Personal Injury
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we are dedicated to pursuing justice for people and the families of people who have been seriously injured through the fault of others. While we do not engage in the type of advertising commonly seen on billboards and television, we feel it necessary to state that we have obtained substantial awards and settlements, some in seven figures, for wrongfully injured people and their families.
We have represented individuals in a broad variety of cases, often against large corporate defendants and their insurers who refused to take responsibility for their actions. Our firm has litigated complex international and national trucking cases, one of which involved illegally operated tractor trailers. We have represented rape victims, the families of victims of negligently undetected ectopic pregnancies and aneurysms, and people injured by SUV rollovers. We have also successfully litigated basic motor vehicle accident cases, product liability cases involving unguarded machinery, and construction accidents involving defective equipment.
However, more significant than the variety of cases we have undertaken, is the manner in which we practice law. Every case begins with a comprehensive and complete investigation as soon as possible. Although most cases settle, every case is investigated and prepared under the assumption that it will be tried. Extensive preparation from the beginning puts each client in the strongest negotiating position and produces the best results at trial.
Family Law / Matrimonial Law
Divorce is a life altering event with great emotional and financial consequences. People experiencing marital difficulties with the potential to lead to separation or divorce are in need of experienced, qualified counsel, with the ability to prepare, negotiate, and skillfully present their case to a court if it cannot be settled.
A team approach is essential to a matrimonial client so the client can make informed decisions about issues that will have great personal and financial effects on his or her life, as well as the lives of any children involved. A fair settlement is dependant upon the ability of counsel to predict within reasonable limits how his or her case would be decided by a court. Having experienced counsel is essential.
We have represented people in matrimonial actions for decades. We have handled family law actions of people from all income groups and walks of life. We have handled both national and international custody cases. We have argued cases at the appellate level, which resulted in new law that recognized the contributions of people who worked exclusively in the home. We have successfully argued some of the leading cases in the field.
This experience is invaluable in minimizing the potential for future problems, which may be unseen or unknown to the client. Typical factors in most matrimonial cases, which must be addressed by settlement include the likely amount and duration of maintenance, child support, custody, visitation, the equitable distribution of property and debts, and which property is separate property not subject to equitable distribution. How life insurance, medical insurance, and uninsured medical expenses will be handled must be considered. Whether circumstances will change, what happens if one becomes disabled or unemployed, and how pensions are to be treated are crucial issues. Understanding how property is evaluated and what the tax consequences may be of various forms of payments and distributions is also very important. Under what circumstances an agreement may be changed is yet another key factor.
Carl B. Kustell has long been certified by the American Academy of Matrimonial Lawyers and has lectured on matrimonial topics for the Academy, the New York State Bar Association, and the Erie County Bar Association. He is the former chairman of the Recent Decisions Subcommittee of the Erie County Family Law Committee, and has published in the field of matrimonial law.
Ultimately, excellent and ethical representation benefits not only the client with matrimonial problems, but the children and the family involved. We get satisfaction from knowing that we can help guide our clients and their families through this difficult transition.
Wills
Everyone needs and should have a Will, a Durable Power of Attorney, and a Health Care Proxy. Depending upon financial circumstances and one’s state of life, there may be a need for more than this. We have provided these services since the founding of our firm. Where necessary, we work with and are happy to help clients utilize highly specialized experts.
Real Estate
Routine real estate transactions are best handled by a legal assistant working under the supervision of a knowledgeable attorney. This approach is very cost effective and efficient. Jean H. Doane is the legal assistant in our office who has worked with our attorneys in representing clients in thousands of real estate transactions since 1982. She works closely with our clients, their real estate brokers, banks, and title insurance companies in closing these transactions.
Estates
When a loved one passes, it is sometimes necessary to probate a will. We provide legal services to executors and estate administrators with regard to probate and estate administration. We strive to assist family executors and administrators in going through the process in a timely, dignified fashion in full compliance with the law.
Business
We have represented businesses in various forms of litigation, including matters involving contracts, injunctions, unfair competition, and other matters. We have handled routine purchases and sale of business transactions, and we have often placed our clients in contact with experts in particular business fields.
