Douglas D. Small

Top rated personal injury attorney in South Bend, Indiana

Foley & Small
Douglas D. Small
Foley & Small

Practice Areas: Personal injury, Products liability, Construction litigation; view more

Licensed in Indiana since: 1983

Education: Indiana University Maurer School of Law

Selected to Super Lawyers: 2020 - 2023

Foley & Small

1002 East Jefferson Blvd.
South Bend, IN 46617 Visit website


A partner at Foley & Small, Douglas D. Small focuses his practice primarily on personal injury and wrongful death litigation. Working out of the firm's office in South Bend, Indiana, he has represented clients throughout the state as well as in other parts of the country. Admitted to practice in Indiana since 1983, Mr. Small is also admitted to practice before several federal trial and appellate courts, including the U.S. District Courts for the Northern and Southern Districts of Indiana, the U.S. Courts of Appeals for the 5th, 6th, 7th, and District of Columbia Circuits, and the Supreme Court of the United States.

In his personal injury practice, Mr. Small provides representation to people who have incurred economic and noneconomic losses due to the negligence of other parties. The types of cases that he has handled have included truck and other motor vehicle crashes, premises liability, and defective drugs and medical products. During his career, Mr. Small has been able to obtain significant compensation for his clients, through both jury awards and negotiated settlements, and this has led to his becoming a member of the invitation-only Million Dollar Advocates Forum.

Mr. Small's experience also encompasses bad faith and other insurance coverage disputes, and he has worked on several other types of civil litigation as well. His successful track record in all of these endeavors, as well as his superb ethics, has earned him a great deal of recognition from his colleagues, including an AV Preeminent* peer review rating through Martindale-Hubbell. In addition, Mr. Small has been named to The National Trial Lawyers: Top 100. He attended what was then known as the Indiana University Bloomington School of Law and was awarded his Juris Doctor cum laude in 1980.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice areas

Personal injury - general: plaintiff, Personal injury - products: plaintiff, Construction litigation: business, Insurance coverage, Personal injury - medical malpractice: plaintiff

Focus areas

Animal bites, Assault, Motor vehicle accidents, Personal injury - plaintiff, Slip and fall, Wrongful death, Dram shop laws, Construction accident, Brain injury, Sexual abuse - plaintiff, Trucking accidents, Premises liability - plaintiff, Medical devices, Pharmaceutical

  • 50% Personal injury - general: plaintiff
  • 20% Personal injury - products: plaintiff
  • 10% Construction litigation: business
  • 10% Insurance coverage
  • 10% Personal injury - medical malpractice: plaintiff

First Admitted: 1983, Indiana

Professional Webpage:

  • Frame v. South Bend Community School Corp., 480 N.E.2d 261 (Ind. App 1985), 26 Ed. Law Rep. 397
  • South Bend Community School Corp. v. Portage Tp. of St. Joseph County, 520 N.E.2d 446 (Ind. App. 1988) 45 Ed. Law Rep. 1212
  • Stowers v. Norwest Bank Indiana, N.A., 624 N.E.2d 485 (Ind.App. 1993)
  • Mingo v. Urban League of South Bend, 1994 WL 594611 (N.D. Ind. 1994)
  • Diaz v. Bastian Material Handling Corp., 2006 WL 3742183 (Ind. App. 2006), Prod.Liab.Rep. (CCH) P 17,666,
  • Becker v. Four Points Inv. Corp., 708 N.E.2d 29 (Ind. App. 1999)
  • Cox v. Paul, 828 N.E.2d (Ind. 2005)
  • Penn Harris Madison School Corp. v. Howard, 832 N.E.2d 1013 (Ind. App. 2006) 200 Ed. Law Rep. 869
  • Penn Harris Madison School Corp. v. Howard, 861 N.E.2d 1190 (Ind. 2007) 216 Ed. Law Rep. 931
  • Cox v. Paul, 805 N.E.2d 901 (Ind. App 2004)
  • Schlosser v. Rock Industries, Inc., 796 N.E.2d 350 (Ind. App. 2003)
  • Candlewood Apartments, L.P. v. Goen, 874 N.E.2d 1081 (Ind. App. 2007); 2007 WL 3025909
  • Schlosser v. Rock Industries, Inc., 805 N.E.2d 1140 (Ind. 2004)
  • Haag v. Castro, 934 N.E.2d 189 (Ind. App. 2010)
  • $125,000,000.00 - Lead counsel in Indiana working to secure a settlement of $125,000,000.00 against the New England Compounding Center and its officers, directors and employees arising from fungus contaminated epidural injections distributed throughout the United States, including Indiana and Michigan. $3,000,000.00 - Retail store slip and fall claim resulting in brain injury. $1,100,000.00 - Represented pickup truck driver involved in collision with a semi-tractor trailer resulting in brain injury and fractures. $750,000.00 - Represented estate of construction worker injured who suffered fatal injuries during the course of assisting and the unloading of construction materials from a trailer. $650,000.00 - Represented estate of middle age woman who suffered fatal injuries during the course of a car semi-tractor collision.
  • Robertson v. Anonymous Clinic, 63 N.E.3d 349 (Ind. App. 2016), transfer denied., 80 N.E.3d 180 (Ind. 2017)
Bar/Professional Activity:
  • Professional Memberships: American Bar Association Indiana State Bar Association St. Joseph County Bar Association American Association of Justice Indiana Trial Lawyers Association Million Dollar Advocates Forum Top 100 Trial Lawyers
Pro bono/Community Service:
  • Civic, Philanthropic and Social Organizations: Volunteer Mentor, South Bend Community School Corp. Member, Christ the King Lutheran Church Past Board Member, Samaritan Counseling Center Past Board Member, Indiana University School of Law Alumni Association Past Board Member, St. Joseph County Bar Association  
Special Licenses/Certifications:
  • Licenses:Admitted to practice before all Indiana state courts, in federal district courts in Indiana, Rhode Island, West Virginia, Illinois, Kentucky, Massachusetts, Michigan, Louisiana; in the federal Court of Appeals for the Fifth, Sixth and Seventh Circuits and in the District of Columbia Court of Appeals; and before the United States Supreme Court
Educational Background:
  • Franklin College, Fall Semester 1976; Indiana University, 1977-1980, B.A., History, Honors & High Distinction, Phi Beta Kappa, Knox (Indiana) High School, 1972- 1976, 1983
Other Outstanding Achievements:
  • Lead attorney in Indiana spearheading the claims of more than 100 individuals who either suffered death, fungal meningitis, soft tissue fungal infection or other allergic reaction to injection exposure from contaminated lumbar epidural injections obtained from the New England Compounding Center, 2017
  • Mr. Small has been awarded the highest rating for competence and ethics by the Martindale Hubbell attorney rating service. Martindale Hubbell operates in nationwide attorney rating service where peer attorneys who work with the attorneys in question provide feedback on their confidence and ethics., AV Preeminent Rating, Martindale Hubbell, 2019

Office location for Douglas D. Small

1002 East Jefferson Blvd.
South Bend, IN 46617

Phone: 574-444-3377


4 Years Super Lawyers
  • Super Lawyers: 2020 - 2023

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