PERSONAL INJURY, PROFESSIONAL MALPRACTICE, AND PRODUCTS LIABILITY Litigation Personal Injury Defense Professional Malpractice Defense Product Liability Defense Commercial Litigation Insurance Law Commercial and Real Estate Transactions Class Actions Labor And Employment Law Lender Representation Natural Resources Estate Planning and Probate Administrative Law And Regulated Industries Mediation and Alternative Dispute Resolution Indian Law and Tribal Jurisdiction Litigation Zuger Kirmis & Smith specializes in litigation. The firm regularly litigates claims involving all aspects of tort law, including insurance defense, professional malpractice, product liability, automobile law, construction disputes, premises liability, liquor liability, and property damage. Our lawyers resolve disputes by negotiation and litigation in state, tribal, and federal courts throughout North Dakota and the surrounding region. Casualty insurers, corporations, and manufacturers needing experienced and effective trial counsel call upon Zuger Kirmis & Smith. Insurance companies have long recognized that Zuger Kirmis & Smith consistently obtains optimum results for their insureds. A representative list of insurance clients is included in Best's Directory of Recommended Insurance Attorneys and Adjusters. Many of the firms attorneys are recognized in Best Lawyers of America. Several are Board Certified Trial Lawyers. Major Corporations and manufacturers also call upon the firm because of its prominent reputation within the region for aggressively and successfully litigating cases. Litigation is the major strength of the firm's practice. Our policy is to litigate aggressively and to work closely with our clients to achieve excellent results. Personal Injury Defense Zuger Kirmis & Smith attorneys represent the insureds of numerous personal line insurers in the defense of personal injury claims. Our lawyers have extensive litigation experience with wrongful death actions, serious injury claims, soft tissue claims, and brain damage claims. We work regularly with experts in evaluating these claims and preparing for trial. Since 1995 the firm has represented the North Dakota Workers' Compensation Bureau, handling the bulk of all administrative or litigated claims for this state agency in Western North Dakota. In handling these defense cases, the firm evaluates the best possible settlement approach. Our attorneys have developed substantial experience in presenting cases to a mediator in order to negotiate reasonable settlements. When settlement is not possible we have legal assistants, including both registered nurse consultants and certified paralegals, who provide the investigative and trial support necessary to effectively present a defense case to a jury. Professional Malpractice Defense The lawyers of Zuger Kirmis & Smith devote much of their time to defending medical, legal, accounting, and other professionals in malpractice cases. The firm is proud of its reputation for excellence among physicians, lawyers, accountants, and other professionals. We are regularly called upon to defend professional malpractice claims. Zuger Kirmis & Smith is uniquely organized to defend medical malpractice claims in a thorough and cost effective manner. In addition to highly trained paralegals and the usual office personnel, the firm employs a staff of registered nurses as nurse consultants. These nurses' duties include researching and summarizing medical records and medical literature. Using paralegals and nurse consultants to perform a function frequently undertaken by lawyers results in a considerable cost saving to the client. Our lawyers utilize the services of medical and other experts throughout the country, including many nationally recognized expert witnesses, as well as prominent local experts. Product Liability Defense The firm has a special emphasis on defense of product liability cases. Zuger Kirmis & Smith has attorneys who have experience managing major product liability litigation. We are committed to obtaining excellent results while at the same time providing our manufacturing clients and their insurers with the highest quality legal services at a reasonable cost. The firm is well-equipped and staffed to handle product liability claims from initial investigation to developing and directing product demonstrations and testing for trial. Our trial lawyers are proficient in using technology in the courtroom to help jurors understand complex technical issues. We are always mindful of our manufacturing clients' desire to reduce the cost of litigation to help keep costs down. We work extensively with nationally recognized experts in design analysis, accident reconstruction, and biomechanics. Commercial Litigation Zuger Kirmis & Smith represents clients in many types of commercial litigation. For example, the firm defends banks in lender liability claims and advises banks in disputes concerning the handling of customer accounts. We handle litigation related to bond claims, contract disputes, and secured transactions. Effective commercial litigation requires attorneys with specialized experience and knowledge in the commercial and legal issues involved in the dispute. If commercial litigation becomes necessary, the firm has the attorneys with knowledge of both the commercial areas as well as extensive litigation experience. We also handle bankruptcy matters by providing legal services to clients with claims in bankruptcy cases, including both reorganization and straight liquidation cases. The firm also advises commercial clients who are considering filing a bankruptcy petition. Insurance Law Zuger Kirmis & Smith represents clients in virtually all aspects of the insurance industry; casualty claims, health and life claims, insurance defense, fire subrogations, coverage disputes, and issues related to governmental regulation of the insurance industry. We represent casualty companies, health insurers, and life insurance companies in all their corporate transactions, including the formation, qualification, and licensing of insurance companies. Our knowledge of the internal working of insurance companies and regulatory agencies enables us to represent clients in all areas which affect the insurance industry. In fact, the firm presents a seminar on insurance issues annually to the insurance industry. This firm has a substantial lobbying practice. We represent several insurance agencies and insurance trade associations in administrative proceedings and during the legislative sessions. Our representation of the insurance industry has been ongoing since the 1950's. We have in-depth knowledge of the issues affecting the insurance industry and have helped shape significant legislative reforms for our clients. Commercial and Real