Practice Areas
At Roach, Brown, McCarthy & Gruber, P.C., our team of attorneys is dedicated to helping our clients litigate and resolve a wide variety of issues. Regardless of where on the litigation spectrum your case falls, whether it be the coordination of pre-suit or non-party discovery or the handling of a matter up through and including trial or appeals, our firm has the experience both in the court room and outside of the court room necessary to get the job done in an efficient manner designed to maximize our clients’ desired goals.
Our firm has a long history of helping both insured and self-insured clients defend claims in all manner of civil litigation. Our practice areas include:
Medical Malpractice and Nursing Home Negligence
Our firm has had the privilege of representing, counseling and advocating for the members of the Western New York health care professions for many years, including hospitals, physicians and nursing homes. Our attorneys work closely with our team of in-house nurse paralegals and outside medical consultants to investigate, evaluate and defend these health care providers and institutions from all manner of claims.
General Liability Claims
Regardless of whether you are a home owner, business owner, municipality or an insurer protecting a property owner’s interests, our firm has a lengthy history in handling claims for injuries by persons due to an alleged defective condition on the property or conditions which are alleged to have occurred as a consequence of the weather conditions which are endemic to the Western New York area, such as snow, ice, sleet or freezing rain. In addition to private individuals, we have experience in handling these matters for municipalities and public benefit corporations, and are familiar with the particularities associated with the General Municipal Law and Public Benefit Corporation Law as it pertains to defending these entities.
In addition to experience with litigation that has been brought by individuals claiming to have been injured on property, our firm is also experienced in handling claims for property damage, including fire loss and damage to the property itself.
Construction, Industrial Accidents and Products Liability
Owners, general contractors and subcontractors are often faced not only with the complexities associated with construction projects themselves, but also with defending claims by workers who claim to have been injured during the course of these projects. We have experience in the application of New York Labor Law §§200, 240, and 241(6) and their attendant regulations at both the trial and appellate court levels.
In addition to defending claims regarding construction accidents, our firm has experience in investigating, evaluating and defending claims for bodily injury or death regarding industrial equipment such as presses, man lifts or tow motors and other equipment associated with manufacturing. In addition, our attorneys are knowledgeable regarding the handling other types or product liability claims, both with respect to commercial or consumer products, where individuals claim that products were either defectively designed, manufactured, assembled or installed.
Motor Vehicle Claims
Our attorneys have experience in defending automobile, truck and motorcycle accident claims. Our firm’s experience in the medical negligence field gives our attorneys additional insight into the complex issues of serious injury threshold and damages questions which are often central to this area of litigation.
Professional Licensing
In addition to defending claims brought by third-parties, our firm also counsels and represents health care providers with respect to licensing issues before the various state agencies, including the Department of Health, Office of Mental Health, Department of Education or Office of Professional Medical Conduct.
Civil Rights Claims
In addition to defending actions involving alleged negligence, our firm has also been called upon to defend individuals and municipalities regarding claims pursuant to 42 U.S.C. §1983 by individuals who assert that their civil rights have been violated through arrest or denial of medical care at correctional facilities. Our team of attorneys features individuals admitted to the Western District of New York and the Second Circuit to handle these types of cases.
Insurance Coverage Disputes
We have experience in handling disputes between carriers regarding the applicability of coverage and also in representing both insureds and insurers in declaratory judgment actions when disputes arise surrounding whether an insurance policy provides coverage.
Patents, Trademarks and Copyrights
Patents, Trademarks and Copyrights directed to numerous products, processes, and systems, including medical devices and applications thereof. Please see Kevin D. McCarthy, Esq.’s biography for additional details.
Our firm is comprised of litigators who are admitted to both State and Federal Court. Our attorneys have extensive knowledge of the local legal landscape, and appear in all manner of courts throughout the region, from the town and village level through New York State Supreme Court and the Western District of New York. If you are a company, insurance carrier or out-of-town law firm looking for attorneys with local knowledge to handle matters pending in the Western New York area, we at Roach, Brown, McCarthy & Gruber, P.C. would be pleased if you would consider our firm to fulfill those needs.