food poisoning such as E. coli HUS and TTP cases. Our medical malpractice lawyers encounter every manner of below standard care resulting in serious injury, such as results from surgical error, or the serious consequence of disease progression resulting from the physician's failure to diagnose the disease. And our Elder abuse lawyers confront the tragedies of our seniors physically abused, psychologically abused, neglected and abandoned. Our trial lawyers will consider representing those seriously injured across from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming, in auto accidents, falls on residential, commercial or public property, as the result of food poisoning, medical malpractice, product defects or elder abuse.

Regardless how "obvious" the negligence of the other driver in an auto accident may be, or the negligence of the surgeon who closes leaving a sponge behind that results in serious infection or organ damage, or the defect in an infant toy, the detachable parts of which block the infants windpipe resulting in anoxia and brain damage, ALL cases involving serious injuries are complex in the preparation and presentation of the client's general and special economic damages.

We recommend our "Serious Injury Lawyers" page for the more comprehensive discussion, however, here we will briefly discuss the complexity of the trial lawyer's strategies to maximize the opportunities for the client to recover his full measure of damages. Our serious injury trial lawyers will suggest that regardless of the simplicity of establishing a defendant's liability, or as simple as it might appear, the complexity involved in preparing and presenting the client's general and special economic damages recommends serious consideration of a lawyer's experience in serious injury lawsuits, among all the other matters of qualification that the prospective client considers important in selected the attorney best suited to represent him.

Many personal injury lawyers define general damages as "pain and suffering." Our serious injury lawyers, however, will commonly find that our clients consider the most significant of their general damages resulting from their injuries to be their "loss of enjoyment of life" damages. The paraplegic client, for example, may experience little long term pain, but will express his greatest regret in terms of his inability after his injuries to engage in all of the activities that he most enjoyed before he sustained his injuries. Our serious injury lawyers will call medical experts in every medical discipline necessary to define the full nature and extent of the client's injuries, his diagnosis and prognosis. We will elicit the objective and subjective evidence of the pain and suffering the client endured. And in demonstrating the client's "loss of enjoyment of life" damages the trial lawyer will first elicit the testimony of the client, his friends and family, or home movies showing the client enjoying the activities he most misses, which may not be physically demanding activities like skiing or horseback riding, but might be as simple as playing with the children or grandchildren; and then the trial lawyer will juxtapose against that evidence a professional "Day in the Life" film depicting the courage of the client in meeting all of the big and small hurdles he faces in his post-injury normal daily life.

Every general damage case is different, requiring the serious injury trial lawyer to adjust his strategy to the particular case and listen carefully to the client who will alert him often to the most poignant of his general damages. However, in terms of demonstrating the client's special economic damages, such as the client's past and future medical expenses and past and future earnings losses, there are strategies employed by our serious injury trial lawyers that primarily turn on the opinion testimony of the teams of experts who will present the evidence of the full measure of the client's special economic damages.

The serious injury trial lawyer's job in demonstrating past medical expenses is often simple enough, just a matter of summing the amounts of the relevant medical bills incurred between the time of the injury through the date of the settlement conference or trial. The trial lawyer's task in demonstrating the full extent of the client's future medical expenses likely to be incurred over the remainder of his life expectancy is very complex, involving a team of essential experts. The serious injury trial attorney will first require the number of medical experts in the specialties in which the client will require care to outline the medical care and treatment the client will likely require year by year throughout his remaining life expectancy. The trial lawyer will then need to engage a "life care planner," who will read the reports of the medical experts and return to them time and time again in the process of identifying all of the big and small medical expenses the client will likely incur year to year over the client's life expectancy, from surgeries and hospitalizations to part time or full time home nursing care or for care in an assisted living or nursing facility, to replacement prostheses or wheelchairs, modified vehicles, special beds, house alterations, down to the small cost item sundries that over time can involve substantial cost. The serious injury trial lawyer will work closely with the medical experts and life care planner, and then when the final "life care plan" is complete, the trial lawyer will engage a forensic economist first to increase the amounts of all the medical costs year by year according to statistics on the rapidly rising prices of the categories of medical cost, and then the forensic economist will discount the total to present cash value according to historical general inflation statistics.

