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Personal Injury Practices

 We have had extensive experience and success representing clients in the areas of personal injury listed below. Initial consultations are free, regardless of the nature of your case or claim. Since we take these cases a contingency basis, we do not charge for attorney’s fees until your case is settled.

Accidents

 We have represented clients in cases that include, but are not limited to:

  • - Alcohol–related accidents

  •  - Automobile Accidents – for example, rear-end collisions; hit-and-run

  •  - Uninsured and underinsured driver negligence

  • - Motorcycle accidents

  • - Truck accidents

  • - Vehicle defects – accidents caused by such things as tire, brake, airbag or seat belt failures

  • - Vehicle rollover

  • - Wrongful death

After experiencing an accident, an insurance company often will try to have victims or their families agree to a settlement before they are able to consult with an experienced personal injury attorney.

 If you are involved in accident, you can contact Cubit and Cubit to arrange a free initial consultation. We have extensive experience in dealing with insurance companies, and can keep them from pressuring you into a rushed decision or settlement that is less than you deserve. 

Dog Bites

The Center for Disease Control and Prevention (CDC) has reported that more than 4.7 million people fall victim to dog bites and/or attacks each year.  Of these incidents, about 800,000 people require medical attention.

 If you are the victim of a dog bit, you may be eligible to receive compensation for damages such as:

  • - Current and future medical bills

  • - Physical and mental pain and suffering

  • - Disfigurement

  • - Lost wages

  • - Permanent disability

To fully recover these damages, it is wise to consult and an attorney who is knowledgeable in this area of personal injury. Because of our familiarity in this legal practice area, Cubit and Cubit can help accurately calculate the full extent of damages that you are entitled to, and can assist in quickly and succesfully recovering those damages. 

Medical Negligence

A patient has the legal right to receive a minimal standard of care from the doctors and medical professionals that serve him or her. When they fail to receive this, there may be grounds for a medical negligence case.

If you or a family member feels that this has occurred, we encourage you to contact us immediately. This is because these cases are complex and require expertise in investigating and obtaining evidence, establishing liability, and providing expert testimony in order to successfully prove your case.

Failure to act quickly can prevent you from having a legitimate case due to statue of limitation laws.

Cubit and Cubit can assist you in medical negligence cases involving the following:

  • - Permanent damages from surgical errors (infection, death, paralysis, brain damage)

  • - Failure to diagnose serious or terminal illnesses or ailments 

  • - Birth injuries or defects due to improper birth deliveries

  • - Failure to diagnose time-sensitive illnesses (such heart attacks) in a timely manner

  • - Improper administration of medications

Product Liability

Product liability can involve unsafe or defective products, failure to honor product or service warranties, and false advertising or marketing claims. If you have been the victim of these, then you may be entitled to compensation from the company and/or person(s) who designed, manufactured, sold, or provided that product. Typically, this involves one or more of the following:

 – Negligence: occurs when harm has resulted from the manufacturer’s failure to exercise reasonable care in the production, design, or assembly of the product. 

 – Breach of Warranty: occurs if the seller does not fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product. 

 – Misrepresentation: refers to the advertising and sales promotion of a product in a way that give consumers a false sense of security about the safety of a product, primarily by concealing the hazards from its use.

Premises Liability

Businesses, retailers, schools, sports arenas, entertainment venues, and property owners have a responsibility to maintain safe premises. If the owner or possessor of the property knew of a dangerous condition, and that dangerous condition creates an unreasonable risk, then the owner or management of that property can be held responsible.

In addition, to the proper maintenance of their premises, they can also be held responsible for physical harm resulting from a failure to provide proper security.

Premises liability cases can include such things as: 

  • - Crumbling cement stairs

  • - Defective fire alarms

  • - Exposed electrical wiring

  • - Falling debris

  • - Failure to provide adequate personal security in and around the premises

  • - Slips and falls 

  • - Unsafe construction zones

Recovering damages for a premises liability case can be challenging. Most business and property owners are represented by attorneys and aggressive insurance companies who are committed to preventing you from recovering a just settlement. If you suffer an injury due to negligence, hazards or disrepairs resulting from improper maintenance, Cubit and Cubit has the experience, resources and tenacity needed to help you recover the compensation you deserve.

Worker’s Compensation Claims

Worker's Compensation ("Worker's Comp") laws are intended to protect injured workers. They are aimed at making sure that injured workers receive proper medical care, lost wages relating to their on-the-job injury, and, if necessary, retraining and rehabilitation. If a worker is killed on the job, his or her family is usually eligible for benefits.

When should call Cubit and Cubit about a Worker’s Comp claim?

  • - If you are denied benefits to which you believe you are entitled

  • - If your employer demands that you return to work before you are physically and/or medically able

  • - If you do not receive extended or permanent disability, despite a disabling injury

  • - If your employer’s doctor claims that you are able to return to work before you feel that you are able

  • - If you are pressured into accepting a job specially created to accommodate your injury

Cubit and Cubit will advise you of your rights and protect you from doctors who have the interests of the employer ahead of yours. We can also prevent employers and doctors from denying you proper treatment, cutting off your benefits, or sending you back to work too early. 

We understand the Worker’s Comp legal process, know the administrative judges and hearing officers, and we are familiar with many of the doctors and defense lawyers who employers use to block Worker’s Comp claims. As a result, we can help you obtain the benefits that you deserve or to get the best possible settlement to your claim.

Wrongful Deaths

Wrongful death cases can be filed based on:

  • - Negligence (defendant had a responsibility to prevent the causes that led to the death, yet failed to do so)

  • - Intentional actions 

  • - Strict liability (the defendant provided a defective product that failed to meet safety standards)

 

 There are many situations that constitute wrongful death cases. These include but are not limited to:

  • - Accidents (car, motorcycle, maritime, boating, aviation)

  • - Defective or unsafe products

  • - Defective drugs

  • - Dog bite injury

  • - Exposure to toxic or carcinogenic materials

  • - Medical malpractice

  • - Nursing home abuse

  • - Premise injury

  • - Product injury

  • - Slip and fall injury

  • - Work-related injury

Immediate family members such as the parents, spouses and children of the deceased, can file the wrongful death lawsuits on behalf of their loved ones. Minors may need an adult guardian to pursue take a wrongful death lawsuit. Moreover, other family members including stepparents, grandparents and dependents may also be permitted to file suit in some states.

In wrongful death cases, the plaintiff may receive compensations for: 

  • - Funeral expenses

  • - Loss of income

  • - Loss of benefits

  • - Loss of future earnings potential

  • - Loss of support or companionship

  • - Medical expenses

  • - Psychological pain, suffering and mental anguish

  • - Punitive damages (only if evidence of malicious intent exists) 

State laws allot a certain amount of time for family members to file a wrongful death lawsuit (usually from one to three years from the time of death). Failure to do may result in their claims being denied. 

If you believe that you have a valid wrongful death claim, we have the resources to gather evidence, we understand the applicable laws and paperwork, and we have the experience to build a compelling case on your behalf. And we will always do our best to help lessen the pain, stress and suffering you have experienced due to the unfortunate death of a loved one.