Tort Defense Lawyer
We Defend Businesses and Their Insurers in Tort Cases Nationwide
Tort claims present substantial risks for all types of businesses. From the moment a business opens its doors, it faces the risk that a customer, employee, contractor, or competitor will file a claim for liability. While businesses can buy liability insurance to mitigate this risk, this insurance doesn’t necessarily cover all scenarios; and, even when a business’s umbrella or commercial general liability (CGL) policy applies, it is still essential to execute a strategic defense in coordination with the business’s insurer.
At Oberheiden P.C., we represent businesses and their insurers in tort cases nationwide. We handle all types of tort claims, from personal injury and wrongful death claims to claims for tortious interference and strict liability. Our lawyers have extensive experience conducting investigations, managing discovery, negotiating settlements, and defending clients at trial, and we rely on this experience to protect our clients’ financial interests and goodwill as efficiently as possible.
Why Businesses and Insurers Choose Oberheiden P.C. for Tort Defense
We serve as tort defense counsel for businesses and insurers of all sizes in settlement negotiations, alternative dispute resolution (ADR) proceedings, and state and federal litigation. Here are just some of the reasons why business owners and executives trust the lawyers at Oberheiden P.C. to defend their companies:
- Nationwide Reach – We have represented businesses in litigation in 45+ states across the country. With our nationwide network of trial lawyers, we are able to provide efficient and cost-effective defense representation for tort claims throughout the United States.
- Experience and Results – We have represented companies in more than 2,000 litigation matters. Our experience speaks for itself, and we have worked with many of our defense clients for years.
- Broad–Based Business Litigation Practice – Tort defense is part of our broad-based business litigation practice. With significant experience defending businesses and their insurers against all types of claims, we are able to provide insightful advice and strategic representation regardless of our clients’ litigation needs.
- Senior Attorneys – Unlike other firms, we do not employ junior attorneys or paralegals. All of our attorneys have senior-level experience, and you will work directly with your company’s attorneys when formulating litigation strategies and making decisions about pursuing settlement or going to trial.
- Comprehensive Approach to Tort Litigation – Our defense team also includes former Special Agents with the FBI and other federal agencies. As a result, we are able to take a comprehensive approach to tort litigation that starts with immediately conducting an in-depth investigation.
How We Can Help Protect Your Company
Our tort defense lawyers handle all types of claims involving all types of plaintiffs. Whether you are facing a premises liability or products liability claim from a customer, or your company is facing allegations of fraudulent misrepresentation, breach of fiduciary duty, or conversion, we can use our experience to develop and execute a highly-strategic defense. Our nationwide tort defense practice includes:
Negligence and Intentional Tort Defense
We regularly defend companies against both negligence claims and intentional tort claims. This includes claims filed by individuals and families as well as claims filed by other businesses. With respect to cases involving individuals and families, our tort defense lawyers are available to handle matters including:
- Personal Injury – We defend businesses and their insurers in tort cases involving vehicle collisions and other accidents resulting in personal injuries. We also handle cases involving assault and battery cases on businesses’ premises.
- Premises Liability – We also defend businesses and their insurers in tort cases involving allegations of premises-related liability due to unsafe property conditions and failure to warn.
- Medical Malpractice – We have particular experience in the area of medical malpractice defense. We defend all types of healthcare providers and facilities (and their insurance companies) against all types of claims.
- Wrongful Death – Our lawyers provide defense representation for businesses and insurance companies facing all types of negligence-based claims for wrongful death. This includes car accident, premises-related, and medical malpractice cases, among others.
- False Imprisonment – Allegations of false imprisonment from individuals accused of stealing and others can present substantial liability exposure for businesses. We defend companies against these types of claims as well.
- Infliction of Emotional Distress – Varying state laws allow claims for both negligent and intentional infliction of emotional distress. While proof of physical injury is required in some states, in others it is not. Our lawyers are available to handle these challenging cases as well.
Tort claims involving disputes between businesses present both unique challenges and unique opportunities. At Oberheiden P.C., we rely on our extensive experience in this area to provide strategic representation for matters involving:
- Conversion – Conversion claims involve allegations of a business, business owner, executive, director, or other individual misappropriating the assets of another party. While these types of allegations can lead to criminal investigations and prosecution, they can also lead to tort claims for damages.
