• Phone: 219-736-9700
  • 8913 Broadway, Merrillville, IN 46410

Areas of Practice

The Law Offices of David W. Holub, P.C. provide a limited range of legal services in State and Federal Courts. Although the firm concentrates in personal injury and wrongful death litigation, the firm's practice includes the following areas:

  1. Industrial Accidents
  2. Railroad (Car - Train) Collisions
  3. Products Liability
  4. Medication Injuries - Pharmaceutical Co. Liability
  5. Class Actions
  6. Car, Truck, Motorcycle and Bicycle Accidents
  7. Medical Injury - Malpractice
  8. Wrongful Death
  9. Civil Litigation - All Types
  10. Trial and Appellate Practice
  11. Slip and Fall Injuries - Dog Bites
  12. Business Litigation
  13. Insurance Disputes
For more specific examples of the areas of law in which we concentrate, the firm has compiled a list of notable cases for your review.

I. INDUSTRIAL ACCIDENTS

Industrial accidents frequently involve only a worker's compensation claim. However, where industrial accidents result from defectively designed or manufactured equipment, or the negligence of someone besides the employer, the victim may also have a personal injury action. Victims of an industrial accident generally must prove that their injury was caused by negligence if they are seeking to recover from a party other than an employer.

The firm is available to handle industrial accident claims, and fact situations related to industrial accidents include:

  •     Engine Fire
  •     Crane Accident
  •     Scaffolding Fall
  •     Exposure to Fumes or Toxic Vapors
  •     Fall from Ladder
  •     Hazardous Chemical Spill
  •     Strike from Falling Object or Debris
  •     Machine Defect
  •     Equipment Defect
  •     Failure of Safety Device
  •     Forklift Accident
  •     Crush Accidents
  •     Electrocution due to contact with Electrical Power Lines
  •     Lifting Accidents

Any type of machinery used in an industrial or factory or construction or agricultural setting may give rise to a claim against the manufacturer or seller if the injury occurs due to a safety related machine defect or the misuse of the machine by another person at the work site. The type of machinery involved in these types of accidents is wide ranging and could include boilers, chemical vats, cooling towers, metalworking machines, woodworking machines, farm equipment, textile machines, tire-making machines, food-making machines, printing machines, lifting equipment, furnaces, refrigerators, freezers, hand tools, bulldozers, backhoes, scrapers, graders, presses, winches, derricks, lift-trucks, sanders, saws, conveyor belts, lathe machines, ladders, scaffolding, and many other types of equipment.         

Industrial accidents may give rise to a Worker's Compensation benefit claim which allows for the recovery of a portion of wages, medical bills, and compensation for long-term disability caused by the actions of an employer or co-worker. Industrial accidents also often permit the filing of a lawsuit against contractors, property owners and their insurance companies. Though the Occupational Safety and Health Act sets forth standards for preventing workplace accidents, and there are many engineering standards which deal with machine safety issues, accidents do happen and the consequences can be catastrophic to victims and their families. Mr. Holub is a Board Certified Civil Trial attorney and very familiar with the industrial accident case. A free consultation is available. You pay nothing up front. Our fees are a percentage of any settlement or court award.

II. RAILROAD (CAR - TRAIN) COLLISIONS

Railroad collisions between trains and cars at a crossing often involve complex investigation of technical and engineering issues such as speed, crossing protection, and sight distance. Railroad accidents often involve serious injuries including paralysis, amputation, brain injury, spinal cord injury, and death. Victims of train collisions may recover for pain and suffering, medical expenses, property damage, lost wages, and loss of earning capacity. Many fact situations are covered by the law applicable to railroad related collisions, including:

  • Train/car collisions
  • People and bikes hit by trains
  • Safety gate failures
  • Warning light failures
  • Errors caused by fatigue, alcohol or drugs
  • Poor training and maintenance

Our legal team has access to a network of skilled experts who will help explain how and why an injury occurred so that we can work to obtain fair compensation for our clients.

