Edwards Brian and Kautz Areas of Practice

Personal Injury

Personal injury is an area of law designed to protect those harmed by the negligence, recklessness, malpractice, or inaction of others. Also called tort law , personal injury law encompasses a full range of legal claims, from wrongful death, auto accidents, and medical malpractice to dog bites , product liability, and work related accidents. Each victim can file a personal injury claim for physical injury, emotional injury, and, occasionally, for property damages. Further, in some cases - such as those involving medical malpractice or wrongful death - the family of the injured or deceased can file suit on behalf of its loved one.

Those who file personal injury claims may be eligible to receive damages, namely financial compensation for their loss of income, pain and suffering, emotional distress, permanent disability, and other resulting injuries. If you are considering filing a personal injury claim, Contact Edwards, Brian & Kautz today.

Car/Auto Accidents and Personal Injury

Car accidents are one of the most common sources of personal injury. Most are minor fender-benders, but a shocking number cause severe injury, permanent disability, and even death. With these traumas often come pain and suffering, emotional distress, lost wages, medical expenses, and property damage - all of which may constitute financial compensation. Sadly, though, many auto accident victims never receive the full amount of damages to which they are entitled to for their car accidents. The major reason is that, because they don't know the full worth of their claims, auto accident victims accept the first offers that insurance companies make - and it's no secret that these insurance companies try to get off cheap. That said, it is crucial to enlist the help of a qualified personal injury lawyer if you are to be fairly compensated. Contact an Attorney

Maritime Law/River Accidents

Admiralty and maritime laws were written to protect people who work on a ship, oil rig, or a sea-going vessel. If you've been injured while out to sea, you may have a case.

Injuries to people working on ships can be pursued in many ways. One of the most common is under the Jones Act, a law passed by congress to make work on the high seas safer and to compensate victims of injuries or deaths. Ships can be extremely dangerous places to work. The Jones Act provides an injured seaman a remedy under maritime law against their employers for injuries arising from negligent acts of the employer or fellow employees during the course of employment on a vessel out at sea. In order to win a case under the Jones Act, proof must be shown that an employer has acted or failed to act in a reasonable manner that would have prevented injury. Claims brought under the Jones Act can also raise claims that a vessel was unseaworthy. An employer may also be liable for failing to provide a seaman with adequate medical care.

Who Qualifies Under the Jones Act?

In order to qualify under the Jones Act, a person must be classified as a seamen. Seamen include people employed on freighters, crew boats, tankers, supply boats, barges, fishing boats, tugboats, towboats, and crew boats. Those who work on fixed platforms and longshoremen are not classified as seamen under the Jones Act and do not qualify for Jones Act protection. In addition:

• The vessel the seaman is on must have been in navigation at the time the injury occurred (out at sea - not at port)
• There must be a relatively permanent connection between the seaman and either a single vessel, or a group of vessels under the same ownership
• The injured seaman must have been aboard the vessel primarily to perform duties outlined under his employment and those duties must have contributed to a primary function of the vessel or the accomplishment of a mission

If you or a loved one has been injured or has died as a result of an injury while out at sea, such as a cruise ship injury, an experienced Jones Act attorney can help. In instanced where a seaman is killed, an attorney may potentially also seek damages under the Death on the High Seas Act. For additional information, Contact an Attorney

Social Security Claims

If you or your loved one cannot work full time due to an illness or injury, you may be entitled to Social Security benefits.

Many Social Security disability claims are denied once, twice or even three times before benefits are awarded.

The paperwork and deadlines can be confusing. Sometimes claimants give up on their claims after a denial or miss important deadlines and lose their chance to preserve their benefits. Contact an Attorney

Medical Malpractice

As patients, we trust that our doctors, nurses, surgeons, and pharmacists are ethical, properly trained, and trustworthy. However, despite their extensive experience, sometimes these medical professionals make mistakes because they use poor judgment, are overworked or under-assisted, are negligent or malicious, or are simply under-qualified. But whatever the reasons for these mistakes, they are always unacceptable - in fact, they are oftentimes punishable by law. This highly sensitive area of law, called medical malpractice (or medical negligence ), is a division of personal injury. If you believe you have been a victim of medical malpractice , read on to learn more and then contact a personal injury attorney in your area to find out how medical malpractice claims and cases are filed.

The Prevalence of Medical Malpractice

Medical malpractice is now considered between the fifth and eighth leading cause of death in the United States, according to the Henry J. Kaiser Family Foundation. Researchers report that roughly 5 to 10 percent of all patients admitted to hospitals this year will fall victim to medical negligence , whether in the form of a surgical mistake, wrong prescription, birth injury, or other type of error. Based on these hospitals' track records, this sounds about right: annually, up to 98,000 people die from preventable medical errors, 2 million patients contract infections in hospitals, and approximately 90,000 die from infections caused by inadequate sanitation methods (such as infrequent hand washing).

If you have been a victim of medical malpractice , you may be eligible to file a personal injury claim. One of our personal injury attorneys can help you build your case. Contact an Attorney

Product Liability Cases and Lawsuits

If you have been injured by a product - whether because it was defective or because it was inherently dangerous - you may be eligible for compensation from the manufacturer, retailer, wholesaler, distributor, or leaser. This obligation, called product liability, is a division of personal injury and is governed by product liability law.

It is important to note, however, that a product need not be defective to for its manufacturer to be found liable under product liability law. For example, if an infant is injured by a pin lodged in a jar of baby food, all corporations affiliated with the distribution of the product can be held responsible for any injuries incurred. However, the baby food, though it contains a dangerous item, is not technically defective; rather, it is unsafe to consumers. This holds true for all non- defective products, whether they are microwave ovens, car tires, heavy piece of machinery, or household cleaning products - as long as they were used in the manner intended. If a consumer uses a product inappropriately, he or she may not have a legitimate product liability claim on which to build a case. Contact an Attorney

Criminal - Federal

White Collar Crime
The phrase "white-collar crime" was coined in 1939 during a speech given by Edwin Sutherland to the American Sociological Society. Sutherland defined the term as "crime committed by a person of respectability and high social status in the course of his occupation." Although there has been some debate as to what qualifies as a white-collar crime, the term today generally encompasses a variety of nonviolent crimes usually committed in commercial situations for financial gain. Many white-collar crimes are especially difficult to prosecute because the perpetrators are sophisticated criminals who have attempted to conceal their activities through a series of complex transactions.

The most common white-collar offenses include: antitrust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering,embezzlement, economic espionage and trade secret theft. According to the federal bureau of investigation, white-collar crime is estimated to cost the United States more than $300 billion annually. Contact an Attorney

Criminal Law : What is it?

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. Contact an Attorney

Domestic Relations

Divorce :
Divorce is defined as the legal dissolution of a marriage. There are two types of divorce: absolute divorce and limited divorce. Issues associated with divorce include alimony, child custody, and child support. If you are looking for help with your divorce, choosing an experienced family lawyer is the first step.

Child Custody :
Ruling of a court that determines who should have physical and/or legal control of a minor under eighteen years old.

Child Support :
Child support is defined as a payment made from one parent to the other for support of their children after a divorce or separation. Child support payments are usually made from the parent who does not have custody of the children to the parent who does. When a married couple has children, the husband is automatically deemed the father and may be required to pay child support after divorce. In cases involving children out of wedlock, paternity must be established before child support can be imposed. Top of the Page

Workers' Compensation

Workers' Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce. Top of the Page