Our firm is dedicated to the representation of businesses, individuals and their families.
Please click on one of the subjects to the left to learn more about our practice.
Every client and every case is important to us. We welcome questions and feedback from our clients and strive for your complete satisfaction.
Personal Injury and Wrongful DeathWe are dedicated to the representation of injured individuals, including catastrophically injured individuals, and their families. A catastrophic injury is usually defined as one involving brain damage, neck or spinal cord damage, amputations or severe burns.
Click here for more information on the types of injuries our cases have involved.
A personal injury case can be based on injuries caused by a wide variety of accidents, including:
Motor Vehicle Accidents
Medical Malpractice
Premises Liability
Construction Accidents
Dangerous or Defective Products
Toxic Torts
Snowmobile and ATV Accidents
Skiing Accidents
We have represented clients in a vast variety of personal injury and wrongful death actions with causes ranging from sledding to carbon monoxide poisoning. Victims of personal injury are entitled to financial compensation for their medical and property expenses, lost wages, incidental costs caused by the accident, and may be entitled to additional damages to cover future expenses, pain and suffering, and other issues. "Wrongful Death" is a legal term that refers to situations when a person dies due to the negligence or other wrongful conduct of another. Wrongful Death cases result from a variety of causes, including car accidents and medical malpractice. The goal of our firm is to help our clients through the tough times and see that they get paid for what they have suffered. We also work to help get them the best medical care.
Beware that there is a time limit in which a suit must be brought. Be sure to seek timely legal advice.
- top - Automobile AccidentsVictims of car accidents are entitled to compensation for property damage (car and motorcycle repairs), medical bills, lost wages, pain and suffering and permanent injury or disfigurement. Adjusters and insurers often treat individuals not represented by an attorney differently than victims who have an attorney.
While car accidents comprise a significant portion of personal injury and wrongful death claims, it would be wrong to think that they are always simple to resolve. We understand not just the "rules of the road" and the special duties imposed on commercial and public carriers, but also the complex scientific and engineering principles often necessary to unravel just how an accident occurred on the roadways of Vermont and who, if anyone was at fault. We understand the medicine needed to evaluate what complaints were caused by an accident, as well as the economic and accounting principles needed to evaluate losses. We handle accident cases involving:
Even after deducting attorney fees, the net recovery for an individual who is represented by an attorney should be greater than an individual who tries to handle it alone. A lawyer can handle everything, saving you the aggravation of dealing with impersonal, uncooperative and aggressive insurance adjusters. There are other hidden dangers in handling your own claim. You may not even be aware of additional levels of insurance coverage, coordination of benefits and subrogation issues that allow you to keep more of your settlement.
- top - Medical MalpracticeA medical malpractice case involves injuries arising from the care or treatment rendered by a medical provider. Medical providers include physicians, nurses, hospitals, psychologists, x-ray technicians and a variety of other medical professionals. There are many different kinds of medical malpractice, but some examples are: birth injuries, dispensing the wrong medicine or the wrong dose of medicine; improper reading of x-rays; transfusion errors; the misdiagnosis of a life-threatening condition; surgery on the wrong limb; accidents during surgery; infections related to treatment; birth trauma; preventable suicide; restraint-related injuries; burns, falls and pressure ulcers. If you believe you've been the victim of a medical mistake, you should contact an attorney with experience in medical malpractice to evaluate and handle your case as quickly as possible. There are complicated and stringent statutes of limitations for medical malpractice cases that limit the amount of time an injured individual has to file a lawsuit.
Representative Medical Malpractice Cases
Birth Injuries
Medical care professionals handle appropriately most births and deliveries; medical negligence, however, can occur. Sometimes physicians, midwives or obstetrical nurses fail to diagnose or properly treat various conditions that arise during pregnancy. Negligent injuries during child birth may constitute medical malpractice. A protracted labor and delivery process, despite signs and symptoms or fetal distress, may result in birth injuries. If a necessary cesarean section delivery is delayed, the lack of oxygen reaching the child may result in injury or death. Deprivation of oxygen any time during the labor and/or delivery process may result in permanent serious injury.
Inappropriate medical treatment may result in the following injuries:
The emotional and financial cost to a victim of malpractice during childbirth can be catastrophic. There are complicated and stringent statutes of limitations for medical malpractice cases limit the amount of time an injured individual has to file a lawsuit.
- top - Family LawOur approach to family law is to make the process easier for your family and you. We believe it is in our clients' best interests to minimize conflict during divorce or custody cases. However, we also believe it is paramount to protect our clients' rights, and will act aggressively and proactively when necessary. Our experience in family law provides particular advantages to individuals and estates having extensive assets with significant value. We assist clients in all aspects of the law relating to the needs of today's families, including, but not limited to:
The following is a summary of Vermont Family Law:
VERMONT DIVORCE LAWS
Residency Requirements
To file for divorce in Vermont, either party must have been a resident of Vermont for at least 6 months before the divorce is filed. Additionally, either spouse must have been a resident for 1 year before the divorce is made final.
Where to File
The divorce may be filed for in any county where either or both of the spouses currently reside.
