Immediate investigation is essential to all personal injury cases, whether automobile accident, products liability, construction accident, medical or other malpractice. Interviewing and obtaining statements from witnesses, photographing, documenting, and inspecting may not be as effective as time passes. Similar efforts to prove damages are also important. Experienced and careful attention to how a case is to be presented at trial is of critical importance. Careful preparation from the time of injury to the conclusion of a case through trial or settlement is of critical importance.
Everyone has a duty to keep their premises reasonably safe, including businesses and work environments. There are basic standards of safety and regulations to protect the community, which cannot be violated. Many of these cases have involved industrial environments and one of our most successful results came in this ﬁeld, but we have successfully sued insurance companies that have failed to meet their obligations to cover homeowners.
Although we have always been a small ﬁrm, The Kustell Law Group, LLP has successfully tried and/or settled dozens of serious auto accident cases. Auto cases usually involve a driver failing to keep a proper lookout, speeding, failing to brake in a timely manner, and/or driving while unﬁt to drive. Of course, driving while distracted by texting or cell phone conversation has also become common. In rare cases, there can be an issue of maintenance or a defect in one of the vehicles itself. There is usually a police report, including a record of witnesses and accident photos, which provide the starting point for our investigation after the initial client meeting.
The Kustell Law Group, LLP has successfully tried and resolved cases on defective products as diverse as farm equipment, factory machines and automobiles. One of the most important aspects of these cases is a thorough investigation and examination by a top expert (often an engineer) who can determine whether a given product meets industry and government standards for safety.
Wrongful death cases involve terrible tragedy by deﬁnition. While the legal system cannot restore all that has been lost and will not adequately ease emotional pain, it can provide a measure of justice and restore some of the ﬁnancial security that such a loss entails.
Health care providers have the discretion to be wrong, but not violate standards of medical practice to the detriment of patients. We have successfully handled aortic aneurysm, ectopic pregnancy and other serious undiagnosed medical conditions. We use top medical experts and health care providers to carefully investigate these cases at the earliest possible stage in order to be sure that it isn’t only that a health care provider was wrong, but that that provider did not do what was required to protect the patient.
Negligence is a broad term that basically means an unreasonable breach of duty to someone that causes signiﬁcant damage to that person. We have a common law system as opposed to code-based legal system. As such, our laws do not seek to anticipate every scenario, but in some cases lay out principles for juries to apply to protect the community. In addition to ensuring justice by restoring that which has been lost, protecting the community is the reason negligence law exists.
Why should you contact us?
Carl B. Kustell has been certified as a life member of both the Million Dollar Advocacy Forum and the Multi-Million Dollar Advocacy Forum. He has also been named as one of the top 100 Trial Lawyers in New York State, and has been elected to Super Lawyers in New York State. He has the highest rating as to both legal ability and ethical standards given by the Martindale Hubbell Peer Review ratings.