Howard D. Mishkind, Esq. and David A. Kulwicki, Esq. have over 60 years of combined experience handling catastrophic injury cases. We have collectively tried over 100 jury trials in injury cases and recovered over $200 Million for our deserving clients. Let us put our compassion, experience and dedication to work for you. We have handled cases involving all serious injuries, including:
- Traumatic Brain Injury
- Brain Damage Due to Stroke
- Cerebral Palsy
- Erb’s Palsy
- Other Types of Paralysis
- Spinal Cord Injury
- Crush Injuries
- Wrongful Death
What makes a catastrophic case different from smaller injury claims? First and foremost, catastrophic cases are expensive. Recognizing that our clients have been devastated by injury, we know that you cannot afford litigation costs that can run into tens of thousands and even hundreds of thousands of dollars. So, we advance litigation costs on behalf of our catastrophically injured clients so that they can afford to compete with the resources of big insurance companies and defense firms.
Catastrophic claims are vigorously defended by insurance companies and their lawyers because large sums of money are at stake. The opposing party will fight every issue using every resource available, including hired gun “expert witnesses” and the best insurance defense lawyers. Mishkind & Kulwicki Law has navigated these dangerous waters on numerous occasions. We have our own resources to equalize the playing field.
Catastrophic cases also involve a variety of demanding legal issues that are not involved, or are less complicated, in smaller cases. For instance, debilitating injuries require an exhaustive evaluation of the economic losses involved. We provide you with an understanding of economic valuation of lost wages and lost benefits, as well as access to economists who can calculate these losses and testify in court when needed. Further, you may need to estimate future costs of medical care and other life care costs, like in-home care, skilled nursing home care or a group home. Again, we provide you with vast experience in determining these losses and in locating experts in life care planning who can document these losses and explain them to a jury.
Catastrophic cases are typically resolved by mediation. Mediation is a formal process whereby the parties select a mediator to facilitate settlement discussions. The mediator is typically a former judge or a prominent lawyer whom the parties know and respect. Mediation involves challenging negotiations with professional negotiators. We bring to you a well-earned reputation for being tough but fair negotiators who have many million dollar and multi-million dollar cases on behalf of our clients. If the case cannot be settled, we are known for taking cases to trial, bringing exhaustive preparation to your side of the table. In fact, we have collectively tried over 100 jury trials.
After recovering money on behalf of a deserving client who has sustained a catastrophic injury, we are able to guide you through a number of significant post-resolution issues. For instance, is a guardianship necessary? Does the settlement have to be approved by probate court? Should the settlement funds be placed into a trust to protect the money and to maximize the client’s access to need-based public benefits like Medicare? What resources are available to advise you regarding investment opportunities? Do I have to pay back my health insurer for funds that it has expended on my behalf as a result of the injury? These are some of the post-resolution issues that we will guide your through.
How is Mishkind Kulwicki Law different than other firms who offer representation for catastrophically injured clients? Mr. Mishkind and Mr. Kulwicki are the sole attorneys in and owners of Mishkind Kulwicki Law. When you hire us, you know who is representing you. You will not be shoved off an inexperienced lawyer or paralegal. Instead, we assume direct responsibility for all of our cases, so that we can deliver high-end, personalized attention to you.
We also care. Your tragedy is our tragedy. We are available daily to answer your questions and provide you with thoughtful advice. We will fight on your behalf as if you were a member of our own family. And, because your injury lasts a lifetime, we remain your lawyer for life.