Areas of Practice
The attorneys in our law firm represent clients in full range of cases involving personal injury, wrongful death, and subrogation matters including: auto/truck accidents, construction/industrial accidents, insurance claims, medical malpractice, nursing home negligence, civil, family law, adoptions and criminal law and other types of plaintiff cases.
Civil law
Personal injury, wrongful death and including: auto/truck accidents, products injuries, construction defects/accidents, and workers compensation.
Medical Malpractice
Smiling, Smiling & Burgess provides litigation consultation and representation to medical professionals, hospitals and patients where allegations of medical/dental negligence are involved. Attorneys in our firm currently serve as members on medical malpractice defense committees organized by the Oklahoma Association of Defense Counsel.
Every patient is entitled to treatment which meets a standard of care applicable to every professional engaged in the practice of the involved medical or dental specialty. Our lawyers have the experience and background to recognize treatment which falls below that standard, as well as the commitment and fortitude to litigate those claims.
At Smiling, Smiling & Burgess, we specialize in getting the job done fairly, honestly, and credibly. You can count on that promise.
Trucking & Transportation Litigation
Smiling, Smiling & Burgess is one of Oklahoma's most unique transportation litigation law firms, providing expertise in defending trucking companies in personal injury, wrongful death, and related highway transportation accident litigation.
Our firm professionally and vigorously defends various transportation related manufacturing and trucking companies in major catastrophic jury trials...and with excellent results. Our meticulous attention to detail and thorough preparation for trial translates into the best and optimum outcome for our clients.
We dedicate significant time to educate our clients on how to avoid litigation. This includes performing on-site visits to premises and accident scenes, frequent client communication, and providing updates and experienced evaluations for clients on the law that may result in effectively decreasing the possibility of potential litigation.
At Smiling, Smiling & Burgess, we specialize in getting the job done fairly, honestly, and credibly. You can count on that promise.
Family Law
Adoptions, Child Support Disputes, Custody Disputes, Divorces with children, Divorces without children, and Guardianship.
Criminal Law Continued
Being charged with a crime is one of the scariest times in a person's life, when that happens you need experience on your side. Whether you are charged with a misdemeanor or a felony the Smiling, Smiling & Burgess' Shena Burgess can use her years of trial experience to get you the best results possible. Our firm professionally and vigorously defends your rights to make sure that each and every one of your liberties are protected from pre arrest through trial.
In preparing for your case, we will meet with you and give you updates, review police reports, prepare motions, and vigorously defend you in court. We dedicate time to education you on the different steps of the criminal court process to make sure you know what all of your options are at each step of the process. Our attention to detail and thorough preparation for trial translates into the best outcome for you and your family.
Nursing Home Negligence & Elder Care Law
It is an emotional decision to entrust the care of a family member to a nursing home. Certainly, this decision was made with the expectation that your loved one would receive the best and most compassionate care available. You have a right to expect your family member will thrive in an environment free from neglect and abuse, in a facility which is maintained in the highest standards of cleanliness and safety in which your loved one or relative is treated, at all times, with dignity and respect.
However, despite expectations, the care received at times falls below the standard of care established by accepted practice and regulation, including:
Failure to develop a comprehensive care plan;
Use of chemical or physical restraints;
Failing to maintain a resident’s dignity and respect;
Failure to provide the necessary care to attain or maintain the resident’s highest practicable physical, mental and psychological well being;
Improper assessment and use of the minimum data set (MDS) required if Medicare/Medicaid is involved; and,
Failure to prevent or reduce risk of falls.
We strive to protect those persons subject to the Oklahoma Vulnerable Adults Act by making certain the nursing home complies with all applicable governmental regulations and that the home immediately rectifies all deficiencies noted in any investigation.
Our firm is involved in any and every aspect of nursing home/elder care representation and litigation and our pledge to you is that we will make certain you and your loved ones can rest assured the care provider for your family member meets or exceeds the highest level available.
At Smiling, Smiling & Burgess, we specialize in getting the job done fairly, honestly, and credibly. You can count on that promise.
Criminal Law
All Felony and misdemeanor cases including: White collar crimes, Capital Murder, Murder, Manslaughter, Arson, Drug-trafficking, distribution, and possession, Burglary, Computer crimes, DUI/DWI, Domestic Violence, Larceny, Probation Violations, Robbery, Weapon Charges, Youthful Offender and expungements.
Inusurance defense
Our firm handles coverage issues, excess coverage evaluation and monitoring, and general liability matters on behalf of many of the most prominent property and casualty insurance carriers doing business in Oklahoma. We have successfully defended claims involving intricate issues of insurance coverage, product liability, premises liability, and catastrophic personal injuries before most of the Federal and State Courts in Oklahoma. In addition, we have defended matters invloving health and disability claims, as well as life insurance litigation. Our property litigation experience includes construction and contractor liability claims.
At Smiling, Smiling & Burgess, we specialize in getting the job done fairly, honestly, and credibly. You can count on that promise.
Products Liability
The area of manufacturers' products liability covers a broad spectrum. Members of our firm have been involved in litigation involving defective products, from equipment for manufacturing paper products and milling equipment, riding lawnmowers, automobiles, farm equipment, to medical devices, and defective drugs.
Claims may arise out of design, manufacture, packaging, labeling, as well as engineering and warnings.
When a claim arises from a personal injury or damages to other property due to a product defect, we immediately examine the product and, if feasible, purchase an exemplar product to determine if the product in question is fit for the ordinary purpose for which such products are intended or may reasonably be expected to be used.
In the area of drug and medical device product liability, immediate investigation is undertaken into how drug and device manufacturers impart product information to prescribing physicians and consumers.
The use of available online resources provides immediate access to National Highway Transportation Safety Board, and the Federal Motor Vehicle Safety Standards information for automobile and truck litigation Additionally, the U.S. Food and Drug Administration, National Institutes of Health, and Center for Disease Control and Prevention provide valuable resources in drug and medical device products liability litigation.
At Smiling, Smiling & Burgess, we specialize in getting the job done fairly, honestly, and credibly. You can count on that promise.