PRACTICE AREAS

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation torts.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestos and mesothelioma , chest diseases (like emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpractice cases.

If you have been involved in an accident or as though you have a case against someone for you incuring some sort of personal injury, please don't hesitate to contact us. We are here to answer your questions, explain your rights and help you pursue justice.

Automobile Accidents are the leading cause of death for Americans under the age of 35. According to statistics released by the United States Department of Transportation, there were approximately 6.3 million auto accidents in the United States in 2004, with these accident causing approximately 2.9 million injuries and 43,000 deaths. Auto accidents have been steadily rising since the 1990s, partially as a result of increased sales of sport-utility vehicles, and partially due to the increase in overall vehicles on the road.

This trend increases your chances of being in an accident, and if you are involved in an automobile accident, you need to move quickly to protect your legal rights. Remember, some of your injuries may not be apparent at first or may grow worse with time. Each auto accident case at Joynes & Gaidies is handled by an experienced personal injury attorney.

Use care when choosing an attorney. Too often, the focus of inexperienced attorneys in automotive accident cases is solely on the cause of the collision, fault between the parties, and insurance bad faith. Experienced trial attorneys, however, also focus their efforts on "second collision" claims. These claims address automobile safety and stability features that fail to provide a vehicle occupant reasonable protection from injury, regardless of the cause of the crash. In catastrophic injury cases, where the injured victim needs extensive medical care, this experience may mean the difference between life and death.

At Joynes & Gaidies we use tested methodology to reconstruct the accident, seek out evidence that others miss, and find proof in evidence that means nothing to attorneys without forensic experience.

Through our experience we have built a strong track record of helping victims in their pursuit of justice and have obtained some of the largest client settlements in the country for catastrophic vehicle accident injuries.

To aid you in the event that you are involved in an auto collision, we have created an Auto Accident Checklist for you to print and keep with you in your glove box. Click here to download.

Product Liability or cases involving dangerous, harmful and defective products should be taken seriously because harmful products kill and injure countless consumers every day. These products start fires, release poisons and contaminate our food and water. Defective helmets, child seats and automobiles fail just when they're needed most. Each year thousands of products must be recalled. When a defective product causes injuries or death, the manufacturer must be held accountable. Many consumer products have been sold even though they were unsafe, dangerous or defective, including cars and other motor vehicles, drugs, pharmaceuticals and popular children's toys.

It's important for consumers to understand that government regulations on product safety often lack teeth, and alone do not protect the victims or consumers-at-large. The only recourse for victims is to sue for damages. Often, manufacturers will continue to sell defective products until lawsuits force them to fix the defect.

Along with our determination and experience Joynes & Gaidies has the financial resources and experience to fight large corporations. We have stood up to these corporations and have a track record of success.

Professional Malpractice is the failure of medical professionals (including doctors, nurses and hospitals) to provide acceptable treatments to patients. It is the third leading cause of death in America, killing 100,000 people every year.

Some leading causes of medical malpractice include inadequate training, excessive work hours, substance abuse and errors in judgment by hospitals and medical professionals.

Patients have the right to expect safe and adequate care when seeking medical treatment, and while most doctors and hospitals never commit malpractice, others make an astonishing number of medical mistakes. Five percent of doctors and hospital staff account for more than 50 percent of the medical malpractice claims.

If you suspect that you were a victim of medical negligence, contact us. These cases require significant resources and special expertise. You need to move quickly to protect your legal rights and to ensure that your claim is within the statute of limitations.

Wrongful Death is any death resulting from misconduct by another person or company. Wrongful death can be the result of auto, plane or boat accidents, work-related accidents, medical errors, product malfunctions, prescription drug reactions, and other negligent acts.

Many times families don't realize that wrongful conduct caused a death because the person that died can't tell the story. For example, if a person is ejected from a vehicle during an automobile collision, the police report may show the victim as being unrestrained, causing the family to wonder why a loved one who always wore a seatbelt didn't wear it the one time it was really needed. In reality, seatbelts sometimes unlatch, and only a trained expert will be able to determine if the seatbelt was worn in that particular collision. Wrongful deaths often go undiscovered unless there is a thorough investigation of underlying facts. Wrongful conduct may not be obvious and may never be discovered unless a highly specialized attorney investigates.

Joynes & Gaidies has the legal and financial resources, and the experience, to successfully help victims seek justice. We have been representing the families of wrongful death victims for over 25 years and we have achieved some of the most impressive victories in the country against insurance companies and corporate giants who routinely put profit before public safety.

If you suspect that wrongful conduct may be to blame for the death of a family member, you need to move quickly to protect your legal rights, preserve the evidence and seek justice.

Toxic tort cases result when people are usually unknowingly exposed to unsafe chemicals or materials that cause injury, illness or death. Toxic chemicals or materials that unknowingly cause injury, illness or death may be in the area where someone lives or works. The toxins may be in the water, the air, the soil, or in the buidling or house itself. Because the injury, illness, or death may occur long after exposure to the toxic chemicals, it is not always immediately known that a toxic chemical was the cause. However, most often, in toxic tort cases, there are several others who have/had the same injury or illness.

Numerous recent toxic chemical cases include Diacytyl (popcorn lung disease), Avandia, Accutane, Byetta, Duragesic pain patch, Foasmax, Gadolinium, Ortho Evra, Paxil, Prempro, Renu, Raptiva, Stevens-Johnson syndrome, Trasylol and Manganese poisoning.

Determining the responsible parties in a toxic tort case can be difficult as the toxins may have been present for years and even decades before they are discovered. Several parties might be responsible throughout that time. That is why it is important to have a free consultation with our firm immediately after an abnormal illness, injury, or death occurs, especially if the injury, illness or cause of death is the same as others in the same house, same workplace, or same neighborhood. Our law firm will start investigating toxic tort cases immediately. As always, the initial consultation for toxic tort cases is free, so you have nothing to lose in contacting us and everything to gain.

Federal and state workers' compensation (sometimes called workers comp, workman's comp or workmen's compensation) laws were created to ensure that employees who are injured on-the-job are provided with fixed monetary awards. This eliminates the need for litigation and creates an easier process for the employee. It also helps control the financial risks for employers since many states limit the amount an injured employee can recover from an employer. Specifically, workers' compensation is insurance that the employer is required by law to carry in case an employee is injured on-the-job, becomes ill due to circumstances surrounding their job, becomes temporarily or permanently disabled, or even if death results from their job. All employers who have 4 or more part-time or full-time employees must provide workers' compensation insurance. It is the law in all 50 states.

Although workers' compensation laws vary by state, covered medical care generally includes medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care, and prescribed medications. You may also be eligible for additional monetary compensation if you are temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or become permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury.

Never assume that an employer or their insurance company cares about your injury or that you will receive fair compensation for it. The playing field is NOT level. Employers and their insurance companies have many attorneys who know the workers' compensation system available to them and will work against you. Level the playing field by securing the qualified legal counsel of an experienced workers compensation attorney's at Joynes & Gaidies today. They will fight for your legal rights and help you get the medical care and compensation you deserve.

Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation.

Most cases are filed under the three main chapters of the Bankruptcy Codes Chapter 7, Chapter 11, and Chapter 13. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court.

At Joynes & Gaidies we are dedicated to consumer protection and vigorously defending the rights of our clients. We offer high-caliber legal representation with a practice that is designed to cater to your individual needs.

Our office specializes in: bankruptcy filings, negotiating a settlement of your debts, assisting you in the defense of collection litigation and defending you against foreclosure.