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Practice Areas

Loeschen Law Firm, PLLC > Practice Areas

Areas of Practice

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Personal Injury Law

Aviation

Since, the mid 1990’s the Loeschen Law Firm has represented passengers injured in the course and scope of air travel. Runway incursions, engine malfunctions and pilot negligence are all factors which contribute to passenger injuries. Passengers injured through no fault of their own and pilots injured by improperly maintained aircraft have been clients of the firm. Knowing what to look for in an aviation related injury and doing so promptly before that evidence disappears is critical to successfully litigating these types of claims.

 

The Loeschen Law Firm maintains excellent relationships with experts in forensic aviation analysis and knows how to preserve and protect passenger and pilot claims in the event a third party is responsible for the accident or injury.

Salem Automobile Accidents

The vast majority of personal injury claims arise out of car crashes. While serious car accidents can result in death and disfigurement, even a “low impact” motor vehicle accident can have a devastating effect on the human body, resulting in soft tissue injuries, injuries to the spine or neck and/or injuries to the internal organs. Often these injuries are not apparent until several days after the accident occurs. When the injuries are severe, extended hospitalization is often required. Insurance carriers push auto accident claims hard and clear them fast. The property damage involved in a car accident is usually settled promptly without much objection from the insurance carrier. When personal injuries are involved the carrier will often make a pass to settle that portion of the insurance claim as well.

 

The person injured in a car accident has various rights based upon how the accident occurred, whether they were a driver, a passenger and the types, levels and amounts of insurance involved. Different states have different laws that affect how insurance is implemented when multiple policies are involved. Different policies provide different types of coverage. Often adjusters that are trying to get a claim settled will be unaware of how to handle these situations and are simply interested in a release of liability for a minor amount.

 

When you have a claim against an insurance carrier as a result of a car accident, State Farm is not a good neighbor, Nationwide is not on your side, and you are not in good hands with AllState. Your relationship with the insurance company, even your own, is often adversarial, and you are well served to seek advice from an attorney. Even if you are involved in a minor fenderbender, please call. We will tell you if it is something that you can handle on your own, but you need to have the right information first.

Medical Malpractice

The Loeschen Law firm represents persons who have been injured as a result of negligent care, treatment or misdiagnosis by health care professionals, their staff, or the persons responsible for operating procedures or any other underlying services that may be performed at the direction of the health care professionals providing treatment. When coupled with a patient’s weakened state due to medical procedure, sickness, or both, even a minor deviation from the standard medical care procedures can result in catastrophic results.

 

The issue in any medical negligence case is whether the harm that resulted was due to a deviation from the accepted standards of medical care in the community. Often the injury is caused by a procedure that occurred in combination with other actions. Consequently, it is important to look beyond the resulting injury to determine if the actions of a health care provider constitute negligence.

 

The firm represents  individuals and their families who are injured by the negligence of a hospital or a health care provider.  A missed diagnosis,  the failure to follow standard medical or operating procedures, improper administration of medications or failure to timely treat  an injury or disease can constitute medical malpractice.  The multiple releases the patient or family member signs on admission  do not relieve the hospital or the health care provider of their responsibility to administer proper care and treatment of an individual.   While medical care or treatment may not always be successful,  medical malpractice claims arise when the care or treatment does not meet the commonly accepted standards of care within the community.  These claims are more common when hospitals are run with too few staff,  doctors don’t have enough time to see patients to do a thorough examination,  or a nurse is in too much of a hurry to  document a chart properly.  If something feels like it is “off”  or you are being  given vague answers to complications arising out of a medical procedure, there may be a problem.  The firm retains a variety of medical experts who can review the history of treatment to see if the injury is the result of medical negligence.

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Business Law

Business Law Lawyer

Business Law

For 26 years John M. Loeschen has represented large and small businesses, municipalities, boards and public entities. The Firm has been retained as General Counsel to handle a wide range of matters from mergers and acquisitions of multi-million dollar businesses to setting up single owner LLCs. Purchase and sale agreements, operating agreements, corporate governance, franchise distributions and litigation all fall within the Loeschen Law Firm’s area of expertise. Intellectual property protection, computer espionage and computer trespassing have been an increasing area of the firm’s representation in recent years.

