Areas of Practice
Appeals
Just as important as winning at trial is preserving that win on appeal. Our attorneys understand the importance of anticipating an appeal while a case is in the discovery and trial stage. We have experience in prosecuting and defending appeals in state and federal courts, including Texas, Oklahoma, the 5th , 9th and 10th Circuits, and the United States Supreme Court. Our appeals have dealt with issues that created favorable law for workers compensation carriers (coverage and subrogation) and reimbursement rights for ERISA health plans. Many trial attorneys are not experienced in appellate work; we also handle appeals from cases tried by other firms, offering a fresh perspective on the likelihood of success in either defending or prosecuting an appeal.
Business Law
KELLY, SMITH & SCHMIDT understands the issues that arise in business settings and appreciates the need to balance ongoing business relationships with dispute settlement. We encourage client involvement in developing the resolution strategy, and tailor our handling of cases to meet the specific requirements of each case. Our attorneys are experienced in resolving disputes involving vendors and distributors; breach of contract; regional, national and international shipping issues; non-compete clauses; workers compensation; wrongful termination; defense of non-subscriber employers; drafting and enforcing Employee Retirement Income Security Act plans; fraud and other business torts. Let our talent navigate your company through the storms facing businesses today.
Insurance Defense
KELLY, SMITH & SCHMIDT, P.C. is panel counsel and choice of counsel for many of the state and national insurers. In addition to providing coverage opinions, our attorneys have defended individuals and companies, including manufacturers, sellers, distributors, contractors, commercial auto, certified self-insured and insured employers, transportation companies, and other businesses, with claims across the spectrum from personal injury to business interruption to destruction of property from fire, water, and other causes. Representing both first-party and third-party claims, we use inventive legal strategies combined with business insight to meet clients’ needs. We understand the importance of developing a defense strategy up-front, preservation of evidence, timely reporting, and the importance of coordinating with both the insurer and the policyholder to timely resolve the claim for an appropriate amount, or take the case through trial, and if necessary, the appellate process.
Construction
From architectural design issues to poor workmanship to the selection of inferior materials, a claim for a construction defect requires a team approach between the carrier, the attorneys, and the experts. Our attorneys know how to coordinate with the key players at the loss site, how to communicate with everyone from a sub-contractor to a developer, and how to preserve crucial evidence. Attorneys at KELLY, SMITH & SCHMIDT are experienced in both defending claims against contractors as well as pursuing contractors, suppliers and manufacturers for property losses. We have experience in defective fire suppression systems; EIFS systems; elevator malfunctions; windstorm and hurricane damage; building code compliance; improper ventilation; mold and “sick building” syndrome; asbestos and other environmental/toxic exposures.
Subrogation
Subrogation is a method used to hold parties accountable for their actions, inactions, or products. The insurance industry relies on subrogation to recover for payments made to policyholders who sustained damages through no fault of their own. Society benefits as well; subrogation recognizes early trends in product defect cases, and calls attention to potential dangers that may affect people across the country. For example, the subrogation industry was the first to recognize: the unusually high failure rates for certain brands of tires that were causing serious and sometimes fatal motor vehicle accidents; failures of the cruise control mechanism in a certain model of car, causing fires; and identification of numerous consumer products leading to warnings or recalls issued by the Consumer Safety Products Commission. Our attorneys pursue subrogation for commercial and residential property losses, products liability, workers compensation, and health insurance. KELLY, SMITH & SCHMIDT, PC is active in the National Association of Subrogation Professionals (“NASP”), a non-profit trade association dedicated to the subrogation industry.
Fire Losses
Quick and effective site inspections after a fire loss are the key to successful representation for a catastrophic loss, whether the fire is due to a product defect, electrical malfunction, or other cause. Our attorneys have the knowledge, experience and expert contacts to respond when timing is critical immediately after a fire. We assist in identifying all potentially liable parties to provide notice and arrange for the scene inspection, balancing the need to mitigate damages with the urgency of locating and protecting the evidence. Our attorneys understand the science involved in the evidentiary testing phase where speaking the experts’ language assists in developing the strategy for the case. Due to the heavy involvement of experts and the associated costs, we develop the case with our clients with the goal of combining efficiency with results.
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