- Breach of Fiduciary Duty – Breach of fiduciary duty claims are often complex, and they often present risks for substantial liability. We defend companies, their owners and executives, and their insurers against breach of fiduciary duty claims nationwide.
- Directors’ and Officers’ Liability – Claims against companies’ directors and officers are becoming increasingly common, and many business professionals have D&O insurance precisely for this reason. We handle both insured and uninsured directors’ and officers’ liability claims.
- Professional Malpractice – We defend law firms, accounting firms, architecture firms, and other professional services firms against malpractice claims as well. We also represent their insurers in settlement negotiations, mediation, arbitration, and litigation.
- Fraud and Misrepresentations – Similar to conversion claims, fraud and misrepresentation claims can often trigger both civil and criminal liability risks. In addition to defending companies and their insurers in tort litigation, we also handle fraud defense in enforcement proceedings involving state and federal agencies.
- Tortious Interference – Tortious interference claims allow companies to pursue damages in the absence of a contractual relationship. We handle claims for tortious interference with business opportunities and contractual relations, and we handle all ancillary and related litigation as well.
Strict Liability Defense
Strict liability laws allow plaintiffs to pursue claims for damages without evidence of negligence or intentional misconduct. While strict liability laws vary by state, these types of claims generally fall into three categories. We handle all three types of strict liability tort claims on behalf of businesses and insurers nationwide:
- Products Liability – Product designers, manufacturers, wholesalers, and retailers can all face strict liability claims based on product defects. We defend companies in cases involving all types of products, from vehicles and vehicle components to prescription and over-the-counter drugs.
- Abnormally Dangerous Activities – Certain types of business activities subject companies to strict liability because they are classified as “abnormally dangerous.” We defend companies in tort litigation involving the storage and transportation of explosives, flammable liquids, and other similar types of claims.
- Animal Attacks – In some states, businesses and individuals can face strict liability for animal attacks. This includes attacks by pets, attacks by wild animals on the defendant’s premises, and attacks involving other housed or domesticated animals.
FAQs: Tort Defense for Businesses and Their Insurers
What Are Some of the Most Common Tort Claims Against Businesses?
Some of the most common types of tort claims against businesses include personal injury, premises liability, products liability, and wrongful death claims. In the healthcare setting, medical malpractice claims are extremely common as well. Regardless of the type of tort claim your business is facing, it is important that you engage experienced defense counsel promptly.
Are There Caps on Damages in Tort Liability Cases?
The answer to this question varies from state to state. While some states cap plaintiffs’ compensatory damages, others do not. Similarly, while some states have caps on punitive damages in tort litigation, others allow juries to impose unrestricted punitive damages awards.
What Should I Do if My Company is Being Sued?
If your company is being sued in a tort case, you should talk to an experienced tort defense lawyer right away. An experienced tort defense lawyer will be able to help you make informed decisions, investigate the plaintiff’s claim, and execute a strategic defense. If your business has insurance coverage for the claim, your lawyer can communicate with your company’s insurer on your behalf as well.
What is Strict Liability in a Tort Case?
In tort cases, strict liability laws allow plaintiffs to recover damages regardless of whether the defendant was negligent in causing a plaintiff’s injuries. While these laws are designed to ensure that companies take adequate steps to protect consumers, as a practical matter, they often expose companies to substantial liability despite the fact that they have taken reasonable precautions.
Does Commercial General Liability (CGL) Insurance Cover Tort Claims?
Commercial general liability (CGL) insurance covers many—but not all—tort claims. If your company is facing a personal injury claim, wrongful death claim, or any other type of tort claim, you will want to have your company’s counsel review your CGL policy to determine if the claim is covered.
Speak with a Tort Defense Lawyer at Oberheiden P.C.
If you would like to know more about our nationwide tort defense practice, we invite you to get in touch. To speak with a senior tort defense lawyer at Oberheiden P.C. in confidence, please call 888-680-1745 or tell us how we can reach you online today.