Timothy F. Devereux is a Partner at Wagner Reese, LLP, an Indianapolis-based personal injury law firm. With over 30 years of legal experience, he specializes in product liability, construction site injuries, industrial accidents, and catastrophic personal injury cases. Licensed in Indiana, Illinois, Texas, and Colorado, Timothy has argued cases before the Indiana and Colorado Supreme Courts, the 7th and 10th Circuit Courts of Appeals, and the Indiana Court of Appeals. He serves on the Board of Directors for the Indiana Trial Lawyers Association, has held leadership roles in the Indianapolis Bar Association, including serving as Vice President, and is a nationally published author in Matthew Bender’s Products Liability Practice Guide.

Here’s a glimpse of what you’ll learn: 

• [0:52] Timothy F. Devereux shares case examples of catastrophic injuries and major accident claims
• [3:44] Navigating federal regulations associated with construction and traffic backups
• [6:40] Industrial versus construction site injury cases under OSHA regulations
• [8:50] The legal concept of a nondelegable duty of safety in construction projects
• [16:07] How can attorneys prove liability through conduct when contract terms are unclear?
• [17:32] Timothy’s favorite part of trials: engaging with jurors during voir dire
• [21:14] How plaintiff lawyers have driven critical safety changes in consumer products
• [30:15] Timothy’s approach to mentoring young lawyers

In this episode…

A routine drive or a day at work should never end in tragedy, but accidents caused by negligence happen far too often. From bridge collapses to unsafe construction sites, safety failures put lives at risk and leave victims searching for justice. When multiple parties are involved, how do litigators determine liability, and what legal avenues exist for those affected?

Seasoned trial lawyer Timothy F. Devereux has dedicated his legal career to tackling these intricate construction and industrial liability cases. He demystifies the complexities of liability, demonstrating how federal regulations, contractual obligations, and nondelegable duties impact fault determination. With real case examples, including a devastating bridge collapse and a worker falling into an open elevator shaft, Timothy offers insights into how legal professionals uncover negligence and hold responsible parties accountable. He highlights the importance of thorough investigations, proactive safety measures, and in-depth knowledge of the legal avenues available for victims.

In this episode of Circle City Conversations, Alex Limontes continues the special fireside chat with Timothy F. Devereux, Partner at Wagner Reese, LLP, as they explore the legal challenges of construction and industrial accident cases. Timothy discusses liability through contracts and conduct, how plaintiff lawyers drive critical safety changes in consumer products, and the role of federal regulations in preventing traffic-related injuries. He also delves into voir dire strategies and punitive relief in Indiana.

Resources mentioned in this episode:

• Alex Limontes: LinkedIn | Bio | Facebook 
• Hurst Limontes LLC
• Timothy F. Devereux on LinkedIn
• Wagner Reese, LLP
• Indiana Trial Lawyers Association
• Indianapolis Bar Association

Quotable Moments: 

• “I always teased my friends that I handle the kind of cases you never want to have to hire me for.”
• “Assume the best piece of evidence you could possibly want in the case exists — and dig for it.”
• “Thanks to plaintiff’s lawyers, we don’t have flammable kids’ pajamas, garage doors that crush children, or Pintos that blow up.”
• “Nondelegable duty of safety means that you have a duty of safety that you cannot delegate away.”
• “If you don’t ask for it — if you don’t look for it, you’re not going to find it.”

Action Steps: 

1. Investigate nondelegable duties in construction cases: Understanding whether a general contractor has assumed a nondelegable duty of safety can determine liability. Identifying this responsibility is crucial for ensuring injured workers receive the compensation they deserve.
2. Examine contracts for hidden liability clauses: Contracts often contain language that defines responsibility for workplace safety, sometimes shifting liability unexpectedly. Knowing where to look can make the difference in proving fault in a construction or industrial accident case.
3. Document safety violations thoroughly: Keeping a record of safety infractions can serve as critical evidence in legal proceedings. A history of overlooked violations strengthens claims of negligence against responsible parties.
4. Always assume the “smoking gun” evidence exists: By investigating as if the most damaging evidence is out there, lawyers can uncover crucial documents or testimony. This approach has helped expose companies that knowingly put people at risk.
5. Advocate for stricter enforcement of safety regulations: Many tragic accidents result from companies cutting corners on safety measures. Holding negligent parties accountable can drive industry-wide changes that prevent future injuries.

Sponsor for this episode…

This episode is brought to you by Hurst Limontes LLC — a personal injury law firm based in Indiana.

Founded in 1981, Hurst Limontes LLC is one of the few firms whose practice focuses exclusively on victims of negligence and their families.

With more than 116 years of combined experience among our attorneys, you can trust us to handle your cases with valuable and extensive expertise. We have the knowledge to handle any case — from automobile accidents to construction site accidents, firearm discharge accidents, slips and falls, and more.

No matter how complex the case or how significant the injury is, we aim to make the process as stress-free as possible for clients.

Our attorneys have represented thousands of injured clients and obtained hundreds of millions of dollars in settlements and verdicts.

Have you or a family member been a personal injury victim in Indiana? Contact our dedicated team of personal injury lawyers at hurstlimontes.com or email alimontes@hurstlimontes.com.