Protecting The Interests Of Insurers And Their Policyholders

Companies of all sizes and their insurers, as well as individuals and their attorneys, often turn to Wells Peyton Partain Baldo & Lighty, LLP, in Beaumont and throughout Southeast Texas for defense in civil damage claims and lawsuits. Our insurance defense practice encompasses a range of factual scenarios that have triggered civil actions, requiring:

• Personal injury defense
• Property damage defense
• Product liability defense
• Toxic tort defense

The defendant in a civil matter normally turns to its insurer for protection when facing claims and lawsuits because of injuries, natural disasters, violence, financial losses, and chemical exposure injuries and losses. These are examples but are not the only situations that may put our clients on the defense.

As in all areas of our law practice, our attorneys waste no time in zeroing in on our clients’ vulnerabilities and identifying promising defense strategies. The ultimate goal in an insurance defense matter is to protect the insurer’s and the insured’s assets and interests. We are diligent and transparent regarding the work we need to do to succeed in an insurance defense case.

Ways Of Defending Insurers And Insureds

Every case is unique, but our insurance defense portfolio has included successful tactics such as the following:

• Determining whether the type of incident under scrutiny is included in a policy’s coverage
• Examining policies to see whether they are still valid
• Determining whether the business person, automobile, building or other focus of a damage claim is, in fact, covered under a given policy
• Containing cost of defense while at the same time producing and maintaining quality legal work.
• Examining the credibility of expert witnesses used by the plaintiff; identifying the most qualified expert witnesses for the defense
• Skillfully weighing and deciding in a timely manner when to attempt to settle a claim versus when to defend a matter more aggressively
• Taking into account subrogation rights and other special factors
• Developing and implementing a regional or national defense strategy

This sampling of defense strategies is presented here for illustrative purposes and may not match up with the best approach for your defense matter.

Tenacious Defense Representation Against Personal Injury And Wrongful Death Claims

Businesses and companies are often easy targets for litigation because plaintiffs assume they have deep pockets and will settle claims rather than risking trial. But most Texas businesses cannot absorb these costs, nor should they have to when the claims being brought are without merit. At our firm, a primary focus of our practice is the defense of personal injury and wrongful death cases. We have the skills, experience and resources to give your company the tenacious defense your case requires.

The firm’s focus extends to defending claims involving injuries and deaths caused by:

• Allegedly dangerous and defective products (product liability claims)
• Allegedly dangerous medical devices or pharmaceutical drugs
• Accidents on allegedly unsafe private property (premises liability matters)
• Professional negligence, including alleged medical malpractice
• Automobile and truck accidents (often involving commercial vehicles and drivers)
• Industrial accidents and toxic tort claims
• Other personal injury torts

We also represent the interests of employers and insurers defending workers’ compensation claims.

Advocacy On Behalf Of Businesses In Many Industries

With decades of experience, our attorneys have defended the interests of businesses in numerous industries, including (but not limited to):

• Restaurants
• Retail stores and chains
• Major hotel chains
• Building owners
• Petrochemical premises owners

Each business and industry has its own unique liability concerns, and there is no one-size-fits-all solution to defending these cases. When we take your case, our attorneys devote the time, research and other work necessary to give your business the best chance at a successful resolution that protects the company financially and legally.

Has Your Business Or Personal Property Been Targeted In A Premises Liability Claim?

Every time someone steps onto your property, they are expecting to be safe. If someone gets injured, you could be sued. It is your responsibility to maintain a safe property; however, unforeseen things can happen anywhere. If someone gets hurt on your property, you will likely need defense from a premises liability claim. Even before you hear from the other side, you should call a lawyer right away. It is important to get all the facts of the case as soon and as fully as possible.

Many factors go into a claim when someone is injured on someone else’s property. Every case presents a unique set of facts. Understanding the law can be difficult, which is why you should have the help of a lawyer when fighting a claim. All evidence and details need to be considered to develop an effective defense strategy for your business or for you personally if an incident occurs on your home property. Our experienced attorneys know exactly what to look for. They can get your case underway right away.

How Does The Court View A Visitor To Your Property?

Legally speaking, someone who was injured at your home or business may fall into one of these categories:

• Invitee
• Trespasser
• Social guest
• Licensee

Evaluation of each vantage point may influence the outcome of a premises liability case. Our knowledge of both the law and the local court systems will help us build compelling arguments in your favor. If you are about to be sued by someone or you were injured and believe you have a valid premises liability claim against a property owner, we can help. We will gladly listen to your story and recommend a course of action as you approach a dispute over an injury on your property (or your injury on someone else’s property).

Skilled Defense Against Product Liability Claims

We defend manufacturers, distributors and sellers from product liability claims, including those arising in the areas of transportation, construction, industrial equipment and consumer goods as well as in the petrochemical industries. We have experience in design and manufacturing strict liability claims, related claims for alleged misrepresentation, breach of express or implied warranty, violations of the Texas Deceptive Trade Practices Act, and negligence and punitive damage claims.

We have represented manufacturing and distributing clients in the following areas:

• Consumer goods
• Refinery equipment
• Motor vehicles
• Asbestos products
• Chemicals
• Pharmaceutical, medical device and other health care product liability litigation
• Transportation product liability litigation
• Latex gloves
• Welding rods
• Safety equipment
• Silica
• Sporting goods

To learn more about how we can protect your interests in litigation and beyond, get in touch with us.

Vigorous Defense Of Toxic Substance Claims

Our toxic tort litigators are highly trained attorneys who protect clients aggressively at every stage of a case. Our attorneys have in-depth experience in defending insurance, business and corporate clients against multiple chemical sensitivity claims and toxic tort claims involving:

• Chemical spills
• Asbestos
• “Sick buildings”
• Environmental cleanup associated with construction
• Defective vapor barriers

These cases often involve allegations of personal injury damage from environmental and occupational exposure to a variety of products. Toxic tort cases require knowledgeable and dedicated attorneys because they often involve multiple parties and target large corporations.

Most law firms in our area don’t accept toxic tort cases or refer them to our accomplished legal team. Our attorneys have substantial experience in successfully defending retailers, distributors and manufacturers through negotiation, settlement and trial. In occupational disease cases, our firm has developed a team approach to litigation and can call upon several partners as well as associates. We work hard to see a matter to a conclusion in a client’s favor whenever possible.

We continue to successfully represent major national corporations in products liability and premises liability suits brought by plaintiffs alleging personal injury damage from environmental and occupational exposure to a variety of products. We settle many cases at the negotiation stage. Sometimes, litigation is unavoidable. When that time comes, our attorneys are ready to present a credible defense for your company in hearings and in the courtroom.

Contact Us Today To Learn How We Can Protect Your Company

Protect the integrity of your insurance company and its well-calculated coverage exposure. With more than 60 years of experience representing businesses, including insurers, the lawyers of Wells Peyton Partain Baldo & Lighty, LLP, have consistently demonstrated the quality of counsel that you seek when stakes are high. To discuss your liability defense needs during an initial consultation, call our office at 409-359-8947 or fill out our online contact form.