III. PRODUCTS LIABILITY

Products liability law involves the legal theories of strict liability, negligence, breach of warranty, fraud, misrepresentation, and violation of the deceptive trade practice laws. From a consumer standpoint, these cases generally concern whether appropriate warnings were given to users or consumers of products. Also involved are placement of warnings, appropriate content for operating equipment, appropriate design, necessity for inspection or testing, compliance with statutes and regulations, and determination of recall or retrofit advisability. Product liability claims often involve heavy industrial equipment, tractors, bulldozers, cranes, lift trucks, oil field equipment, scaffolding, kitchen equipment, tires, pharmaceuticals, smoke detectors, medical supplies, bottling equipment, packaging equipment, chemicals and glues, fertilizers, tobacco products, automotive equipment, camping equipment, ski equipment, ski lift equipment, textiles, hand tools, consumer products, bicycles, surgical equipment, blood products, and food.

IV. MEDICATION INJURIES AND PHARMACEUTICAL COMPANY LIABILITY

Just as doctors can be held liable for negligent medical care, pharmaceutical companies can be held liable for marketing a dangerous and defective product, or failing to provide adequate product warnings. For example, in the fen-phen suits, the legal theories involved included strict liability, negligence, breach of warranty, fraud, misrepresentation, and violation of the deceptive trade practice laws. To these claims, drug makers raise numerous defenses, including voluntarily assumed and/or incurred risk, contributory/comparative negligence, idiosyncratic reaction, misuse, the learned intermediary doctrine, and FDA regulatory compliance.

 

Various medications and medical devices are being investigated which potentially may cause injuries for which compensation may be available. The following list is not exhaustive and we recommend calling if you have questions.  Medications: Bextra (valdecoxib) - heart attacks and strokes; Fosamax - bone disease of jaw; Ortho Evra Patch - blood clotting related illnesses; Permax (pergolide) - cardiac symptoms; Trasylol - strokes, heart problems, kidney damage; Zithromax (azithromycin) - liver and kidney damage; Premarin and Prempro (estrogen replacement) - cancer.


Medical devices for which we would be happy to answer questions include: Medtronic Implantable Cardiac Defibrillators; Guidant Implantable Cardiac Defibrillators and Pacemakers.

V. CLASS ACTIONS

A "class action" is a type of lawsuit where a large group of plaintiffs who have suffered the same or a similar injury, can join together to pool their resources in a single lawsuit. Class actions are particularly appropriate where an individual's injuries are clear, but the cost to investigate and prove fault on the part of the defendant is greater than the dollar value of the damage suffered by one plaintiff. David Holub has coordinated several class actions and other complex cases in which clients have sought recovery for injury, loss of property, loss of insurance, and property damage. The firm is available to practice in the area of class action law.

VI. CAR, TRUCK, MOTORCYCLE AND BICYCLE ACCIDENTS

The area of our practice which includes all claims for injuries connected with automobile collisions, car-truck crashes, motorcycle accidents, and bicycle accidents is described below.

The Car Crash

An auto accident can change the course of a person’s life in a split second. An injury can have far reaching impact on an entire family if a family member is unable to work, if hospital or home nursing care is required, or if the injured person's ability to contribute to the operation of the household is altered. We have over twenty five years of service to people who are dealing with the consequences of brain injuries, head trauma, back pain and back injuries, internal organ injuries, neck injuries (sometimes called whiplash injuries), broken bones, paralysis, fractures, tears, numbness, nerve pain, concussions, burns, disfigurement and scarring, and permanent disability and impaired ability to work, 

We are committed to providing high quality legal service which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.  We understand that auto accidents also bring emotional stress over how to pay medical bills and replace damaged property.   We are devoted to serving our clients by assisting them in dealing with their auto insurance company, their health insurance carrier, and the other driver's insurance company. If a prompt settlement cannot be negotiated we promptly file suit to recover compensation for not only physical and emotional injuries, but medical bills, lost wages, and property damage.

As soon as we are retained, our legal team begins working to establish liability on the part of the driver responsible for the crash. This includes interviewing witnesses, analyzing the crash scene, and on occasion hiring experts to prove the accident was caused by the negligence, recklessness, or carelessness of the other driver.  Acts of negligence that typically lead to a crash include:

  •     Speeding
  •     Driving while intoxicated   
  •     Reckless driving
  •     Cell phone use while driving
  •     Texting while driving
  •     Failing to yield
  •     Disobeying a traffic signal    
  •     Making illegal turns
  •     Running a stop sign
  •     Running a red light
  •     Driver fatigue or inattention

If you were injured or involved in an accident, it is critical that you consult with an attorney who has extensive trial litigation experience.  If your case cannot be settled, it is crucial that your attorney understand how to prepare your case for trial and how to win your case.  Mr. Holub has successfully litigated thousands of auto accident cases and knows how to effectively negotiate prompt and fair settlements. 