The serious injury trial lawyer's task in demonstrating the full measure of the clients past and future earnings losses can be even more complex, particularly in the case of a business owner-operator, the self employed and those clients who had realistic opportunities to have advanced in their professions or in their company with anticipated increases in salary. However, for purposes of this discussion, taking the easiest case of the hourly wage earner, disregarding prospects for advancement, the preparation of the client's future loss of earnings is still complex, again requiring a team of experts. Again, the serious injury trial lawyer begins by engaging the medical experts necessary to determine the full extent of the client's disabilities. The serious injury trial lawyer will then employ a "rehabilitation" expert to review the medical experts reports, commonly communicate with the experts at times while meeting also with the client, gathering his education and employment records, and considering trade journals and other literature to determine the jobs, if any, in which the client might still obtain gainful employmen; and then define the narrowing of the fields in which the client would be capable of working from before to after his injuries. It may also be the product of the rehabilitation experts discussions with the medical experts that the client's work-life expectancy is shorter as the result of his injuries than it would have been if he had not been injured. As the result of his research the rehabilitation expert will arrive at a year by year estimate of the earnings losses suffered by the client. The serious injury trial lawyer will then again engage a forensic economist to review the rehabilitation expert's report, increase the yearly earnings losses by statistics on wage growth in the particular profession or trade and then discount the to total to present cash value.

The serious injury trial lawyer will commonly present the medical expert reports defining the nature and extent of the client's injuries, the photographs and home movies and "Day in the Life" video, and the reports of the various experts establishing the full measure of the client's past and future medical expenses and earnings losses to the settlement judges in an effort to obtain a fair settlement without the necessity of trial. And if the case cannot be settled, he will call the witnesses, including the teams of expert witness to testify at trial to maximize every opportunity for the client to receive a jury verdict and judgment for the full measure of all the elements of his damages.

What our serious injury trial lawyers would hope to have substantiated by the above discussion is that indeed, as uncomplicated the proof may appear in terms of establishing the liability of the defendant, every serious injury case is complex in the preparation and presentation of the client's general and special economic damages, recommending that the potential client consider the experience of the lawyer in complex serious injury litigation as one of the factors in his selection of the attorney to represent him.

Our serious injury auto accident attorneys, motorcycle accident lawyers and big rig truck accident attorneys, our premises liability slip and fall lawyers, our product liability attorneys and medical malpractice lawyers, food poisoning attorneys and elder abuse lawyers welcome you to contact us for a free consultation. Again, our trial lawyers will consider representing the seriously injured throughout the nation from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Our serious injury trial attorneys in each of our subject matter practices welcomes you to inquire with regard to his qualifications both in the practice area and his experience in prosecuting serious and catastrophic injury lawsuits.

Your are invited to submit the "Contact" form and one of our serious injury trial lawyers with experience in auto accident litigation or premises liability cases, product liability lawsuits, medical malpractice litigation, food poisoning cases or elder abuse lawsuits will call you to discuss your case, provide our case evaluation, and preliminary recommendations. We are here to serve you..

car accident lawyer
*Jury Verdicts and Settlements:

$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."

$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.