 

Intellectual Property (IP)

In an era of community web sites, blogs, electronic forums and various sites that encourage the sharing of information, there are always opportunities to expose design ideas, concepts, schematics, drawings which can be adapted for a viable program, product or purpose. While these sources of information are a valuable resource, they also lend themselves to corporate espionage and misappropriation of different types of intellectual property. The Loeschen Law firm knows how to protect intellectual property and to pursue claims against those who misappropriate such information. The key to protecting intellectual property is to put those protections in place before it is in the public domain, and the Loeschen Law firm knows how to do that.

 

Contract Disputes

A large part of the Loeschen Law Firm practice concerns contractual matters and particularly, contract disputes. The firm serves as General Counsel for several corporations and works with contracts or all kinds on a regular basis. Even the most simple contracts should be in writing. The job of counsel is to make sure that all the essential provisions of the transaction are in place: terms, conditions, time of performance, interest, legal jurisdiction and damages in the event of breach should all be included in any contract. Many contracts are for services where one person agrees to provide some benefit or service to the other. Intellectual property rights, and the right of access to disclosure of information between the parties in the course of providing those services should be considered in a contract as well.

 

Covenants not to Compete

Covenants not to compete with another potential employer can be complicated. A covenant not to compete prohibits and employee form working for the competitor or potential competitor of a business for a period of time in a particular geographic area. Covenants not to compete are usually only applied to employees that have access to sensitive or trade secret information of the employer, such as sales contact information, technological information, or materials processing. The more information the employee has, the more restrictive the covenant not to compete is likely to be. In most circumstances a covenant not to compete can be enforced for six months up to a year, and for a radius of up to 50 miles. A time or distance beyond these limits in most cases is not likely to be enforceable. Generally a covenant not to compete will only be enforceable with a direct competitor, not necessarily an entire industry. For example, a software game manufacturer may be likely to enforce a covenant not to compete with another electronic game company, but not the entire computer software industry.

 

Slander, Libel and Defamation

The Loeschen Law Firm handles libel (printed false statements) and slander (oral false statements) cases. Both types of cases fall under the broad definition of defamation. If the statements are specific as to a time, date, place, particular type of conduct that is demonstrably false and were published to a third party, there may be grounds for a defamation claim. Typically in these types of cases the Plaintiff must be able to show that there was some type of damages suffered. This means that the Plaintiff must show that there was injury to reputation, and some tangible loss that can be measured in damages. For example, the loss of a job opportunity, a refusal to enter into a contractual arrangement or some similar type of economic harm. While proof of economic loss is not always necessary, the difficulty of proving damages in these types of cases usually requires some proof of economic loss.

 

Health & Employment Records

Given the prevalence of cyber attacks and security hacking of electronic information, confidentiality in health and employment records is more important than ever. The Loeschen Law Firm knows what is necessary to secure your health and employment records, and knows how to hold those persons accountable who don’t. Often employers will not release employment records to an employee. The Virginia Code allows an employee to obtain employment records at a nominal cost from the employer under certain circumstances. The Firm can assist in meeting those criteria in order to get all employment records that are available. For employers, the Firm has previously served as General Counsel to several businesses and can advise as to when it is appropriate to release employee records and when those records should remain confidential. Health care providers have special obligations under the Health Information Portability and Accountability Act. Release of records can be authorized only in certain circumstances and with appropriate releases. The penalty for an unauthorized release under HIPAA is severe and any release of records should be undertaken with caution.

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Employment Law

Roanoke Employment Law Attorney

Employment Law and Labor Relations

In addition to his legal training, John Loeschen is trained in as an arbitrator and mediator. The Loeschen Law Firm has represented management and employees on all matters of labor relations. The firm has successfully represented both management and employees in civil rights litigation, wrongful termination claims, contract and labor disputes. The firm regularly represents employees and employers in labor arbitrations and panel hearings. The Loeschen Law Firm also serves as general counsel to several unions in southwest Virginia. The Loeschen Law Firm has experience drafting enforceable non-compete agreements as well as successfully challenging those which are not enforceable.

 

The Loeschen Law Firm has experience in matters concerning professional employment contracts, from both a litigation standpoint as well as in negotiating individual employment positions for professionals. Severance packages, bonuses and intellectual property issues are frequently handled by the Loeschen Law Firm.

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Traffic Violations

Traffic Offenses

For 26 years the Loeschen Law Firm has represented persons in all type of traffic offenses. Having former experience as a prosecutor, John Loeschen knows how to defend clients against speeding tickets, reckless driving charges, failed equipment, improper driving and DUIs. Many times these charges can be handled efficiently and without the need of a court dater hearing scheduled.

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