Practice Areas

        Smith & DeBonis are Lake County Indiana attorneys engaged in the general practice of law. While the firm is capable of handling a broad range of legal problems encountered by its clients, the members of the firm concentrate primarily on the following areas:

PERSONAL INJURY
CAR ACCIDENTS
MOTORCYCLE ACCIDENTS
BOAT ACCIDENTS
WRONGFUL DEATH
PREMISE LIABILITY
MEDICAL MALPRACTICE
LEGAL MALPRACTICE
PRODUCTS LIABILITY
ENVIRONMENTAL LAW
GOVERNMENTAL LAW
CIVIL RIGHTS
EMPLOYMENT LAW
INSURANCE DISPUTES BETWEEN INSURER AND INSURED

Personal Injury

         The phase "personal injury" is used chiefly in connection with actions based in tort for negligence. In the State of Indiana, the tort of negligence is comprised of three (3) elements:

Cowe v. Forum Group, Inc., 575 N.E.2d 630, 636 (Ind. 1991). Negligence cases usually deal with someone doing something that they should not have done, or failing to do something that they should have done for the benefit of another. Automobile accidents, trucking accidents, explosions, burns, electrocution, failure to provide supervision or security, and boating accidents are examples of situations in which a negligence cause of action may arise due to the actions of a third party. Smith & DeBonis has been able to obtain multi-million dollar verdicts for our clients based upon the negligent conduct of others. Many of these verdicts are listed in the verdict section of this web site. Smith & DeBonis has also been able to obtained multi-million dollar settlements for its client through mediation and arbitration, however, many of these settlements are subject to non-disclosure agreements which means that neither party to the settlement may disclose the terms to a third party.

On September 20, 2001, Smith & DeBonis was able to obtain a jury verdict of $634,638.76 in the case of Wally Pasinsko & Delta M. Johnson v. Lake County, et al. in the Lake Superior Court, Room Five in Hammond, Indiana. Mr Pasinsko was in a severe automobile accident which resulted in a severe fracture of his left ankle. The damage to his vehicle is depicted in the following photograph:

Wrongful Death

        A wrongful death means the untimely death of a person as a result of negligence, or other wrongful conduct of another. Wrongful death cases may arise from the following instances: plane crashes, car accidents, medical malpractice, products liability, premise liability and causes of action based in negligence. In the State of Indiana, wrongful death causes of action were created by statute. Under the English common law, no such cause of action existed after the injured party pasted away. To remedy this problem, the Indiana Legislature passed the Wrongful Death Act. Pursuant to this act, an estate in the name of the party that died as a result of the wrongful act of another must be opened within two (2) of the date of the wrongful act, or the cause of action will be barred by the running of the statute of limitations. The Wrongful Death Act also specifically list the types of damages that the estate may recover which includes: medical bills, future lost wages, loss of love and affection, loss of support, and several of types of damages.

In July of 1999, Smith & DeBonis was able to obtain a settlement in the amount of $2.2 Million dollars ($2,200,000.00) in the case of Sophia Myers, Personal Representative of the Estate of Kevin Lynn Myers v. Delco, Inc. et al., Porter Superior Court, Cause No. 64D02-9611- CP-2928. This wrongful death case centered on the explosion of a boiler which resulted in the death of several workers. The damage is depicted in the following photograph taken at the scene:

        In August of 1995, Smith & DeBonis was able to obtain a settlement on the third day of trial in the amount of One Million dollars ($1,000,000.00) in the case of Marlene S. Mitzner, as personal representative of the Estate of James Lowell Mitzner v. William K. Corning, LaPorte Superior Court, Cause No. 46D03-9311-CP-281.

This wrongful death case centered on a semi-tractor trailer traveling at a high rate of speed which proceeded to collide with the vehicle driven by Mr. Mitzner resulting in his death. The severity of the impact is depicted in the following photograph taken at the scene:

Premises Liability

        Traditionally, a landowner has owed a duty to exercise due care to keep their property in a reasonably safe condition for persons who enter upon their property. Landowners are also required to protect persons who enter upon their property from dangers that they may not discover which present an unreasonable risk of danger to them. A premises liability case may include recovery for injuries caused by slip and falls, criminal assaults, personal injuries due to hidden dangers, failure to warn of danger, dangerous construction zones, falling debris, swimming pool accidents and others. Several of the verdicts listed under our verdict section were based upon premises liability cases of action. Smith & DeBonis was also able to obtain a settlement in excess of $40 Million dollar ($40,000,000.00) due to property damage from a public utility company.

Medical/Professional Malpractice

        Smith & DeBonis is experienced at representing clients that have been wronged by both legal and medical professionals. Both legal and medical professionals owe a duty to ensure that their conduct meets standards set within their professional communities. A breach of this duty which results in the person receiving injury will entitle that person to proceed with a cause of action to recover for these injuries. Examples of medical malpractice cases currently being handled by Smith & DeBonis range from failure to diagnose breast cancer to mistakes made during surgery. For example, Smith & DeBonis recently recovered $425,000 for a patient from her surgeon and the State of Indiana for injuries sustained during a laparoscopic operation to remove her gall bladder. The surgeon had cut the wrong bile duct, and then negligently attempted to repair the damage in a second operation which failed, necessitating emergency surgery at a major medical center.

