Our attorneys have earned the respect of justices throughout the State of Ohio for their thorough presentation of complex legal issues in briefs and oral advocacy. All of our attorneys are knowledgeable of the requirements necessary for effective appellate review, and their work in the trial courts ensures that any reversible error is preserved for appeal if necessary. The hands on approach of our lawyers safeguards the integrity of the legal process and insures continuity from beginning to completion of the litigation process.
Auto accidents are common occurrences and may involve injuries and damages to vehicles and property. If claims arising out of a lawsuit are not resolved within the statute of limitations, a legal complaint may be filed in court alleging negligence and damages. Ohio law requires drivers of motor vehicles to have proof of financial responsibility. The current minimum requirements are $25,000 for bodily injury per person and $50,000 for each occurrence. Despite the State of Ohio requirements some drivers remain uninsured and others may be underinsured for the damages caused as a result of an accident which may lead to the pursuit of claims against an insurer for uninsured or underinsured motorists coverage. Our lawyers are experienced in the pursuit of claims for injured parties, as well as the defense of individuals who are alleged to have been negligent.
Our attorneys are knowledgeable and experienced in the aggressive defense of individuals, business owners and corporations against claims of personal injury and property damage claims. Based on years of combined experience, the lawyers of Fischer, Evans and Robbins have been involved in a wide range of defense matters, from industrial accidents to claims of product liability, from small claims actions to lawsuits in Federal Court. Our attorneys have the knowledge to properly evaluate risk and the experience to develop strategies for quick and efficient resolution. We recognize that our clients want predictability and honesty. The key to success in defending our clients is developing an early exit strategy and taking value driven action to achieve that objective.
Our attorneys work closely with general counsel for many companies, large and small, that find themselves in litigation. We have defended and pursued claims on behalf of companies that have been involved in litigation involving transactional disputes, breach of fiduciary duty, misappropriation, breach of non-competition claims, trademark and trade-dress infringement, recalls, mechanics liens, and product liability. We are prepared to work as part of your team to protect your business in case of litigation.
From residential construction and home repair to multimillion dollar commercial construction projects, our attorneys have defended contractors, builders and developers as well as pursued claims on behalf of owners, builders and developers. Understanding construction and having experience representing contractors in a wide range of trades provides invaluable experience in both defending and pursuing claims. Our attention to detail and dedication to understanding our clients’ projects, their work and their products sets our service apart from other firms.
The Ohio Consumer Sales Practices Act and Home Solicitation Sales Act were designed to protect consumers, but also have been used in litigation to recover what some may believe are windfalls for parties who have received quality services and products. Are you aware that a failure to provide a customer with written notice of their right to rescind a contract within three days can in some circumstances entitle a consumer to rescind the contract and demand a return of all money paid even if the contract was fully performed? Our attorneys have defended car dealers, contractors, and merchants with regard to complaints by consumers.
The Constitution of Ohio and the 1st Amendment of the U.S. Constitution protect the freedom of speech, but that right is not unrestrained. Knowingly false statements that are either written or verbal if published to a third party can cause damage to a person’s reputation and cause what is known as personal injury. Because of the importance in our country of protecting the right of people to speak freely, there are privileges afforded for some types of speech including the expression of opinions. To be actionable, a statement must be a false statement of fact and not merely the expression of one’s opinion. Statements regarding public figures also are afforded more protection. Claims of libel and slander often go hand in hand with claims of tortious interference with business or business relationships.
The lawyers at Fischer, Evans and Robbins aggressively represent clients throughout the country in disputes involving alleged discrimination and wrongful discharge in state and federal courts and at the EEOC and OCRC. We frequently are called upon to provide compliance counseling on issues regarding the ADA, FMLA, FLSA and related state and federal laws and regulations. We advise clients on termination decisions and reductions in force. We draft separation and severance agreements, non-compete/trade secret agreements, employee handbooks and personnel policies. We provide in house training on harassment, diversity and workplace safety. We conduct workplace audits, wage and hour audits, and represent clients at unemployment compensation hearings.
Our attorneys have successfully represented the interests of both corporations and individuals in matters involving complex environmental compliance issues. Our experience equips our firm with the tools necessary to successfully advocate on behalf of clients faced with complicated and highly technical issues regarding compliance with both state and federal environmental protection laws.
Insurance Coverage and Bad Faith:
The attorneys at Fischer, Evans & Robbins, Ltd. have extensive experience in representing the interests of both insurers and insureds in matters concerning questions of coverage and the duties of all parties involved in the claims handling process. Specialization in this area through certification from the Ohio State Bar Association demonstrates our firm’s expertise in providing high quality representation to members of the insurance community.