$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, offered to testify that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. In the opening statements the defense attorneys made the argument that the plaintiffs were attempting to assign liability for failure to diagnose the rarest of tumors, one that most cardiologists would never have heard of, one that, in the very few case reports in the medical literature was in each case an autopsy diagnosis, atrial myxoma never having previously been diagnosed in a live patient. The Group medical malpractice attorney called as his first witness the defendant internist and led with his chin asking "Doctor, did you consider atrial myxoma in your differential diagnosis." The internist responded as he was assuredly coached to do by his attorneys, "Mr. Henke, you don't think of zebras when you hear hoof beats, which is actually a medical syllogism expressing the proposition that the physician should list the most common possible disease entities that can cause the patient's symptoms, not the rarest. But a light bulb went off in the brain of our Group medical malpractice lawyer and he first said softly "Mitral valve prolapse," and then more loudly, "It's a horse isn't it." His lawyer objected, but the doctor had "opened the door" and the Judge ordered the physician to answer the question. He dodged, saying, "I don't know what you mean." But our Group medical malpractice attorney was prepared, "Well, doctor, mitral valve prolapse occurs in about 6 percent of a randomly selected population of females Mrs. Z's age, its a horse, isn't it. The doctor replied, "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Mitral stenosis," and then more loudly, "Its a horse, isn't it doctor." The doctor said "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Idiopathic subaortic stenosis," and then more loudly "It's a horse, isn't it doctor." The doctor reluctantly admitted it again. And then the punch line, "So doctor, upon hearing the hoof beats, Mrs. Z's symptoms of feinting, had you merely thought horse, these other common potential cardiologic diagnoses, and turned in the direction of the hoof beats, performed and echocardiogram, you would have seen the zebra, wouldn't you have doctor. The medical malpractice attorney's use of the syllogism offered by the defendant internist was indeed faithful to the testimony that he would then elicit from his experts. The medical malpractice lawyer then came back to the zebra syllogism in closing argument to make more understandable than he might have otherwise the logical progression of his expert's premises upon which the jury then held both the internist and neurologist liable.

$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..

Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States.

Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.

*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

bicycle accident lawyers
Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.

Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.

In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.

Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.

It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the client for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the auto accident accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.

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The Law Group - An Affiliation of Trial Lawyers Serving Clients Seriously Injured in Auto Accidents, Motorcycle and Big Rig Truck Accidents, in Medical Malpractice, Product Liability, Pharmaceutical Defect Cases And in Food Poisoning Litigation, Premises Liability and Elder Abuse Cases.


Our Law Group was first conceived in the 1990's when Attorney Henke was serving as a Governor of the 5th largest trial lawyer association in the United States and regularly meeting with the officers and Governors of most of the state trial lawyers associations, including to develop strategies to defeat insurance industry efforts to obtain "tort reform laws" -- laws which would have significantly curtailed the rights of the injured to be fully compensated, for example "caps" on general damages. Many of us came to gain high regard for the professionalism of others of the trial lawyers from across the county. And where it was common that we would be contacted by potential clients from other states we would often recommend or refer the potential clients to lawyers in our loosely affiliated group or to other attorneys whom we considered best situated or qualified to consider the cases. In personal injury litigation where a particular lawyer already had a "leg up" on a particular type of case, for example an auto defect case, with his experts already developed, we might recommend that the potential client might save substantial litigation costs or otherwise be best served by the other trial attorney. We also will sometimes cooperate with others of our serious injury trial lawyers, either in sharing documents and other evidence developed in previous cases against the same defendant, as in product liability cases, or sometimes by helping to identify and prepare an expert for another Group lawyer in another state. Sometimes we may offer to serve as local counsel where an out of state attorney appears as trial counsel pro hac vice, or we may assist with appeals in our states for another trial lawyer where we may be more familiar with the issues or appellate litigation. This is the way our informal affiliation of lawyers grew with experienced trial lawyers in most of the states from California to New York, from Texas, Georgia and Florida to Michigan, Illinois, Ohio and Pennsylvania, from Alaska to Hawaii, and in Alabama, Arkansas, Arizona, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, and Wyoming. Our personal injury trial lawyers will consider representing potential clients who have suffered serious or catastrophic injuries as the result of auto, big rig truck, or motorcycle accidents, medical negligence, a defective product, food poisoning, premises defects or failures in maintenance of premises, and elder abuse throughout the nation.

It is every potential litigant's right to ask about the credentials of any lawyer whom he would consider to represent him. Decisions with regard to the best lawyer for you should not be made on the basis of attorney advertisements. Rather such decisions should be made on the basis of a comparison of the credentials of the lawyers whom the potential client would consider to represent him. Our Law Group attorneys provide free consultations and we welcome your inquiries with regard to our credentials as serious injury trial lawyers and as experienced in our practice areas specifically relevant to your case, and we invite you also to ask any additional questions about our qualifications that you may deem important in the attorney you will choose to represent you.

