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Areas of Practice

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Commercial & Business Litigation: Whether you are a small closely held business or a large corporation, you have probably already realized the myriad of legal issues which arise in day to day operations. We at Lindley, Powell & Rumph, P.A., represent businesses in a vast number of areas including strategic corporate formation, labor law disputes, corporate collections and general business litigation. By offering comprehensive representation, we are able to effectively and efficiently handle most any issue faced by businesses in today’s complex corporate environment. [back to top]

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Long Term Disability (LTD) Insurance Litigation: Hard working people from doctors to industry employees to self-employed individuals unfortunately too often find themselves in the fight of their life when trying to qualify for disability benefits under a long term disability insurance policy bought and paid for to provide for the unforeseen disability you now face. Governing most policies, ERISA (Employee Retirement Income Security Act), passed in 1974, was supposed to protect employees, but insurance companies have successfully exploited this legislation, writing LTD contracts full of loop-holes to deny, delay, or offset benefits at the exact time you were most counting on this income to meet financial needs. Most policy procedures require the disabled employee to successfully navigate their complex “administrative process” before initiating litigation. What the insurance company will not tell you is that during this administrative process, they are solidifying their case against you. Obtaining qualified legal assistance at the earliest point possible is critical to maximizing the likelihood of success. In many cases, waiting until after being denied at the end of the “administrative process” is too late. [back to top]

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Medical Malpractice: Patients undergo medical treatment to improve their condition, but in medical malpractice, when a physician, hospital or other health-care provider breaches the standard of care owed to the patient and fails to properly treat a medical condition due to a negligent act or omission or series thereof, malpractice is committed. Malpractice is not committed just because the desired outcome was not obtained, but may occur in possibly countless ways including (but not limited to), the delay or failure to diagnose a disease or medical condition, the failure to obtain patient’s informed consent, a surgical or anesthesia related mishap, or even the misuse of prescription drugs. Early and careful review by lawyers and doctors trained to recognize possible malpractice is vital to preserving critical evidence necessary in establishing a valid claim which will withstand the difficult road to justice and adequate compensation. [back to top]

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Nursing Home Litigation: With Americans living longer lives, this specialized area of personal injury/civil tort claims is one unfortunately facing many families. All too often, family members have had to make the difficult decision of placing a loved one in a nursing home, trusting nursing home staff with their proper care and protection, only to later suspect or discover, the trust has been violated, and your loved one has been the victim of neglect or abuse caused by the very ones entrusted with their care. Bed sores, falls, malnutrition or dehydration, physical abuse, sexual assault frequently appear at the top of the list of those suspecting or observing such neglect. Should this be a concern of yours, we encourage you to speak with one of our attorneys today. [back to top]

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Personal Injury: Representing injured victims due to the negligence or malpractice of others remains one of Lindley, Powell & Rumph, P.A.’s strongest focuses. Whether one is the subject of another’s intentionally inflicted physical injury or rather the result of someone else’s dereliction of duties, injuries and pain can have devastating and sometimes life-long effects on an innocent victim as well as his or her family. We at Lindley, Powell & Rumph, P.A. have over sixty combined years of tested litigation experience and are equipped to address the legal impact of these needs, to assist our clients in preparing for what is often the difficult road of recovery laying before them, and to ensure the financial resources are available and implemented to provide the special medical needs of the victim and the family’s well-being. Personal injury law can take the form of automobile wrecks, tractor-trailer accidents, premises liability, medical malpractice, toxic tort, and products liability to name just a few. Call us for a free consultation regarding how we can provide effective solutions at a critical time in your life. [back to top]

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Premises Liability: A very concentrated area within personal injury law. One misstep on a slippery floor or broken step can land an unassuming victim in a wheelchair, while a stumble over a manhole cover can cause anything from a broken leg to a permanent spinal cord injury. Everyone agrees that these and similar slip and fall accidents are perilous. To complicate matters, often critical evidence is destroyed or lost if not aggressively sought out soon after the accident. We, at Lindley, Powell & Rumph, P.A. recognize the myriad of unique issues presented within premises liability actions. Each case is unique and must be carefully managed from the earliest opportunity to ensure the innocent victim the greatest likelihood of being compensated in the end. [back to top]

