Wife Obtains $4.5 Million in Wrongful Death Lawsuit
Mr. and Mrs. P. had been married nearly 40 years when their motorcycle was hit by the operator of a port-a-potty truck. Mr. P. was killed in the cr...ash. He was survived by his wife and three adult children. Mrs. P. sustained serious orthopaedic injuries in the crash.
Mrs. P. is a nurse, and despite intense pain from the injuries sustained in the crash, she continued to work. Mr. P.’s death resulted in a sizeable loss of income, deeming it necessary for Mrs. P. to work in order to sustain the household
Traffic in the area of the motorcycle crash had been redirected as a result of nearby construction. The operator of the port-a-potty truck and the company for whom he worked blamed the crash on the company hired to divert traffic. This company had been hired by the general contractor in charge of construction in the nearby area. As a result of all the finger pointing, the Law Firm of Heintz & Becker filed a lawsuit against all parties, including the driver of the truck, the company for whom he worked, the company that was responsible for diverting traffic and the general contractor.
Prior to prosecuting the Wrongful Death lawsuit, Heintz & Becker was instrumental in establishing excess insurance coverage, on the truck involved in the crash, in a Declaratory Judgment Action filed by the insurance carrier.
After a persuasive power point presentation at a mediation conference held in the wrongful death case, a global settlement was reached for payment in the amount of $4,500,000.00. Mrs. P. no longer has to suffer the daily pain she experienced while working. While her injuries continue to haunt her, at least she now has the financial ability to care for herself.
Wrongful death
DeTurk v Alvarez
Jan 16, 2004
OUTCOME: 1.5 million dollar settlement on $100,000 policy
Auto Accident, Wrongful Death, Drunk Driver and Bad Faith -- $1.5 Million Award on a $100,000 Insurance Policy
Mr. D. was just shy of his 47th wedding anniversary before being killed by a drunk driver.... He married his high school sweetheart, Mrs. D., on June 4, 1955. His legacy includes 6 daughters, 17 grandchildren and 3 great-grandchildren. His family and friends described him as an honest and passionate man who provided for his family. He continued to work up until the time of his death. Mr. D. was returning from work the night the defendant, a drunk driver who was operating his father's Ford truck, with at least a .191 BAC, killed him in a horrific crash. Mrs. D. had been waiting at home for her husband and was concerned because he was uncharacteristically late. She decided to get in her car and look for him, tragically coming upon the site of his crash.
In his statement to the police, the defendant denied the crash was his fault, despite driving recklessly at an excessive speed and also having turned left directly in front of Mr. D.’s vehicle. He denied driving the truck and also denied being drunk. The State Attorney’s Office refused to prosecute. Mrs. D., grief stricken, retained the Law Office of Heintz & Becker to investigate the crash and pursue the defendant in a claim for the Wrongful Death of her husband.
The Law Office of Heintz & Becker’s investigation uncovered a taped statement given by the defendant to his own insurance company. In the statement, the defendant admitted driving the truck, stating he was alone in the vehicle and also admitted that he had been drinking. In fact, he admitted to having at least 9 beers prior to the crash. The Law Office of Heintz & Becker also discovered that the defendant had tried to flee the scene of the crash, evidence of consciousness of guilt. In addition, the firm discovered that the police had lifted a shoe print off the brake pedal of the truck that was consistent with the tread design and size of the Nike athletic shoes worn by the defendant on the date of the crash. Even more, it was discovered that striations taken from the broken rear view mirror found on the driver’s side of the defendant's truck, were consistent with the shirt and pant fabric worn by the defendant on the night of the crash. Finally, it was discovered that the bruise on the defendant’s knee was consistent with hitting it on the dash of the truck, as an indentation was found there. Despite the evidence, the State still refused to prosecute.
The defendant's truck was insured for $100,000.00. Though clearly insufficient to reimburse Mrs. D. for the loss of her husband, she offered to settle with the insurer for its’ policy limit. A thirty day time demand was given to the insurance company. Despite having admissions of driving and intoxication on tape from its own insured, the insurer ignored the offer and no check was received until long after the 30 day restriction. Armed with what we believed to be a strong case against the insurer, the Law Office of Heintz & Becker decided to sue the defendant for Wrongful Death. The check was returned to the insurer.
A mediation session was held in the case. At the mediation, the Law Office of Heintz & Becker presented a persuasive power point presentation proving the defendant’s guilt and the bad faith of the insurer, in not protecting its’ insured, by forwarding the $100,000 policy limit in a timely manner. Presumably, the insurer agreed and settled the case shortly thereafter for $1,500,000.00. In addition, the law firm was able to secure an additional $25,000.00 from Mr. D.’s own underinsured motorist coverage, to help with estate expenses.