It is beyond the scope of this web site and page to attempt to do justice to the credentials of all of our Law Group lawyers, and so on the web site subject matter pages and here we have limited our discussion of specific credentials to those of Group attorney Henke, as was most convenient, given that he is the author of most of the practice areas pages, which we hope will provide greater information with regard to the sophisticated trial strategy that qualified and experienced lawyers generally bring to the prosecution of the broad description of cases discussed.. In addition, because it would be beyond the scope of our page limits to discuss the significant trial victories and settlements of all our group members, in the left column of this page it is discussed only the jury verdicts of this one Group lawyer, except that, given that he doesn't practice food poisoning law, a recent E. coli HUS case and settlement obtained by another of the Group members, Nick Allis, is discussed. The cases cited are furthermore intended to describe the type of trial advocacy that can be brought to bare in the various auto, medical malpractice, drug product liability and food poisoning cases described, not to stress the amounts of the settlements and jury verdicts, because as noted in the left column, the damages recovered in any particular case are dependent upon the facts of each case, including the nature and extent of the client's injury, and his general and special economic damages.

So that the reader may consider some of the types of credentials that attorneys may have, among others, in determining a lawyer's suitability for a particular case, from lawyer directory legal ability and ethics ratings to elected office in state trial lawyers associations, awards and recognition by his peers, such as trial lawyer awards, education, training and experience in the particular practice areas, such as big rig truck accident cases or medical malpractice or pharmaceutical product liability or food poisoning or premises liability or elder abuse litigation, as examples; articles published on specific legal subject matter, or experience serving as class action lawyers, as might be pertinent in some cases, or examples of the attorney's appellate advocacy, we provide the specific credentials of attorney Henke, however only by way of example of one Group member's qualifications. By providing his credentials Henke does not claim that his credentials are superior to those of any other Group lawyer or any other attorney in his or any other state. He will not accept cases arising outside the state of California, and will only appear as trial counsel in pending litigation in another state at the request of an attorney in the other state, where the attorney requests that he serve as trial counsel in the pending litigation, with the consent of the client, and only where the trial court judge in the out of state litigation consents to his appearance as trial counsel pro hac vice. His credentials, however, might serve the purpose sought to be achieved here, only to suggest what might be some of the questions that any prospective client may want to ask the lawyers in the state in which his cause of action arose whom he would consider to represent him, along with all the other questions that the prospective client deems important in selecting the attorney best qualified and experienced to prosecute his or her potential litigation.

For example, the first of attorney Henke's credentials discussed below is his Martindale & Hubbell rating. And indeed, often as lawyers consider recommending or referring clients to lawyers in other states they will commonly consult the lawyers' Martindale & Hubbell "legal ability" and "ethical standards" ratings. Martindale & Hubbell is the most respected attorney rating directory in the United States. The ratings are most commonly based upon interviews with Judges before whom the lawyer has appeared and interviews with other prominent lawyers in the attorney's community. So the potential client may well wish to inquire about the Martindale & Hubbell ratings of the attorneys whom the client would consider to represent him.

Law Group attorney, Henke and his law firm are "AV" rated by Martindale and Hubbell, the highest lawyer "legal ability" rating ("A") and highest attorney "general ethical standards" rating ("V"). The "A" is defined by Martindale & Hubbell to mean "very high to preeminent" in "legal ability" and the "V" is defined to mean "very high" in "general ethical standards". According to Martindale & Hubbell: "AV Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Martindale & Hubbell also assigns numerical ratings, from 1.0 to 5.0, with 4.5 to 5.0 satisfying the criteria for an "AV" rating. Henke's numerical rating is 5.0.

He is recognized as one of the "Top Lawyers in America," a member of the Million Dollar Advocates Forum, commonly referred to as "the most prestigious group of trial lawyers in the United States."

He is a former Governor of LATLA, the 5th Largest Trial Lawyer Association in the United States, elected and reelected to the position, year after year, by LATLA's large trial lawyer membership.

