Hofmann & Schweitzer has a national reputation for creative and professional handling of major personal injury and death cases. The firm, founded in 1977, carried on the work of our predecessors who advocated for seamen's and railroad workers rights in the 1950's and 1960's, with many Supreme Court victories to their credit. Today, we have expanded our practice to represent many construction trade members, including carpenters, dock builders, electricians, iron workers, laborers, lathers, operating engineers, dredge men and a host of other specialties.
In 1977, the firm was formed, representing injured workers as well as a major transportation labor union. Over time, the name and the membership of the firm has evolved, but the focus is still upon representing the "little guy" against the well-funded corporations and insurance companies. Hofmann & Schweitzer exclusively represents the interests of victims of serious accidents, and is not beholden to any corporation or insurance company. Thus, it is able to completely focus on representing those who have been seriously injured.
Paul T. Hofmann, Esq. has more than 29 years of seasoned trial litigation experience, and has been a driving force in developing new and better ways to successfully represent the interests of his clients. Mr. Hofmann and his firm has handled many major lawsuits to successful conclusion, including numerous million dollar verdicts and settlements.
Tim Schweitzer has over a decade legal experience added to his more than a decade of hands-on experience in the construction industry, doing excavation, pile driving, form work, dock building and other heavy construction labor. As hard-working as he was on the job-site he is now in the courtroom. Tim also is an officer in the Admiralty Law Section of the American Association for Justice (AAJ), one of the preeminent organizations fighting for victims' rights and educating specialists who practice maritime law.
CASE RESULTS:
The extent of our firms experience and knowledge is exemplified in the myriad of cases we have handled which have resulted in reported decisions. Below is a non-exclusive list of many of the major cases we have handled which resulted in reported decisions. These decisions show the nature of the diversity of maritime law, construction law and personal injury litigation topics with which we have developed expertise.
Deisler v. McCormack Aggregates, Co., 54 F.3d 1074, 1087 (3rd Cir. 1995) (decision upholding awards of maintenance and cure, compensatory damages and attorneys fees).
Brogan v. United New York Sandy Hook Pilots' Association, Inc., 213 F.Supp.2d 432 (D.N.J. 2002) (upholding award to pilot injured during boarding procedure).
Abbud v. City of New York, 1997 WL 633463 (S.D.N.Y. 1998) affd 159 F.3d 1345 (1998) (regarding interplay of maritime and New York Labor Law)
Olsen v. James Miller Marine Service, Inc., 791 N.Y.S.2d 92 (1st Dept. 2005) (injured dockbuilder who fell through hole on a barge entitled to assert cause of action under Labor Law § 240 and 241, along with cause of action against the vessel owner for 905(b) negligence)
Cammon v. City of New York, 95 N.Y.2d 583 (2000) rehearing denied, 96 N.Y.2d 793 (Ct. App. 2001) (seminal case from New York Court of Appeals finding maritime construction workers covered by LHWCA may assert causes of action against landowners under New York Labor Law)
Eriksen v. Long Island Lighting Co., 236 A.D.2d 439 (2d Dept. 1997) (Precursor to Cammon obtained in Appellate Division, upon which Cammon analysis was built.)
Becker v. Poling Transportation Corp., 356 F.3d 381 (2d Cir. 2004) (Applying novel Restatement of Torts provisions to claim of seaman badly burned in a barge explosion)
Garner v. Energy Transportation Corporation,1996 U.S. App. LEXIS 15368 (2d Cir. 1996) (seaman's personal injury claim wherein defendant's counsel challenged every aspect of
Marcic v. Reinauer Transportation , 397 F.3d 120 (2d Cir. 2005) (decision regarding whether a seaman's contract setting a minimum of $15/day permits the seaman to prove in court a higher amount, as a matter of contract interpretation)
Dahingo v. Royal Caribbean Cruises, Ltd., 312 F.Supp. 2d 440 (S.D.N.Y. 2004). (Class action decision under Seaman's Wage Act holding that late filed claims appropriately rejected, but that timely, unsigned claims can be signed and resubmitted)
Wesley v. City of New York, 2010 N.Y. App. Div. LEXIS 6815 (1st Dept. 2010) Seaman ferry worker injured through unseaworthy chain fall system. One of handful of decisions finding that unseaworthiness can be determined in plaintiff's favor on motion for summary judgment)
Razo v. Nordic Empress Shipping, Inc. 2009 U.S. App. LEXIS 23713 (3d Cir. 2009), (affirming Razo v. Nordic Empress Shipping, Inc., 2008 U.S. Dist. LEXIS 57618 (D.N.J. 2008)). (Filipino seaman sued vessel owner, Nordic Empress Shipping, Inc. and his separate employer, Royal Caribbean Cruises, Ltd. for injuries resulting from a defective lifeboat which fell some 60 feet to the water below with him and several other crewmembers in it. The court held that seaman's arbitration clause with employer did not apply to separate subsidiary ship owner)
Harrison v. State of New York, 88 A.D.3d 951 (2d Dept. 2011). (Did fall of a 150-200 pound generator from edge of wall along pier unto a tugboat properly invoke protections of New York Labor Law § 240)
Lee v. Astoria Generating Co., L.P., 55 A.D.3d 124 (1st Dept. 2010) reversed by Lee v. Astoria Generating Co., L.P., 13 N.Y.3d 382, cert. denied --- U.S. ----, 131 S.Ct. 215 (2011) (whether a barge nearly permanently affixed to the land, used as a power plant, and not having been moved in past decade constitutes a vessel in navigation)