Our attorneys routinely represent the interests of insurers in both first-party and third-party claims. We have been called upon to provide legal counseling regarding issues of coverage arising out of all major products offered by the insurance industry including general liability, advertising injury, personal injury, automobile, uninsured motorist, excess/umbrella, homeowners, inland marine, employee benefits liability and others. Our attorneys have litigated critical issues regarding insurers’ rights and the permissible scope of coverage and exclusions to coverage.
To successfully pursue or defend a personal injury or bodily injury claim, an attorney must understand the nature of the injury, the impact of the injury on the individual, the reasonable and necessary treatment and the permanency of the injury. A claim for personal injury is not driven solely by an equation which is a multiple of the medical bills and lost income. Personal injury claims are personal and unique to each set of facts giving rise to the claim. Breadth of experience provides our attorneys with the ability to understand and evaluate all of the factors that support or refute claims for personal injury.
Property owners are not guarantors of the safety of individuals who may be injured while on their property. The duty owed and liability imposed for accidents depend upon the status of the individual as invitee, licensee or trespasser. The duty owed ranges from refraining from willful and wanton conduct to protecting and warning of latent defects on the property. All persons are required to take ordinary care to protect themselves from open and obvious dangers. The law recognizes that there may be attendant circumstances that prevent a person from seeing, perceiving and protecting against dangers which would otherwise be open and obvious.
Professional Liability and Errors and Omissions:
Professionals provide specialized skills and guidance to customers, but errors in judgment and oversights in what is required can lead to harm and damages. Although professionals may carry insurance coverage through a commercial general liability policy, the standard CGL may exclude damages caused by the rendering of professional services. You may have gaps in the coverage being provided and if you are a defendant in a lawsuit, may receive a reservation of rights indicating that you may have personal exposure. If you are a professional, prior to any claims being made, discuss with your insurance agent coverage for the professional services being provided. If you find yourself in litigation, our attorneys can protect your personal interests that may not be covered by insurance and can pursue the maximum coverage available.
Real Estate Litigation:
Our attorneys have been involved in numerous cases involving the rights of real property owners, including individual homeowners and landowners, as well as commercial entities. We have litigated matters involving property line disputes, easements, as well as trespass and nuisance claims.
Fischer, Evans & Robbins, Ltd. also has its own title company, FER Title Agency, Ltd., which is staffed by two licensed title agents. FER Title Agency, Ltd. is an authorized agent for Ohio Bar Title Insurance Company, the largest domestic title insurance company in the State of Ohio.
Timber litigation often involves parties beyond the owner and purchaser of timber. Timber sales may involve a broker, an assignment of timber rights, loggers, haulers, the mill or pulp or pallet company. Timber claims may include cutting beyond property lines, cutting in excess of a select cut, negligent cutting resulting in damage to the property and lack of clean up of tree tops, brush and routes of ingress and egress. Advocates for property owners continue to push for stricter laws and greater protection against improper timbering. The legislature has added teeth to the law by creating a right to recover treble damages for reckless conduct in cutting trees and shrubs. Our firm has been successful in limiting such claims for tremble damage, by challenging the timeliness of the claims and persuading several courts in the State that a claim for treble damages must be asserted within one year or it will be barred.
Like motorcycle accidents, tractor-trailer accidents have a high likelihood for significant injury and damages to those involved. Our attorneys have defended owners and operators on claims of wrongful death and severe disabling injury as a result of such accidents. The initial investigation of a tractor-trailer accident and the retention of appropriate experts can be critical to the evaluation of liability. Although many motorists do not like to share the road with truckers and trucking companies are often target defendants in litigation, our attorneys have not shied away from defending drivers against unreasonable demands by injured parties.
Trespass and nuisance are common claims in litigation involving property interests. If someone comes onto your property without invitation or right to be present and causes damages, you may have a claim for trespass. If you enter upon the property of another with apparent authority to do so, you may have a defense to a claim of trespass. We understand that people are protective of their families and property, and emotions can run high when involved in neighborly disputes over property. Our experience with these types of lawsuits has enabled us to better anticipate and diffuse the issues which may be driving the litigation. The resolution of trespass claims often involve out of the box thinking to develop the right solution for the parties involved.
We represent state-funded, self-insured and public employers before the Ohio Bureau of Workers’ Compensation (BWC), the Industrial Commission of Ohio (ICO) and all Ohio courts. We frequently represent clients before the Ohio Industrial Commission in hearings involving claim allowances, benefit entitlements, medical treatment and related issues. We also represent clients in Common Pleas Court Appeals and Mandamus Actions before the 10th District Court of Appeals. We have specific experience in asbestos and related respiratory claims. We handle premium rate disputes, BWC audits, Self-Insured Complaints, and Violation of Specific Safety Requirement claims (VSSR).
Workplace Safety Claims:
We represent clients and provide counseling on a myriad of work place safety claims. We conduct confidential and privileged accident investigations, accompany OSHA investigators during on-site inspections and provide a defense to OSHA citations. We vigorously defend employers in intentional tort lawsuits.