He was nominated by LATLA for the coveted and prestigious "Trial Lawyer of the Year" Award. He was also given its President's Award, and was given the privilege to serve as the Editor-in-Chief of the Association's Law Journal, "The Advocate.".

His cases, trial work and victories in "test" litigation, including medical and drug litigation, have been chronicled in legitimate national and state legal journals and legal magazines from the National Law Journal to the California Lawyer.

His cases and trial work have also been the subject of substantial legitimate news coverage from front page articles in the New York Times and Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner. He has appeared to discuss his cases on national legitimate television news, Tom Brokaw's Evening News, CNN; his cases, trial strategies and successes have also been described in 2 books.

He has also testified before Congress at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives specifically with regard to his successful prosecution of certain medical and drug "test" cases, and his contention that punitive damages are an important tool in assuring that drugs are safe and that health care providers, including physicians and hospitals, adhere to the medical standards of care.

He has also published over 30 legal articles in professional journals from "Trial" the Journal of the American Trial Lawyers Association, "The Forum," the Journal of the California Trial Lawyers Association, Consumer Attorneys Association of California, and the "Advocate," the Journal of the Los Angeles Trial Lawyers Association, Consumer Attorneys Association of Los Angeles, including , "Mandatory Class Action," Trial Magazine, ATLA; Henke with Professor Dean Neubauer, "Medical Malpractice Legislation," Trial Magazine, ATLA, "Negligence Per Se and Drug Product Liability Cases," Advocate, LATLA; "Statute of Limitations/Delayed Discovery Rule in Drug Product Liability Litigation," Advocate, LATLA, "Amending the Complaint at Trial to Add Punitive Damages, "Advocate," LATLA; Henke with Inner Circle Member James Butler, "The Right of Counsel to Speak to Press on Pending Civil Litigation: First Amendment Protections Reaffirmed," Forum, CTLA; "Falsification of Medical Records: How to Establish it and how best to handle it," Advocate, LATLA; "Medical Malpractice, Overcoming Common Defenses in Uncommon Medical Malpractice Cases," Forum CTLA; "Children’s Rights v. Government Claims Provisions," Advocate, LATLA; "Statistics," Advocate, LATLA; "Defendant's Counsel's Sub-rosa Interview with Plaintiff's Treating Physicians," Advocate, LATLA; "Special Defenses, "Advocate, LATLA; "Framing Economic Damages," Advocate, LATLA; "Character Evidence and the Ostensible Secondary Purpose, " Advocate, LATLA; "Legislation," Advocate, LALTA; "Proving Economic Damages of Undocumented Aliens, " Advocate, LATLA; "Initiative Checklist," Advocate, LATLA; "Selecting the Medical Negligence Case," Advocate, LATLA; "The Reasonable Suspicion Standard in Drug Product Liability Cases," Advocate, LATLA; "Use of Rebuttal Expert Testimony at Trial,"Advocate, LATLA; "Proving Negligent Failure to Diagnose a Rare Disease," Advocate, LATLA; "Breach of the Physicians Obligations of Confidentiality," Advocate, LATLA; "Taking Expert Depositions," Advocate, LATLA; "Jury Selection," Advocate, LATLA; "Epidemiology and Applied Statistics," Advocate, LATLA; "Recovery for Increased Susceptibility for Future Medical Disease," Advocate, LATLA; "Strict Liability," Advocate, LATLA; "Contention Interrogatories," Advocate, LATLA; "Ex Parte Interviews with Plaintiff's Treating Physicians," Advocate, LATLA; "The High Cost of Forum Depositions," Advocate, LATLA. Full Bibliography Available Upon Request.