Grounds for Divorce
The grounds for divorce in Vermont are:
Almost all divorces filed are based on the first grounds listed above.
VERMONT ALIMONY LAWS
Either party may be awarded spousal maintenance on a rehabilitative (temporary) or permanent. Support will be awarded if the party seeking the award:
In determining the amount and duration of the award, the Court will consider the following:
VERMONT PROPERTY DIVISION LAWS
All property may be divided on an equitable basis, regardless of when it was acquired or how the title is held, including any gifts and inheritances. The factors to be considered are:
VERMONT CUSTODY LAWS
The Court will award parental rights and responsibilities based upon the best interests of the child, and upon a consideration of all relevant factors, including the following:
CHILD SUPPORT LAWS
The Court may order additional payments to support the child called "maintenance supplement" if there child has additional needs which are not met by the child support payment.
MODIFICATION OF EXISTING ORDERS
An existing order of the Family Court, whether issued after a hearing or stipulation of the parties, only can be modified if the party first proves that there is a real, substantial, unanticipated change of circumstances. For example, a child support order might be changed by the Court if the non-custodial parent is laid off from work. Or, an order for a specific visitation/contact schedule might be changed if one parent moves out of state.
- top - Construction LawOver the years, we have acquired an in-depth appreciation of the issues that typically arise in construction-related disputes and the facts and law material to their resolution from our years of experience representing residential and commercial owners, developers, contractors and sub-contractors. We handle construction litigation including arbitrations and mediations of all kinds from collection work to warranty and defective work claims.
We advise those in the construction industry on risk management issues and how to avoid claims and litigation. We recommend that contractors who encounter a situation or problem call us for advice to avoid litigation and not wait until a lawsuit begins. Our help is most useful when you consult us early. Often, problematic construction situations arise where our advice might help minimize problems and assist you to proactively address issues.
If you are considering hiring an architect or entering into a construction contract, you should get advice before you sign any agreement. There may be much you are missing.
Contractors should have written contracts, even if it is only an informal writing by and between the parties. Get the main terms down in writing so that there is no confusion later should a problem arise.
Representative Construction Law Cases:
Litigation and Trial
Our knowledge, experience and training in litigation and appeals are supported by our aggressive and proactive style. Court proceedings are governed by specialized rules of civil procedure and evidence, the application of which may be just as essential to a person's success as the applicable statute, regulation or precedent. We believe that, in most instances, a lawsuit should be commenced only after the parties have attempted to resolve their differences among themselves. A negotiated settlement is usually superior to a resolution imposed upon the parties by a judge or jury who, even in the best presented cases, cannot have as clear an appreciation of the issues as the parties. Furthermore, because it is governed by rules of evidence, procedure and court imposed deadlines, litigation can be a costly endeavor, both financially, in terms of money and time, and emotions. Make no mistake, however, when representation requires litigation or trial, we are experienced trial lawyers, who are not afraid to fight to protect our clients' rights.
We litigate a wide variety of issues; the following are some representative cases:
In the last decade, we have helped clients respond to market forces and assisted clients in taking advantage of alternative financing sources, dealing with overbuilt markets and complying with a complex body of local, state and national environmental laws.
We work with individual home owners, developers, owners, property managers, tenants, financial institutions and investors in all types of real estate transactions involving purchases, sales, assignments, leasing and/or litigations involving shopping centers, lumber mills, printing entities, photographic businesses, restaurants, bars, motels, inns, hotels, apartment buildings, subdivisions, malls, factories, manufacturing plants and operations, commercial complexes, multi-family houses, office buildings, retail shops, office and residential condominiums, houses, land, condominiums, automobile repair stores, automobile franchises, petroleum distributors, oil companies, state quarries, gas stations, mobile homes and modular homes. Among our clients are major corporations in development, leasing, and mortgaging of regional shopping centers.
Our Real Estate Practice also includes the following:
Real estate matters often call for knowledge and expertise in specialized and related areas of law. As a multi-disciplinary firm, we have the professional staff and resources to address a broad scope of questions.
- top - Wills and TrustsWe assist clients in the development and implementation of comprehensive lifetime estate plans that carefully balance personal and administrative concerns, including:
Although there are no laws that require the assistance of an attorney is estate planning, there are good reasons to hire an attorney with experience in estate planning. Here are a few:
A generic form will or trust probably has not taken into account the legal requirements of Vermont. It also will not take into account the individual wishes of the drafter. In the long run, a "do-it-yourself" will or trust may be more expensive than consulting a lawyer. For a trust to be effective it takes more than simple drafting: the assets must be transferred into it. Without proper legal assistance, all of the tax benefits of using a trust can be lost.
Ignoring the issue of estate planning will result in your estate being distributed by the probate court in the manner imposed by law. You will have no say in how your estate will be distributed or who the administrator will be. Although you may think that it will all pass to your spouse, depending on the size of the estate, your spouse may get less than you intended him or her to receive with the rest being held by a guardian for your children. If you want to direct the passing of your assets at death, name an executor, and keep taxes and expenses to a minimum, you need to look into estate planning with an experienced attorney.
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