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Timothy James Kennedy
Avvo
Pro

Timothy Kennedy’s Legal Cases

16 total


  • $100,000.00 Settlement for Slip and Fall at Work

    Practice Area:
    Workers Compensation
    Date:
    Sep 08, 2010
    Outcome:
    Six-figure lump sum settlement
    Description:
    Caller sustained injuries in a slip and fall at work. She found it uncomfortable to drive so I met with her and her husband in their home and did a full write-up, learning every detail of her work injury, her later contacts with the insurance company and employer, and the hoops the insurer was having her jump through for directed medical treatment. The company doctors were (as is typical) working very hard to minimize their documentation of my client's injuries and were very slow to order any diagnostic tests that might support her claim. I found solutions that allowed my client to treat with more sympathetic doctors -- without risking an unnecessary fight for benefits. We secured the medical support my client needed and were able to force the insurance carrier to pick up her claim without the drawn-out delay of full litigation in the workers' compensation court. She began receiving weekly benefits. The workers' compensation carrier later tried to stop her ongoing benefits by sending her to an IME (insurance medical examination), then directing her to return to work in light duty. How these events are handled is a sensitive matter. We assisted our client through the IME process. We gave our client clear advice specific to her circumstances to allow her to help rather than hurt her case in her response to the employer's ill-conceived attempt to bring her back to work she was not physically ready for. Our client benefited from our advice and guidance. When the insurance company moved to suspend or terminate our client's benefits, we were more than ready. We fought back hard and were able to force a true full value lump sum settlement, which was a six-figure sum. Now the workers compensation insurance carrier is out of our client's life, and she has enough of a nest egg to move on with her life, to pay her bills as she attempts to put the work injury behind her, and to buy herself the time and/or the training she needs to one day re-enter the work force on her own terms. My client counted on me for advice, carefully explained, at every step of her case. I communicated with her (and with all my clients) very regularly, and more than is strictly necessary to ensure that she understands each option, right or choice she should consider every time the insurance company threw a new wrinkle her way. My client had the benefit of knowing that as a client of our firm, she was never going to have to worry about doing the wrong thing for her case or about not knowing the best and smartest way to preserve her rights and protect her from the sometimes abusive tactics of the workers' compensation insurance company. This is a scenario that has played itself out in every possible variation in my seventeen years of successfully representing Pennsylvania Workers' Compensation clients. Aggressive representation and immediate good advice are the hallmarks of my practice. With some firms, you may get one. With other firms, you might possibly get the other. With me, you get both. When you have a PA workers' comp case, I advise you on how to make your case strong and I stay involved and committed every step of the way. When your claim is subject to litigation, I fight hard and fight smart. I never give an inch in battling to get you everything you deserve.
  • $160,000.00 Settlement, "Left Arm Contusion"

    Practice Area:
    Workers Compensation
    Date:
    Jan 20, 2011
    Outcome:
    $160,000.00 settlement, plus costs paid by employer's insurer
    Description:
    Client had a job requiring substantial use of his hands and arms. He had suffered injury to one arm at work. He had returned to work in his full duty job, but with difficulties that later took him out again on advice from his family doctor. In the meanwhile, THREE insurance-friendly doctors had claimed he was "fully recovered". Two of these were specialists who had actively treated him as their own patient and the third was a specialist named by the insurer for an "IME" ("independent" medical examination at insurer's specific request and direction). This made for an uphill battle. We helped the claimant get the medical support he needed to document the true nature and extent of his work injury and gained him a settlement of $160,0000.00, over and above recovery of our substantial costs in the hard-fought litigation.
  • $143,750.00 for Sprain/Strain Injuries to Back and Knee

    Practice Area:
    Workers Compensation
    Date:
    Feb 10, 2011
    Outcome:
    $143,750.00 lump sum settlement, plus payment of our costs
    Description:
    Client strained his back and right knee at work. The employer and its pet doctors insisted he remain at work in a "light duty" job that had little purpose other than to add to his discomfort and make him feel humiliated, since he was doing nothing and made to feel he was just in the way. We helped him get the medical support to escape the daily "walk of shame" of light duty and to better evaluate his injuries. As happens in many cases, the company doctors were understating his injuries. We first got the client established on benefits under terms that did not require withholding of any attorney fee from his workers compensation checks. We then pushed to expand the description of injury, which we used as leverage to settle his claim for a large lump sum once the client was satisfied he had a proper plan for his future, to be sure he has access to the treatment he needs while moving on from his work injury.
  • $75,000.00 Lump Sum - Hand and Wrist Injury

    Practice Area:
    Workers Compensation
    Date:
    Jan 24, 2011
    Outcome:
    $75,000.00 lump sum to client, plus our costs
    Description:
    Client had hand and wrist injury. Injury was already a full year in the past when the client came to us. She had been months without any treatment and had never pursued her workers' compensation rights. A surgeon involved in her early care had not documented the problem as work related, and there was no specific work injury, but rather her pain and injury were caused by the effects of her work activities day after day, including repetitive forceful gripping activity in her job through the last day she worked. The insurance company had no interest in settlement, but when we had completed presenting our evidence and even filed a brief with our arguments to the Judge, they had no choice but to recognize the strength of our case. We reached a very good deal and our clien recovered a very good sum without needing to wait additional months for a Judge's decision.
  • $50,000.00 for Case Rejected by Competing Firm