He has also obtained extraordinary published state and federal appellate results, including in sophisticated medical and pharmaceutical product liability litiagtion effecting lasting, significant changes in the law favorable to his clients and other plaintiff litigants. An attorney's experience in appellate advocacy is not only useful on appeals, but may be important in some cases to overturn before or during trial a bad ruling of the trial judge that guts the case or deprives the client of an element of his damages. To take one example, in the context of pre-trial motions a Judge struck Henke's clients' punitive damage claims relying of newly enacted tort reform legislation requiring that in cases against health care providers the punitive damage claim must not be stated in the original complaint, as was the practice when the complaint was filed prior to enactment of the law, but by amendment to the complaint based upon evidence of the validity of the punitive damage claim. Henke obtained a stay of the trial to take an extraordinary writ to the appellate court, obtaining an immediate decision from the Court of Appeals ordering the trial court to reinstate the clients' punitive damage claims, and then he went forward to obtain in addition to compensatory damage awards for his clients, a $1.6 million jury verdict in punitive damages against one of the defendants.

To take another example, after more than 1000 federal cases involving children who had suffered serious birth defects were assigned by the federal Judicial Panel on Multi-District Litigation to a federal Judge sitting in the United States District Court for the Southern District of Ohio, the District Court Judge in Ohio certified a "mandatory class action" binding together the 1000 birth defect cases assigned to his court and all the other thousands of birth defect cases involving the drug filed nationwide, including those filed independently in the state courts. The pharmaceutical product liability lawyers in Henke's office had over 40 cases involving exposure to the drug, most of them involving children born with severe limb defects, and had developed an extensive list of experts fully prepared to testify in the individual pharmaceutical product liability trials against the manufacturer. The Plaintiffs' Lead Counsel Committee and the attorneys for the drug manufacturer then settled the mandatory class litigation involving the thousands of children born with birth defects nationwide for $120,000,000. The federal District Court Judge then issued an order approving the settlement. Group attorney Henke and his other firm members considered the settlement to be woefully inadequate to compensate the many thousands of children with serious birth defects for even the smallest fraction of the fair measure of the value of their injuries and damages. So Henke filed a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit challenging the District Court's certification of the mandatory class action and settlement. Attorney Henke's petition for writ of mandamus was successful in obtaining the United States Court of Appeals' order instructing the District Court Judge to decertify the mandatory class and void the class settlement.

Henke had argued that "mandatory class action" offended the individual client's right to the attorney of his choice, and control over his individual litigation, arguing that the sole legitimate exception that the Court of Appeals should recognize should be that mandatory class action might be justified in the rare instance where the defendant had a demonstrated limited fund of assets and insurance insufficient to pay all claims brought against it, proof that the large manufacturer in this drug product liability class action clearly could not and had not substantiated. The United States Court of Appeals adopted Henke's arguments, issuing a landmark published decision severely restricting the availability of mandatory class actions, with the sole exception mentioned above. The decision altered the law of class action in an enduring way, and now almost all class actions must be framed as "voluntary class actions" where each plaintiff has the opportunity to opt out, choose his own attorney to represent him and pursue his individual litigation independently if he so chooses. The case indeed applies to all mass tort litigation, and all class actions, rendering mandatory class action essentially unavailable except in very rare class litigation.

Mr. Henke received his Juris Doctorate degree from the University of San Francisco, served on the USF Law Review, received the American Jurisprudence Award for Civil Procedure, and interned at the United States Court of Appeals for the Ninth Circuit while in Law School.

Martindale & Hubbell ratings, elected offices in trial lawyers associations, awards and honors from professional organizations, recognition in professional journals, publications in trial lawyer journals, significant appellate victories, and experience preparing and presenting to settlement judges and juries cases in the legal subject area of the potential client's case, as well as the relevant settlements and jury verdicts the lawyer has obtained as the lead trial attorney, are all credentials that a potential client may wish to consider in comparing the qualifications of the lawyers whom he would consider, among such other qualifications as the client deems important in the lawyer who will represent him. We strongly recommend that decisions with regard to the choice of a lawyer be made on the basis of legal qualifications, and we welcome all prospective clients to inquire about our Group lawyers' qualifications.


Our Personal Injury Lawyers Provide the Following Attorney Disclaimers For All States of the United States.