The Truck Crash

A large number of our client cases involve a collision involving a semi-truck or what some people call a tractor trailer and still others describe as 18 wheelers. Car truck collisions more often than not lead to permanent injury, catastrophic injury or death. Large trucks frequently weigh sixty thousand pounds or more. Many trucks carry hazardous materials.  If you or someone you care about has been injured in an accident with a semi, tractor trailer, or 18 wheel trucks, it is essential to consult legal counsel with experience in dealing with the myriad of issues and complexities posed by collisions involving trucks. These type cases almost always require an attorney who has a team with experience in accident reconstruction, but also experience in analyzing the logs of the truck driver involved in the crash, the drivers DOT qualification file,  and in obtaining data from the on board event record (black box) available on most modern tractors. We have such a team and stand ready to serve should you or your family need our assistance.

The Motorcycle Crash and Bicycle Crash

We also serve a number of clients who have been injured while operating a motorcycle or a bicycle. Motorcycle accident victims and bicycle accident victims will frequently encounter painful physical and emotional injuries just as may be encountered by persons involved in auto and truck crashes. However, the victim of a motorcycle accident is statistically more likely to suffer injuries that are serious and debilitating because motorcycles lack protective cages and seatbelts or airbags, and because motorcycles operate at highway speeds. Moreover, motorcyclists are frequently ejected from the vehicle during the crash and can suffer road burns and serious head injuries. Bicyclists can suffer similar injuries because of open exposure to high speed vehicles and often such injuries can be just as serious. Moreover, though motorcyclists and bicyclists have the same legal protections on the road as cars and trucks, it is helpful to have an attorney with experience to make clear to jurors that drivers who are careless around motorcycles and bicycles should be held to account for their wrongful conduct. Like other accident victims, motorcyclists and bicyclists who are injured in a crash will benefit from the representation of an attorney who will vigorously advocate for their legal rights. Our firm is experienced in this area of the law and stands read to serve the injured cyclist.

VII. MEDICAL INJURY - MALPRACTICE

The law of medical malpractice defines negligent medical conduct as the doing or the failure to do something that a reasonably prudent health care professional in that field would or would not do under the same or similar circumstances. A plaintiff's medical malpractice lawyer must present expert testimony on the standard of care required of professionals in the field of the defendant. Normally, the lawyer must prove that the defendant breached or failed to adhere to that standard of care, causing the plaintiff's injury. A negative result in medical treatment in and of itself does not mean that the doctor committed malpractice. Medical treatment carries with it no guarantee of success. Many medical procedures involve risks which cannot be avoided even if the doctor exercises great caution.

VIII. WRONGFUL DEATH

A wrongful death is the death of a person caused by the negligence, willful act, or wrongful act of another. Our firm has served a number of surviving family members in such circumstances and helped them deal with such events which are always traumatic and fraught with special challenges.  In every case we strive to be accessible and attentive to our clients, but the death of a loved one is a time of special personal challenge and special legal challenge, and we help our clients work through these challenges. As to the legal challenges, the damage recovery that surviving family members can receive will hinge on the age of the deceased, the health of the deceased, and the deceased's earning level.  Compensation in wrongful death cases can include recovery of medical and funeral expenses, loss of future earnings, loss of such benefits as medical insurance and pension, loss of inheritance, and often loss of love, affection, counseling and companionship.  In order to receive the compensation deserved, family members should hire an experienced personal injury lawyer with a team dedicated to compassionate and skilled representation.

IX. CIVIL LITIGATION - ALL TYPES

The firm's civil practice encompasses cases in both the Indiana State and Federal Court systems. The firm's practice experience encompasses all the areas listed on this page.

