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Johnson Eiesland Huffman & Clayborne Law Firm LLP
Business Planning
"A
business plan precisely defines your business, identifies your goals, and serves as your firm's resume. The basic components include a current and pro forma balance sheet, an income statement, and a cash flow analysis. It helps
you
allocate resources properly, handle unforeseen complications, and make good business decisions. Because it provides specific and organized information about your company and how you will repay borrowed money, a good business plan is a crucial part of any loan application. Additionally, it informs sales personnel, suppliers, and others about your operations and goals."
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Commercial Litigation
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Construction
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Contracts
"A
contract is a legally binding agreement in which property, goods or services are provided in exchange for money or other consideration."
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Corporations
Partnerships and S-Corporations
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Criminal
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Discrimination
Discrimination occurs when the civil rights of an individual are denied or
interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination based on a persons race, sex, religion, age, previous condition of servitude, physical limitation, national origin and in some instances sexual preference."
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Elder Law
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Employment Law
Wrongful Discharge, Sexual Harassment
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Healthcare Law
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Insurance Claim Disputes
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Landlord/Tenant
"You
are a tenant (or lessee) if you lease or rent a house, apartment or mobile
home. You also are a tenant if you lease or rent agricultural land. You are a landlord (or lessor) if you own any of the preceding and allow someone else to use them for payment. Remember, a lease is legally binding. If you have questions about the terms of lease, talk with your lawyer before you sign."
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Medical Malpractice
*Anesthesia *Birth Defects *Emergency Room Care *Medication Errors *Misdiagnosis *Surgical Procedures *Traumatic
Births
Unfortunately, doctors, nurses and hospitals sometimes make mistakes resulting in serious personal and financial problems. We help people harmed by medical mistakes.
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Nursing Home Abuse or Neglect
Putting a loved one in a nursing home is one of the most difficult
decision that a family ever makes. We want to select the right nursing home. We want a nursing home that we can trust to give the care and dignity that our loved ones need and deserve.
Nursing homes are paid to provide that care and dignity to the resident.
There are numerous state and federal laws and regulations which a nursing home must follow to ensure the safety and care of the individuals intrusted to them. Unfortunately, at times nursing homes put profit ahead of people.
They operate short on staff because it will help their "bottom line." They hire unqualified, poorly trained or unmotivated staff to attend to the residents. The result is substandard care and in a number of incidences outright
abuse. We are advocates for the nursing home residents. We have handled numerous cases throughout the state of South Dakota uncovering nursing home neglect and abuse is a primary mission of our firm. The nursing homes
cases are handled by Greg Eiesland and Aaron Eiesland who work with national experts in the field of nursing home care. We use all of the resources available to be an advocate for the resident and to work with the family.
There is no excuse for nursing home abuse or neglect. If you suspect
that there has been nursing home abuse or neglect, please feel free to call us at 1-800-998-3998.
WE CAN HELP
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Partnerships
Catastrophic Injuries/Personal Injury and Death
*Automobile Accident
*Bicycle Accident *Boating Accident *Brain Injury *Burn Injury *Construction Equipment Accident *Electrical Injury
*Farm Equipment Accident
*Motorcycle Accident *Pedestrian Accident *Paralysis & Spinal Cord Injury *Railroad Accident *Slip & Fall Injury *Wrongful Death
*Brain Injuries
There are approximately 400,000 brain injuries suffered each year in the United
States.
They range from mild to severe. Our law firm has worked with traumatic brain injuries for over twenty years. Often times an individual who has suffered a traumatic brain injury appears fin physically, but has numerous problems in dealing with every day life. We work with talented neurologists, neuropsychologists and therapists in providing knowledgeable representation on the cause and treatment of traumatic brain injuries.
*Paraplegia and Quadriplegic
We have worked in the area of trauma induced paraplegia and quadriplegic for over twenty years.
We work closely with talented neurosurgeons, neurologists, orthopedic surgeons, physical therapists and occupational therapists in representing clients with these difficult injuries.
*Personal Injury
Over the years, our attorneys have handled hundreds of automobile accidents.
Many of them have had unique issues regarding liability or damage to an individual. We have tried numerous cases where the clients and us determined that the amount offered by the insurance company was inadequate. Insurers know that if they do not offer an adequate amount for our clients, we will aggressively pursue the case at trial. It is always our client's decision on whether or not to settle the case. The client has the ultimate authority to accept or reject a settlement offer. We will always give our recommendation to the client and our assessment of the case. We prepare a case for trial. If the defendant's insurer offers a fair amount, the case gets settled. If they will not offer a fair amount we are fully prepared to skillfully try the case.
Aside from automobile cases, we have handled personal injury cases as varied as slippery
floors, faulty steps, faulty sidewalks, falling objects, exploding fireworks displays, faulty highway design, removed highway signs, ski slope design, parking lot assaults, and negligent supervision of children.
*Wrongful Death
The death of a loved one caused by the negligence of another is always a catastrophic and life changing event. There are special considerations that are made in counseling the
family.
There are also unique South Dakota statutes and case law which must be taken into consideration in representing the family of a deceased loved one. Our firm has handled wrongful death cases for over twenty years. The cases range from the death of a newborn child to the death of elderly individuals in nursing homes.
In each of these catastrophic injuries and death, it is important that the family choose
an attorney that is experienced in the field and understands the law and medicine involved, as well as the impact on the family.
We have both tried and settled cases with these catastrophic injuries.
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Premises Liability
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Probate
"Any
person who dies owning property must take provision for the distribution of those assets. In many instances this is done by a probate proceeding. If there is a will devising the property, there will be a testate
proceeding. When there is no will, there will be an intestate probate proceeding."
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Product Liability
We have handled and tried numerous types of products liability cases. Some of the cases we have been involved with over the last 25 years include:
cranes, dozers, packers, forklifts, construction equipment, lathes, automobiles, recreational vehicles, transmissions, truck rims, tires, trucks, inadequate rollover protection devices, hydraulic systems, braking systems, mowers, hot water heaters, propane tanks, stoves, heaters, furnaces, television sets, flammable clothing, heart valves, pacemakers, defective replacement hips, defective catheters, pharmaceuticals, and herbal drugs.
The expert witnesses can sometimes be found locally, but oftentimes we need expertise
that is not found in the area. We work with nationally known experts in numerous fields of engineering to investigate and assess a potential products liability case.
The case may involve design flaws, metal fatigue, ergonomics, manufacturing errors, or a host of other problems.
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Property Damage
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Real Estate
"Real
property is land together with any improvements attached thereto. It also
may be referred to as 'real estate' or 'realty'. For many people, buying a home is the single most significant financial step of a lifetime. Involving your lawyer at the appropriate time in the process can help avoid costly mistakes."
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Sexual Harassment
"Unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." (47 SD Law Review 430)
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Toxic Torts
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Trucking Accidents
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Wills, Estate and Probate
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