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Practice Areas - Personal Injury Defense

One of the most complicated areas of tort defense is personal injury or wrongful death claims attributable to construction or industrial negligence. Our firm is skilled at defending an array of different factual scenarios in industrial related claims such as those involving allegations of improper maintenance of traffic (MOT), negligent operation of a crane or other construction equipment, failure to provide proper structural bracing, failure to comply with OSHA safety standards, and failure to comply with Federal Motor Carrier Safety Act (FMCSA).

The firm’s experience in defending medical malpractice claims is invaluable in defending the catastrophic injury claims that often result from industrial accidents. Along with defending the damages portion of the claim, the liability issue is often complicated by layers of contractors, the borrowed servant doctrine, subrogation, indemnification, risk transfer and worker’s compensation carrier liens. The firm makes every effort, in conjunction with the claims professional, to analyze all pertinent contracts and tender the defense and indemnification of the client to the appropriate parties early in litigation. This often results in saving the insurance carrier and the client unnecessary expenses and attorney fees. Even when tendering of the defense is not an option, Wolpe Leibowitz & Fernandez, L.L.P. has the necessary experience to handle these issues not only in discovery, but all the way through trial.
 

 


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