Products Liability

        Products liability is a cause of action which entitles users of defective products to recover for injuries they receive from their use of the products. The law may hold the manufacture of the product strictly liable for injuries that are caused by the product.

Smith & DeBonis have been involved in a number of products liability cases which have included: breast implants; pedical screws and asbestos exposure which were cases dealing with exposure or insertion in the body of the device. Smith & DeBonis also handles cases which are focused on injuries caused by using a defective product. An example of a case recently settled by our office dealt with a hydraulic hose exploding in the hand of a worker resulting in the worker losing a portion of his hand. Smith & DeBonis was able to get a six-figure settlement for the worker. The hose is shown in the following picture:

Environmental Law

        Smith & DeBonis has had broad experience representing both private entities and governmental organizations in environmental matters. The firm is experienced in negotiating and litigating matters involving air quality and water pollution, and is among a handful of law firms in Northwest Indiana who actually deals in "brownfield" issues. The firm counts among its clients providers of solid waste disposal services, industries with environmental concerns, and municipal and other special purpose governments who operate publicly owned treatment plants and waste processing facilities. For example, the firm has acted for many years as legal counsel to the City of East Chicago Sanitary District, and was instrumental in writing the legislation which created the East Chicago Waterway Management District which is in charge of supervising the clean up of the Indiana Harbor Ship Canal, one of the most important navigable waterways in the midwest.

Governmental Law

        Both state and local governments have repeatedly sought the counsel and representation of Smith & DeBonis in a wide variety of problems involving governmental matters. Smith & DeBonis also represent individuals and businesses on a regular basis in dealings with local governments including such areas as environmental regulation, zoning, land use, eminent domain, condemnation, civil rights, and fiscal and tax issues.

        Likewise, Smith & DeBonis practices in the field representing a number of municipalities and special purpose governments which includes fire civil service commissions, sanitary districts, a waterway management district, and the provision of litigation services to several cities and towns.

        Smith & DeBonis has been instrumental in several recent local government and public law initiatives:

Civil Rights

        Smith & DeBonis has been very actively involved in pursuing federal causes of action to protect the constitutional rights of our clients. The Congress has pasted several federal statutes to protect a person’s constitutional rights which are designed to protect against discrimination based upon a person’s age, race, sex, ethnicity and/or religion. Congress has passed laws that also protect a person from being discriminated based upon a known disability, and protects persons from constitutional violations by government, including police brutality and failures by paramedics and firefighters. Smith & DeBonis achieved a settlement worth more than $90,000 for a university professor wrongfully denied employment advancement on account of race and gender after filing a charge of discrimination with the United States Office of Equal Employment Opportunity.

Employment Law

        Professionals and other individuals requiring counseling and representation with respect to employment often seek the advice and representation of Smith & DeBonis. Preparation of employment contracts, evaluation of cases in the fields of wages and hours, and labor management relations are also handled by the firm on a regular basis. In such fields as defense workers compensation and employment security matters, Smith & DeBonis regularly provides employment law support to businesses and consults regularly on issues of tortuous interference with employment relations, wrongful discharge, collective bargaining agreements, and civil service employment at all levels.

Insurance Disputes between Insurer and Insured

         The law firm Smith & DeBonis, LLC deals with disputes between insurers and insureds on a regular basis. Insurance companies seem to have taken a much more aggressive approach with their insureds as it relates to claims and making payments to their insureds. In the State of Indiana, the insurance company has a duty of good faith and fair dealings that it owes to its insureds. Erie, Ins. Comp v. Hickman, 622 N.E.2d 515 (Ind. 1993). The Indiana Supreme Court noted that an insurance company was to refrain from making an unfounded refusal to pay policy proceeds; caused an unfounded delay in making payments; deceiving the insured; and/or exercising any unfair advantage to pressure an insured into a settlement claim. The Indiana Supreme Court went on to state that this was not an exclusive list but simply an example of conduct an insurance company is to refrain from in dealing with its insureds.

        Smith & DeBonis LLC has recently handled a claim where an insured was denied coverage for medical bills incurred while the insured was in the hospital. The insured had received prior consent for medical care and treatment at the hospital from her insurance company which resulted in medical bills to an excess of $20,000.00. After the insured received the medical care and treatment, the insurance company decided to deny the coverage based upon an alleged exclusion contained within the policy of insurance. As a result of the insurance company's denial, the insured was required to obtain a second mortgage on her home in an attempt to pay medical bills which she had incurred. The insured retained the law firm of Smith & DeBonis, LLC in hopes of getting these medical bills paid on her behalf. After a review of the policy and facts of the case demonstrated that the insurance company was acting in bad faith by failing to pay the medical bills the insured had incurred. Smith & DeBonis was successful in obtaining a settlement for the insured which was subject to a confidentiality agreement.

If you do not see a menu at the top left of this page, click here