Mishkind Kulwicki Law consists of two trial lawyers, Howard D. Mishkind, Esq. and David A. Kulwicki, Esq. We have recovered over $200 Million on behalf of clients throughout the State of Ohio who have suffered serious personal injury or wrongful death due to the negligence of another. Though we are known for representing patients injured by hospital negligence or negligence of a doctor, nurse or other healthcare professional, we have also handled numerous other types of cases involving catastrophic injuries due to our familiarity with legal, medical and financial issues involved in these cases.
Explosions, Electrocution and Fires. We have handled a number of cases involving trauma, burns, brain injury and related injuries from explosions, electrical shock and fire. These cases bring a number of unique considerations. First, these cases frequently involve workplace negligence. Though Ohio’s Workers’ Compensation system bars civil suits against an employer, we have succeeded in circumventing that rule in certain situations. We also have experience negotiating with the Ohio Bureau of Workers’ Compensation when it asserts a lien to recover payments made for an injury when the worker recovers compensation from a third party.
Because these events typically occur in the workplace, a working knowledge of standards applicable to a variety of different occupations is essential. We have worked with experts on standards that include Occupational Safety and Health Administration regulations, National Electric Safety Code, building codes, trade association standards, and various State and federal regulations.
These cases are also unique in that they involve significant economic expenses that must be assessed and documented. These economic costs include past medical expenses, future medical expenses, other life care costs such as skilled nursing and rehabilitation, loss of wages and loss of benefits. Through our work with clients who have sustained brain damage, amputation, paralysis and other debilitating disabilities, we are experienced in calculating these economic damages, with assistance from experts in life care planning, economics and physicians who treat patients with significant disabilities.
Finally, these cases are unique in that they carry significant costs that must be borne by the parties. In catastrophic cases, the defendants, when insured, have vast resources to fight the case. Expenses in these cases can exceed $100,000. So, victims of catastrophic injuries need an attorney who can bring resources to match those of well-heeled insurance companies and businesses. We have been doing exactly that for a combined 60 years.
Drowning. Drowning is a silent event. It typically happens to young people, who are not experienced with swimming, and older adults who may wander as a result of dementia (Alzheimer’s). Often drowning results in death, but sometimes the drowning victim is resuscitated and left with devastating brain damage. The latter cases bring all of the challenges of other catastrophic injury cases, as discussed above and elsewhere throughout our website. Drowning prevention depends upon the circumstances of each case, but we know experts on apartment complex safety, pool safety, waterpark safety, and nursing home neglect.
Recreational Injuries. Frequently, serious injury occurs as a result of recreational activities, such as snowmobiling, bicycling, ATVing, motorcycling, horseback riding, trampolining, attendance at sporting events, amusement park rides (e.g., Cedar Point, Kings Island, Soak City), and the like. These cases pose their own unique challenges. Oftentimes, participants sign a waiver, many times without even knowing it. These waivers can be challenged under certain circumstances. Other times, specific laws prevent recovery for recreational injuries, such as Ohio’s Recreational User Immunity Statute. When recreational and sports activities result in serious injury, like brain injury, a broken neck, spinal cord injury, quadriplegia or paraplegia, you will need an attorney who is knowledgeable in calculating the economic costs of these injuries.
Aircraft, Train and Watercraft Accidents. Due to special federal and maritime regulations, injuries arising out of accidents involving an airplane, hot air balloon, helicopter, train, boat, cruise ship or ferry require assistance from a lawyer who is experienced with these areas of law. While we do not handle these cases, we can assist you in locating a qualified lawyer to represent you. We are happy to help!
Premises Liability. “Premises liability” refers to injuries that occur on another person’s property as a result of a hazard located on that property. Sometimes these cases involve commercial businesses, such as where a heavy display collapses and crushes a passing customer. These can also occur on a worksite where a worker is injured by another worker operating heavy equipment or a fall through an unsecured floor opening. Likewise, premises liability can arise due to a physical injury or sexual assault (e.g., rape or molestation) at either a commercial establishment (e.g., hospital, bar or hotel) or private homeowner’s residence. These cases are fact intensive, meaning that the ability to recovery depends upon the specific circumstances. Thus, a thorough investigation is required at the outset to determine if the elements of a claim under Ohio law can be met. We are experienced in investigating these types of injury cases, often with assistance from local police, private investigators or safety experts. Likewise, where the injury was intentional, as in the case of assault or rape, we have experience in dealing with provisions in insurance policies that exclude intentional injury.
“Safety is No Accident.” If you have ever been around a hazardous jobsite, you may have seen the slogan “Safety is No Accident.” Truer words were never spoken. Unfortunately, powerful economic forces, like insurance companies and businesses, have stacked the deck against everyday people who get injured at work or at play. Not only are the laws written to make it difficult to recover compensation, but longstanding public relations campaigns have turned citizens against one another. The public has been well-trained to suspect that everyone else, besides them, is a phony represented by a sleazy lawyer who will do anything for a buck. This image of “jackpot justice” or the “litigation lottery” is a false narrative created to poison jurors’ minds against victims of negligence. Nothing could be further from the truth. In our extensive experience, it is extremely rare for someone to call us with a frivolous claim or minor injury that they want to turn into a big case. By and large, Americans are very good people. It’s true that we can believe in one another.
We all often take our health for granted until a serious accident occurs. Then, your world is turned upside down, and you really feel as if you are starting over on the journey of life. We have been down this road many times. We know the challenges that you face, and we face them along with you. We have the resources to fight Big Insurance and Big Business. We also know how to deal with jury bias at trial. Together, we have tried over 100 lawsuits to verdict. If you or a loved one has sustained a catastrophic injury anywhere in the State of Ohio, we would be honored to earn your trust and fight this fight for you.