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Products Liability: At Lindley, Powell & Rumph, P.A., we have extensive experience in handling products liability cases and litigation. Examples of cases we have successfully resolved range from injuries incurred due to a defective tire on an SUV to a faulty tire bracket on a children’s bicycle. Manufacturers have a responsibility to consumers to ensure that the products they sell are neither defective nor inherently dangerous. Manufacturers must make sure that their products are designed and made safely, that their quality control systems prevent defective products from entering the market, and that adequate directions and warning labels are available to protect consumers. If you or a loved one has been injured by a dangerous or defective product, please contact our office today for a free consultation. [back to top]

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Toxic Tort Litigation: Toxic tort litigation can refer to individual claims or more complex class action lawsuits, but generally speaking, toxic tort cases will be filed on behalf of individuals suffering adverse affects on their health. Investigations of individual cases can sometimes lead to the discovery of corporate mishandling of waste and/or emissions, which can have disastrous effects on area soil, air, or water. Toxic tort litigation can also involve products that contain or spread toxins, such as fertilizers or pesticides like dioxin or DDT, pharmaceuticals like Vioxx, and residential or industrial hazards like asbestos, lead based paint, and substances containing arsenic, mercury or other heavy metals. Persons exposed to toxic chemical often do not recognize the danger they are being subjected to, sometimes until years later when injuries are irreversible and medical care becomes overwhelming. Having zealous attorneys ensuring the client is protected and a team who is sympathetic to the complex and lifelong medical needs of the victim is why our clients are glad they are among our family. [back to top]

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Social Security Disability: For all individuals applying for disability benefits under Title II (SSDI), and for adults applying under Title XVI (SSI), the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. Social Security will look at your age, education, training and work experience when they decide whether you can work in other occupations. With well over half of all applications being denied even through the request for reconsideration level, having a well-trained legal advisor building your case from the outset is essential to ensuring your file accurately and thoroughly reflects your disabilities thus enabling SSA to make a finding of disabled and commencing benefits. Should you be unable to work due to a diagnosed medical disability, call us to discuss your options with social security. [back to top]

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Workers’ Compensation: For people injured on the job, this is an exclusive remedy. An injured employee is limited to income benefits and medical treatment for injuries arising out of and in the course of his/her employment. While the remedy is limited as to elements, this statutory system does hold the employer strictly liable for most work-connected injuries, meaning, the employee does not have to prove fault contrary to other civil torts. In other words, even if the employee is at fault, under most circumstances, recovery may still be obtained under this system. However, while recovery may appear simple, ensuring your employer renders appropriate medical treatment and provides income benefits commensurate with your disability is often a perilous task for the unrepresented. We are equipped and well trained to ensure employee receive all compensation they are entitled to receive and have attorneys and staff to guide you during your road to recovery. Our cases range to those out of work for just a few short weeks, to the sometimes difficult to diagnose repetitive stress injuries, to industrial accidents and those struggling with catastrophic injuries requiring lifetime benefits and medical treatment. Whether your injury requires basic oversight and medical treatment, careful diagnosis, or complex rehab suppliers, we are prepared and well-equipped to assist you during this difficult time. [back to top]

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Wrongful Death: Wrongful Death refers to the specialized subset of a personal injury/civil tort action resulting in the death of the victim due to the negligence or malpractice of another. At Lindley, Powell & Rumph, P.A., we are keenly aware not only of the legal issues presented in this tragic situation, but also of the difficult circumstances facing the family in the wake of this catastrophe. Families unsure of whether a loved-one has been victimized by another’s negligence should discuss this with one of our lawyers to determine if critical evidence needs to be preserved immediately following the death in anticipation of possible litigation later on and to explore possibilities of protecting the decedent’s assets in order provide a source of much needed income to the family members and loved ones left behind. [back to top]