X. TRIAL AND APPELLATE PRACTICE

The firm is prepared to handle claims at the trial court and appellate court levels. David Holub has been admitted to practice before the Supreme Court of the United States since 1995.

XI. SLIP AND FALL INJURIES - DOG BITES

People can be injured in many ways and it is impossible to list every possible mechanism of injury. However, two types of premises related injuries occur rather frequently: a) the slip and fall and b) the animal bite.  Because our firm concentrates in accident and injury law we are well equipped to handle these type cases and any type of injury claim.  The firm has helped obtain recoveries for many who have fallen due to another’s failure keep safe premises, as well as many people who have been injured by dogs, horses, and other animals which have not been safely controlled. 

            The Slip and Fall Injury

The term “slip and fall” refers to circumstances where people are injured when they slip or trip and fall as a result of a danger or hazard on another person's property. Such falls can occur indoors or outdoors. A fall can be caused by a defective floor, a wet floor, poor lighting conditions, or the result of snow or ice. Cracked concrete, a pothole, or any other poorly maintained premises can also be the cause of a slip and fall injury.

All slip and fall accidents are covered by negligence law and deal with the area of the law described as premises liability. Property owners have a “duty of care” to see that their property is safe. This includes insuring that a building (interior or exterior) has no structural defects that could cause a fall or temporary hazards or defects. Structural defects can include: loose floor mats, rugs, or tiles; water on the floor; the wrong type of wax or cleaner applied to a floor, poor lighting in stairways, building code violations, and cracks or holes in sidewalks or parking lots. Weather-related hazards include ice and standing water.

If you experience a slip and fall injury, you can do several things immediately:

  • Be sure to note what made you fall – was it water, ice, a hole, a rock, a banana peel?
  • Note as many details about the location of the item that made you fall as you can
    • Is it something that you would expect to find there?
    • Is it hard to see for some reason?
      • Did the object match the color of the floor?
      • Was it hidden some how?
      • Was the lighting poor?
    • Is it in a walkway?
  • Try to determine whether the hazard could have been anticipated and prevented or eliminated.
    • Is it something that should have been cleaned up?
    • Is it something that was being used for a special purpose such as a construction project?
  • Were there any witnesses?  If so, take down names and addresses.
  • If possible, get a sample of what caused you to trip
  • Take photographs – a cell phone camera is great for this – of what you slipped or tripped on and the area all around.  Try to include objects in the photos that will make the photo easily identifiable later, such as a sign or other permanent structure.
  • Report your fall incident to the manager or owner of the property and request that a written report be made.

Our legal team is always available to consult on slip and fall injury cases. There is no fee for an initial consultation, and if we accept your case we will work on a contingency fee basis, which means we do not get paid until we make a recovery for you. 

            The Dog Bite and Animal Attack Incident

Like the slip and fall case, animal bites are another type of legal claim that relates to the ownership of property. Just as it can be negligent to have a property hazard that will cause people to fall when they come on the property, it can also be negligent to have a dog, horse or other animal where it creates a hazard to people coming onto the property. So too can liability arise from an animal (which is treated as an item of property) escaping from a property where it is ususally kept safe and secure.

An animal attack is a frightening event to experience. The bite of a dog or other animal or the sudden kick of a horse can result in severe injury and permanent scarring, or in the case of small children may result in death. If you or a family member has been bitten by a dog or other type of animal due to the owner’s negligence, you may be entitled to receive compensation. An owner may be found negligent for not keeping an animal contained or not supevising the animal responsibly. We have represented people injured by dogs, horses, and even a bull that escaped from a pen in a game and wildlife facility. Again, we are always available to consult with you on this type of injury case. The initial consultation is free and if we accept your case we will work on a contingency fee basis, which means we do not charge a fee until we obtain money for you. 

XII. BUSINESS LITIGATION

Business litigation includes the handling of general contract and business disputes. It also includes class actions arising out of such transactions, and includes professional liability claims arising out of such transactions. The firm is available to provide trial representation in the area of business litigation.

XIII. INSURANCE COLLECTION & BAD FAITH

Insurance issues are involved in nearly every type of litigation. The firm is available to assist in the collection of life, health, and disability insurance. We also assist clients in making property insurance claims, and claims of bad faith on the part of an insurance company.

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