    Practice Area:
    Workers Compensation
    Date:
    Nov 15, 2010
    Outcome:
    $50,000.00 lump sum settlement despite low pre-injury wage rate and major case obstacles
    Description:
    Client came to us after being told by a senior attorney at a "volume" workers' compensation law firm that his case was not workable. The case did have serious obstacles, mostly created by the client not knowing his rights early on. Specifically, the client had failed to advise the employer that his injury happened at work until many months after starting treatment, the better part of a full year, and only claimed the injury to be work-related when he was advised he would need surgery and therefore would need to miss months from his employment. The earlier attorney reviewing the file recognized that this was outside of the Act's notice deadlines and an obviously uphill battle. Unlike the other firm, we looked a bit closer and recognized factual and legal arguments that could work to our client's favor. Specifically, the delayed notice was due to delayed diagnosis and delayed understanding that his day to day work activities had caused the injury and were making it worse each day he continued working. We treated the case as one of cumulative trauma, with the final date of injury being the last date the client worked, consistent with the law and with the client's history of progressive worsening of his condition. The insurer initially offered a tiny settlement to make the case go away, but we litigated to get the client ten times the original amount.
  • $200,000.00 Workers Comp Settlement for Delivery Driver

    Practice Area:
    Workers Compensation
    Outcome:
    $200,000.00 settlement to our client, payment of disputed medical billing, favorable setting for further recovery from responsible third party in civil case.
    Description:
    We obtained a lump sum settlement of $200,000.00 for a delivery driver injured in a trip and fall accident at one of the sites on his delivery route, along with securing very favorable terms to resolve disputed medical billing incurred over several months after that event. We were also careful to consider how our handling of the workers' compensation claim and the lump sum settlement would impact his separate claim against the landowner responsible for dangerous conditions on the property. That premises liability case was then separately successfully pursued by a highly competent firm to whom we made a friendly referral.
  • 5.7 Years Comp Equivalent Lump Sum

    Practice Area:
    Workers Compensation
    Outcome:
    Six figure lump sum settlement.
    Description:
    We represented a warehouse worker who had been trying for years to bring his workers' compensation claim to a favorable resolution. He had previously hired and fired a large workers' compensation firm that handled his case as a low priority and failed to make progress toward settlement. We came in. Instead of jumping into negotiations that had already stagnated with lowball offers, we developed a winning strategy. We filed petitions to change the formal description of injury and to assert that the claimant's wrist injury resulted in a "specific loss" under the Act. We backed it up with proper expert testimony from a highly competent and sympathetic medical expert. This put pressure on the defendant to take the claim fully seriously and to come up with the six figure settlement the case truly deserved.
  • Starting From Behind for a $75,000 Settlement

    Practice Area:
    Workers Compensation
    Date:
    Jan 31, 2011
    Outcome:
    $75,000 plus costs lump sum settlement
    Description:
    Our client went for months with no treatment while collecting unemployment after her employer denied her claim and laid her off. She came to us with with almost no supporting medical evidence, and what she did have was months out of date and very weak. But she had a credible history of a work injury with a large and savvy institutional employer, and a hand that hurt with everything she did. That employer had tried hard to deprive her of her rights, and almost succeeded before she called us. We set things to rights, got her right to benefits acknowledged and settled for fully $75,000.00 despite the initial difficulties and despite a low pre-injury weekly wage.
  • Escape From Light Duty for Six-Figure Settlement

    Practice Area:
    Workers Compensation
    Date:
    Apr 14, 2011
    Outcome:
    Six-Figure Lump Sum Settlement
    Description:
    Our client was on a treadmill in and out of light duty work, with the employer attempting to make his life difficult in the hopes he would abandon his workers compensation rights. The employer tried hard to limit its exposure for wage loss benefits by continually pushing the claimant to return to "light duty" work, where the claimant struggled and the employer did not want or need him. We got the client set up with appropriate medical specialists to improve his treatment and expand the medical support for his claim. We then applied pressure through litigation to achieve the client's goal of a six figure settlement. The lump sum recovery allowed our client to move on with his life without the employer or its workers compensation carrier in tow.
  • $250,000 for Heart Condition with Work Involvement

    Practice Area:
    Workers Compensation
    Date:
    May 18, 2011
    Outcome:
    Quarter-Million-Dollar Settlement and Enhanced Retirement Rights
    Description:
    Our client was a municipal employee who suffered at least one episode of angina at work, contributing to a heart condition which ultimately caused him to retire early. The employer fought hard against any workers compensation rights, but we took full advantage of some of the lesser-known elements of the Workers Compensation Act to force the issue. We secured for our client a settlement with an ultimate payout of over a quarter of a million dollars (that is, in excess of $250,000), including $100,000 lump sum at the time of settlement plus another $150,000 paid in weekly increments over a four year span, plus costs. We also took pains to assure that this high-value payout would be paid right along-side our client's high value disability retirement -- an early retirement that would not have been possible if not for our efforts to show a work-related disability.