Please read the full Terms and conditions on our Required Legal Notices page. The following is a synopsis:

Please understand that this Personal Injury Lawyers page, and all other pages on this site are provided for informational purposes only, describing the various practice areas discussed. The content of the pages, including this page, are not intended as legal advice and should not be interpreted as legal advice; and in particular the content should not be interpreted as legal advice as to the potential merits or viability your particular case or any particular case.

Our personal injury lawyers provide free consultations to those who contact us, but again, you must understand that if we are unable to accept your case, that will be merely a function of our law firm specific intake guidelines and should not be interpreted as a conclusion on our part that your case lacks merit or that it is not viable litigation.

Furthermore, please understand that merely reviewing this site, this web page or any of the other pages of this site, or submitting a case evaluation request, or speaking with Mr. Henke or another attorney does not and cannot create an attorney-client relationship with Mr. Henke or his law office. The only way that an attorney-client relationship can be created with Mr. Henke or his law firm is by a written attorney-client retainer agreement signed both by the client and Mr. Henke. If a case does not fall within our office intake guidelines or if it arises in another state, we may recommend or refer you to another lawyer, but please understand also that our recommending or referring you to another lawyer does not create an attorney-client relationship with Mr. Henke or his law firm. We do no supervise any litigation undertaken by any other lawyers, including attorneys or law firms to which we may recommend or refer a client. The recommendation or referral of potential client to another lawyer does not give rise to any duty or obligation or responsibility on the part of Mr. Henke or the Henke Law Office. Furthermore, every client must independently investigate the credentials of any lawyer whom he would consider to represent him, and the Henke law office does not under any circumstances accept liability for errors or omissions of other lawyers or any other liability including in connection with his recommendation or referral of the client to another lawyer. Our Law Group, as set forth above, is merely a loose affiliation of lawyers; we are not a law firm or a partnership or association of lawyers.

It is the intent of our Group personal injury lawyers in framing this page, and the content of this Serious Injury Attorneys web site, to comply with all laws and attorney ethical rules in all states in which such rules exist. Specific Rules applicable in particular states are set forth below and on the Required Legal Notices Page of this web site, which we invite you to consider, and incorporate on this web page.

By virtue of the characteristics of Internet communication of lawyer advertisements generally, including by the ability of persons to view the advertisement beyond state borders, and indeed worldwide, the following notices are provided for all states of the United States. The state laws and state bar rules and other laws governing Internet communication generally and lawyer advertisements in particular are constantly changing. Mr. Henke, has made an effort on this general informational web page and on the Required Legal Notices page to comply with all the applicable state laws, state bar rules and other rules governing lawyers and attorneys in anticipation that this lawyer advertisement might be viewed by citizens of any state of the United States.. This attorney advertisement, authored by attorney Henke, is not intended for those whose potential cases do not have a nexus with the state of California, e.g., by virtue the cause of action arising in the state or a defendant's incorporation in the state or the location of its principal place of business in the state.

The following are particular admonitions intended to comply with the laws and rules of the identified states:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, Henke Law Office attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

For all those states which consider informational lawyer web pages to be advertisements, please take notice, this web site and web page is an advertisement. Mr. Henke considers the foregoing disclaimers to be good for all to consider, including that decisions with regard to your choice of lawyer should not be made based on the content of attorney advertisements, and the disclaimers in this section and on the Required Legal Notices page should be considered by those seeking counsel in all states: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon attorney advertisements or self-proclaimed expertise. The lawyers of the Law Group and Henke Law Office state: “Before you decide on an attorney to represent you, to the extent that you may consider this office, please ask us to send you free written information about our qualifications and experience.” We do not hold ourselves out to be specialists in states which certify specialists. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

This web site and the instant page are not intended by Henke for the purpose of soliciting any prospective clients in any state except California for the commencement of any civil action. If attorney Henke were to file a civil lawsuit in any of the other state, he would do so only on the request of an attorney who was a member of the Bar of the other state, who would serve as the local attorney in the litigation, only in connection with pending litigation, with the consent of the client, and only with the permission of the state court for Henke to appear as the attorney for the client pro hac vice. We do not solicit clients in any such state; we will only consder inquiries from attorneys in these other states who consider that they might benefit from our expertise.