Practice Areas
The skilled attorneys at Weitz Garfinkle Datz have a record of substantial verdicts and settlements in representing clients affected by catastrophic injury, construction site and workplace injuries, consumer claims and business torts, insurance bad faith, premises liability, commercial litigation and healthcare litigation. Our knowledge and expertise in this diverse range of practice areas ensures experienced representation for a wide range of legal issues.
Please view the links below for more information about the areas in which we practice to determine if we may provide assistance with your legal needs.
Catastrophic Injury
Years of experience have taught us that the ability and willingness to handle complex matters through trial and appeals is the best strategy for our clients. Our dedicated staff and commitment to cutting edge technology reflects our Traditional Values and Modern Approach. Out of respect for our clients' privacy and the requirements of many of their settlement agreements, we have chosen not to reveal our clients' names or the amounts of their recoveries.
- Medical Negligence
Supported by networks of board certified physicians, we have tackled many cases involving complex medical errors that have severely injured our clients and their families. Because of the types of injuries that result from medical error, medical negligence cases tend to present some of the most challenging litigation in our court system today. A few of our past successes include:
- An $8.6 million verdict for family of a child who suffered severe brain damage because her delivery was inexplicably delayed.
- A confidential seven figure settlement for the family of a child who suffered severe brain damage as a result of post-delivery neglect by the hospital staff.
- A confidential seven figure settlement for the family of a profoundly brain damaged child who suffered his injuries due to his pediatricians failure to timely diagnose and treat his neonatal infection.
- A confidential seven figure settlement for a bioscientist who died as a result of an unnecessary delay in diagnosing his oral cancer.
- A confidential settlement for the family of a woman who died as a result of a physician's failure to identify an operative injury which led to a complete poisoning of her organs.
- A confidential settlement for the family of a young woman who died at home after her physician received abnormal cardiac test results but failed to properly advise his patient on the need to follow up.
- Motor Vehicle and Trucking
With the increasing costs of airfare, more individuals and companies are choosing to travel and transport goods over our highways. With the added traffic comes added danger. Because of the size and speed of many vehicles on the road today, injuries can be serious, and often deadly. We have achieved significant results for our clients including:
- A confidential seven figure settlement for a university professor who suffered irreversible brain damage when struck on a rural highway by another vehicle that inexplicably crossed into on-coming traffic.
- A confidential seven figure settlement for a Fortune 500 executive who was rendered completely disabled after being sideswiped while traveling on vacation.
- A confidential settlement for a nurse who suffered severe orthopedic injuries and severe brain damage and was rendered completely disabled while a passenger in a commercial vehicle.
- A confidential settlement for a high school student that suffered a broken neck while a passenger in a vehicle that collided with a truck while traveling on a dangerous roadway.
Construction Site and Workplace Injuries
Population growth, economic prosperity and rising costs are driving builders and contractors to complete projects as quickly as possible. Unfortunately, many times the increased speed comes at the cost of worker safety. Because of the nature of the work and the danger of the equipment involved, construction site and workplace injuries are usually catastrophic and result in severe disability. Through timely and thorough investigation, we obtain the crucial information to successfully advance our clients' claims. A few of our success in these arenas include:
- A confidential settlement for victim who was disabled when a lunch truck backed over him at a construction site.
- Recovered benefits for nurse who was catastrophically injured while riding in a work-related vehicle.
- A confidential settlement arising out of the death of an emergency nurse who perished in an emergency helicopter transport crash.
Insurance Bad Faith
Given the competitive financial markets and industry consolidation, insurers are increasingly employing strategies to improve their own financial condition at the expense of their insureds. Whether our clients are victims of improper denials of benefits or an insurer's refusal to honor its promise to protect its insured, we employ creative approaches to achieving justice for our clients. Depending upon the unique facts of each situation and the governing law, potential remedies range from forcing the insurance carriers to provide the benefits they promised to pay or recovering punitive damages as a result of unreasonable misconduct. Some of our achievements for our clients include:
- A confidential settlement for a widow who was denied the full amount of her late husband's life insurance proceeds.
- A confidential settlement for a widow who was denied payment of her late husband's life insurance proceeds that included punitive damages.
- Reinstatement of communications industry executive's disability benefits that were denied on question of extent of disability.
- A confidential settlement of claim that included punitive damages against a motor vehicle insurer that improperly denied coverage when vehicle was hit while parked.
- A confidential settlement for the family of a profoundly challenged child whose healthcare and support benefits were improperly and suddenly cut-off.
- A confidential settlement of a claim that included punitive damages against a motor vehicle insurer that improperly denied coverage when vehicle was stolen.
- Reinstatement of laborer's disability benefits that were denied on question of the extent of disability.
- A confidential settlement for injured victims that obtained judgment in excess of the defendants' insurance coverage that included punitive damages.
- A confidential settlement against injured victim's underinsured motorist insurance carrier that included punitive damages after engaging in low-ball settlement practices.
- A confidential settlement against consumer credit insurer that improperly denied full extent of disability credit insurance coverage.
Consumer Claims and Business Torts
One of the unique aspects of our changing society is the scope of products and services available to the general public and small businesses. In an increasingly competitive marketplace, big business has been cutting corners, boasting untrue results and putting its own interests ahead of its customers. We have championed our clients' causes in many of these situations including:
- A confidential settlement for victims of securities fraud.
- A confidential settlement including punitive damages for victim of consumer fraud.
- A confidential settlement of claims of health care professionals against insurers who refused to pay amounts owed for claims.
- A confidential settlement for company that suffered substantial damage when sprinkler system malfunctioned.
- A confidential settlement for company that owned warehouse that collapsed during snow storm due to faulty construction.
- A confidential settlement for franchisee who was defrauded by national franchise chain.
Premises Liability
Despite all of the safety laws, regulations and precautions, many dangerous conditions exist in daily environment. By investigating these incidents and aggressively pursuing responsible parties, we have achieved the following significant victories for our clients:
- Confidential multi-million dollar settlement for collegiate athlete rendered completely disabled due to defect in facility's parking lot.
- Confidential settlement for hotel employee who was rendered disabled while falling into hidden construction ditch in employer's parking lot.
- Confidential settlement for neighborhood resident who shattered multiple bones and required several surgeries due to defect in sidewalk.
- Confidential settlement for Casino patron who was severely burned in casino spa.
Commercial Litigation
A trend has emerged in which companies seek the assistance of trial attorneys rather than traditional litigators to handle their claims. By employing firms that are focused on pressing disputes to trial rather than expansive litigation, disputes are often resolved more rapidly and successfully.
Healthcare Litigation
In an industry that has become the largest segment of our country's gross national product, there exist mazes of regulations, bureaucracy and profiteering. Through veiled promises, complex contracts and inadequate processes, many large players in the healthcare field take advantage of others. We have significant experience in investigating, strategizing, litigating and enforcing many of those rights. Victories include:
- A confidential settlement for an imaging company who was improperly refused payments from an insurance carrier.
- A confidential settlement for a multi-disciplinary practice that was refused reimbursements.
- A confidential settlement for a group of healthcare providers who were routinely underpaid by a managed care organization.
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