Estate Transactions Zuger Kirmis & Smith assists clients with various commercial and real estate transactions. This includes advising and assisting in negotiations relative to the acquisition, or sale, of an existing business or corporation. Our services in this regard range from analyzing financial statements to drafting the supporting contractual agreements and documents. We are involved with most other aspects of commercial and real estate transactions, including services such as drafting and negotiations of general contracts, and handling all aspects of real estate transactions from drafting a simple lease to providing comprehensive lending opinions. Our lawyers, together with the client's tax accountant, can provide a comprehensive team in order to handle all the client's business and commercial needs. Class Actions The last decade has seen a surge in class action lawsuits involving major multinational corporations. Zuger Kirmis & Smith has many lawyers with expertise in these areas. We have represented many of the world's largest companies as North Dakota counsel in such matters. Labor And Employment Law Labor law disputes, whether involving unions or employment discrimination, are not only sometimes unpleasant and disruptive of the work place, but they also require specialized legal knowledge to resolve. Most lawyers in North Dakota do not possess the expertise to handle labor law disputes. Zuger Kirmis & Smith does handle labor and employment law dispute resolutions. The firm is frequently called upon to represent employers in labor and employment related matters. Lawyers in the firm possess the expertise to handle labor negotiations and union organizational campaigns, as well as employment discrimination claims, before state and federal agencies and courts. Zuger Kirmis & Smith advises companies in drafting and implementing policies to avoid labor related problems. But when disputes occur, we can help to resolve such disputes through mediation, conciliation, negotiation, and, when necessary, litigation. We assist our clients in designing, drafting, and implementing personnel handbooks, employee pension plans, profit sharing plans, and other human resource documents. The firm also serves as counsel to Union pension funds, joint management-labor pension funds, and political subdivisions. Lender Representation Zuger Kirmis & Smith has several attorneys with experience in representing lenders in financial transactions. When non-standard financing issues arise, our attorneys provide advice and assistance in document drafting, perfecting security interests, evaluating risks, and responding to various questions regarding legal issues. If a loan does become a problem loan, our attorneys can provide the services necessary to either negotiate a workout agreement or, if necessary, prosecute the litigation to enforce a lender's rights and collect the loan. Finally, in those situations in which the debtor files for bankruptcy protection, we have the experience necessary to pursue the bankruptcy claim. Natural Resources Zuger Kirmis & Smith attorneys provide services in the area of natural resources law. The firm attorneys practice in the areas of land, coal, oil, and gas. Attorneys have the experience and expertise to present our natural resources clients' positions before state and federal courts and before the appropriate regulatory commissions. The firm has extensive experience practicing before the North Dakota Public Service Commission and the North Dakota Industrial Commission. Zuger Kirmis & Smith is committed to excellence in the practice of natural resources law including coal, oil, and gas law. Attorneys in the firm possess the technical expertise necessary to provide efficient and excellent legal services to our clients in those industries. The firm is capable of providing a wide range of services in the coal, oil, and gas areas. These include the completion of title opinions, oil and gas drilling and division order title opinions, representation before the North Dakota Industrial Commission and the North Dakota Public Service Commission, and representation in both state and federal courts. Again, because of the firm's historic foundation, litigation is an important component to the firm's services to its natural resources clients. Estate Planning and Probate There are many areas in the law involved in estate planning and handling decedents' estates. Zuger Kirmis & Smith has expertise not only in estate planning and probate, but also in most of the major branches of law practice which might be involved either directly or indirectly in an individual's estate. The firm possesses the demeanor and professionalism necessary to handle the intensely personal aspects of this area of the law with utmost confidence and efficiency. Administrative Law And Regulated Industries Zuger Kirmis & Smith represents clients before administrative agencies and the courts on a wide variety of regulatory issues. In our representation of clients, we bring not only thorough knowledge of the law affecting the regulated industry but also an understanding of the technical and regulated environment in which the industry operates. Elements of law, accounting, economics, and engineering are often involved in regulatory issues whether before a court or an administrative agency. Knowledge of these disciplines and an ability to work with the client's expertise are essential to effective representation. Our experience and background provide effective counsel and representation on a wide variety of regulated issues including health care, insurance, electricity, natural gas, telecommunications, labor, warehouses, energy, and the environment. Mediation and Alternative Dispute Resolution The legal profession in the last decade has seen significant development in the use of alternative dispute resolution. Zuger Kirmis & Smith, through its litigation practice, has gained great expertise in the mediation of a variety of matters including litigation claims. With attorneys certified as mediators and on the list of approved neutrals, Zuger Kirmis & Smith has served as a neutral in a variety of litigation and other claims involving corporations, insurance companies, businesses, and the public. Indian Law and Tribal Jurisdiction One of the fastest growing and most complicated areas of law over the last 20 years has been Indian law and tribal jurisdiction. Zuger Kirmis & Smith, through its litigation practice, has developed expertise in this area. Zuger Kirmis & Smith represents nonmember defendants as well as tribes, tribal entities, and tribal members in tribal court. Zuger Kirmis & Smith practices in the tribal courts in North Dakota, South Dakota, and Montana.
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