An interesting article in the San Francisco Gate indicates that a potential OCE lawsuit may be in the works. The plaintiff is an autistic child, who is suing his former employer for exposing him to lead paint. The plaintiff’s father was an active participant in his son’s life; he took him to baseball games, rode bikes with him, and cooked meals for him. It appears that there may have been some danger to his health from the lead in the paint, although the father was unaware of this fact. According to the San Francisco Gate, attorney Robert Hinkle of the law firm Lewis & Scholnick, LLC, said the complaint “isn’t about autism; it’s about an employer who didn’t take the precaution necessary to avoid harm.”
According to Hinkle, “The complaint is about as strong as they come.” He added, “It may not be the best lawsuit for OCE, but it’s better than nothing.” This is hardly surprising, especially after all the publicity that occurred over the recent death of Autism Insurance Institute founder John Dorey. Dorey’s lawsuit forced OCE into action, forcing the company to issue thousands of pages of guidelines for testing for lead paint. In their effort to protect employees, OCE is also threatening to file a similar lawsuit against the lead plaintiff’s attorney.
If these claims are true, it could be a huge headache for both attorneys and their clients.
If the case is resolved favorably for OCE, they will be able to move on from there. However, if the plaintiff’s attorney sues for wrongful death, it could put financial pressure on both sides. On the flip side, if the company does not settle the case out of court, the plaintiff’s attorneys may becomegrudgingly drop the claim.
In a similar vein, plaintiffs attorneys must beware of OCE’s propensity to file “ambulance chasers” lawsuits.
Such lawsuits are designed to quell dissent and scare off potential opposition, but they are also devoid of merit. OCE’s ambulance chasing lawsuits are nothing new, and it does not appear that any of the attorneys associated with the company have any knowledge as to how the process works or why they feel such tactics are necessary.
If an attorney is selected who has never handled a case like this one, the lawsuit will proceed cautiously. The litigation department will need to perform extensive investigations and provide a variety of document requests before the lawsuit can move forward. This will take a significant amount of time and resources. This means that those who choose to hire an attorney that has worked a case like this one before will experience a significant advantage.
The attorneys who work on Ocella cases have a different expertise than those who have not handled this type of case before.
They should be willing to explain all of the facts in your lawsuit to help you understand the process. They should also be prepared to answer any questions you might have regarding the case. They should also be familiar enough with the case to give advice as to the likelihood of success and what the chances might be. If you have questions regarding these matters, discuss them with the litigation department at the company before you hire the attorney.
There is one area that is especially critical that the attorneys handling your Ocella lawsuit do not ignore: the contract.
The contract for the case states the parties involved and any specifics as to the time frame, the nature of the claim, and the amount of compensation to be paid. It is absolutely essential that this contract is completely understood. A contract between the plaintiff and the defendant is absolutely necessary for there to be any certainty as to the outcome of the case. Without the contract, there is no basis for the plaintiffs to stand a chance of prevailing.
Because this case is very complex, it is likely that attorneys will spend a lot of time working on it.
It would be wise to be sure that you retain the best attorney available in your area. Look for an attorney with experience in your specific type of case and who has handled at least one similar case in the past. Lawyers who are experienced will also know what kinds of cases are out there and how they will build their case. They will also be able to prepare a strong defense for you, if need be.