Aragona v. State of New York, 74 A.D.3d 1260 (2d Dept. 2010) (reversing summary judgment for defendant and applying certain provisions of the New York Industrial Code in construction workers' injury claim in bridge construction project)
Rodriquez-Alvarez v. Bermuda Star Lines, 898 F.2d 312 (2d Cir. 1990)(seaman entitled to actual costs of food and lodging for maintenance rate, attorneys fee awardable for failure to provide proper maintenance and cure) Alvarez-Rodriquez
Aggarao v. MOL Ship Management, Inc., 675 F.3d 355 (4th Cir. 2012) (Filipino seafarer rendered paraplegic on ship in U.S. harbor not entitled to sue in the United States due to arbitration clause incorporated in his contract)
Olsen v. Reinauer Transportation Companies, L.P., 300 A.D.2d 76 (1st Dept. 2002) (holding that Shipowner's Limitation of Liability Act cannot be raised as a defense in state court as there is no admiralty jurisdiction)
Angeles v. Norwegian Cruise Lines, Inc., 2002 WL 1997898 (S.D.N.Y., 2002) (holding that seafarer's contract alleged arbitration clause not enforceable if no proof that seafarer signed agreement)
Guenther v. Sedco, Inc., 1998 WL 898349 (S.D.N.Y. 1998) (Denying defendants motion to dismiss seafarers class action under Seaman's Wage Act)
Calcaterra v. City of New York, 45 A.D.3d 270 (1st Dept. 2007) (construction worker generally assigned to work barge could be considered a seaman for Jones Act purposes)
Coppinger v. Metro-North Commuter Railroad, 861 F.2d 33 (2d Cir. 1988) (Railroad worker's civil rights action not preempted by Railway Labor Act)
When someone is seriously injured, that person is not the only one who suffers. A major accident can impact the entire family, especially if the injured victim is the main breadwinner. If you have a loved one who has been hurt in a construction accident, maritime accident, railroad accident or other catastrophic event, you need to know that you do not have to face the situation alone.
You may be overwhelmed, wondering how you are going to make ends meet. We understand how an injury can affect the entire family and we can help you. Contact the experienced New Jersey and New York accident attorneys at the law firm of Hofmann & Schweitzer to find out your legal options. You can reach us at our New York office at 212-465-8840, our New Jersey office at 908-393-5662 or Toll Free at 1-800-362-9329.You can also text your questions to 856-371-5703 7 days a week 24 hours a day.
One of the first concerns people have following a work accident or other personal injury is how they are going to pay their medical expenses and household bills. Depending on the details of the accident, including what caused it, compensation may be available. This can help cover your expenses, pre-settlement litigation funding and give you peace of mind.
Trendsetters in Shaping Maritime, Construction & Personal Injury Law
At the law firm of Hofmann & Schweitzer, we are not afraid to fight the big corporations and take on tough legal issues. We have gone after some of the largest corporations, shipping companies and construction companies with favorable results. As our client, you will be represented by a knowledgeable injury lawyer who has the background and resources to win your case. We spare no reasonable expense when it comes to investigating injury claims.
Some of the types of cases we specialize in include the following:
- Maritime accidents
- Jones Act lawsuits
- Longshore and Harbor Workers' Compensation Act claims
- Construction accidents
- Railroad accidents
- Railroad passenger injuries
- FELA claims
- Work injuries
- Car accidents
- Slip and falls
- Brain injuries
- Reflex Sympathetic Dystrophy (R.S.D.) and Complex Regional Pain Syndrome (C.R.P.S.)
We Prepare Every Case As If We are Going to Trial
To have a well-prepared case, you have to have the mindset that you will be going to trial. Our New York and New Jersey accident lawyers take the time to investigate and prepare every claim as if we will be going to trial. While we do settle some cases outside of court, we only settle when you are satisfied with the offer.
Our law firm does not hesitate to spend money to properly prepare cases. We use the best experts in various fields to strengthen our clients' claims. Our attorneys continue to probe until they feel they have uncovered every detail relating to the case.
Representing Injured Victims Since 1977
Our law firm has been helping injured victims and their families for over three decades. Paul T. Hofmann, Esq. has 30 years of legal experience and has been named a Super Lawyer for four years running, which recognizes lawyers who have obtained a high level of peer recognition and professional achievement. Tim Schweitzer has more than a decade of legal experience and is an officer in the Admiralty Law Section of the American Association for Justice (AAJ), which is an esteemed organization that fights for victims' rights.
Contact us today at our New York office at 212-465-8840 our New Jersey office at 908-393-5662 or toll free at 1-800-362-9329 for answers to your legal questions. You can also text your questions to 856-371-5703 7 days a week 24 hours a day.
We represent maritime cases throughout the country, including the east coast, west coast and Gulf of Mexico. Our law firm handles construction and railroad cases in all of New York and New Jersey. In addition, we represent general personal injury claims in the metropolitan areas of New Jersey and New York, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island.
