My client was operating a motor vehicle which was struck by the defendant’s vehicle resulting in serious injuries to the client and the unfortunate death of her infant son.
Our firm examined the sc...ene of the car wreck, obtained numerous photographs, inspected our client’s vehicle and interviewed the trooper in charge of the investigation of the wreck.
A lawsuit was initiated very quickly to maximize our ability to subpoena information held by third parties. Both cases were settled early on in the litigation for the maximum amount available under the applicable insurance policies.
Personal injury
Railroad Employee Recovers Confidential Sum for Injuries Suffered in a Lifting Injury
N/A
OUTCOME: Confidential Sum
What happened:
The Railroad worker suffered a shoulder injury attempting to lift a gas cylinder. The cylinder slipped during the lift and the Railroad worker suffered an injury to his shoulder attemp...ting to regain control of the cylinder. The Railroad worker had previously seen his family doctor with complaints of shoulder pain and had been referred to an orthopedist for a consultation. The appointment for the consultation had been scheduled prior to the Railroad worker’s injury for roughly two weeks subsequent to the injury. The Railroad worker did not immediately report the injury to his employer for fear of retaliation; however, the orthopedist noted findings of a recent injury at the time of his consultation and when pressed by the orthopedist, the Railroad worker provided a description of the on-duty injury. The orthopedist advised the Railroad worker to report his injury to his employer and told the Railroad worker his injury prevented him from being able to safely perform his duties with the railroad. Following his appointment with the orthopedist, the Railroad worker returned to his job and reported his injury. The Railroad worker’s on site supervisor reported the injury to a higher level official who traveled approximately 50 miles with another official to personally discuss the incident with the Railroad worker. By the time the meeting had concluded, the Railroad worker had written a statement describing the causes of the injury as an incident at home and stating the railroad was not liable for his injuries. The Railroad worker’s testimony at deposition was that he prepared the statement at the direction of the official and out of fear of losing his job. Once the statement was finished, the official advised the Railroad worker he was on medical hold and had no further contact with the Railroad worker.
Legal Strategy:
The depositions of the officials involved in the composition of the Railroad worker’s statement was videotaped and revealed circumstances which bolstered the Railroad worker’s rationale behind the statement. The depositions also revealed the Railroad worker had not been provided with basic equipment designed to assist in the handling of the subject tank.
Personal injury
Railroad Conductor Injured Back
N/A
OUTCOME: Confidential Sum
What Happened:
Our client, a railroad conductor with over 20 years of experience, fell as he was exiting a locomotive engine at night due to a burned out step light. Our client suffered a spinal/back... injury which resulted in surgery and his occupational disability from his job.
Key Legal Strategy:
Counsel reviewed the applicable federal safety statutes and confirmed the non-functioning step light was a violation of the Federal Locomotive Inspection Act and initiated a claim on behalf of the client. The case proceeded through litigation and the case was settled on the first day of trial for a confidential sum
Determining which federal railroad safety regulations applied, and proving to the railroad that it was violated, were key to obtaining the major settlement for our brakeman/conductor client.
Brain injury
$21 Million Structured Settlement for Brain Injured Child
My colleague and I successfully secured a $21 million guaranteed structured settlement, with a present value of $5.5 million in 2012 for a young child and her parents, after she suffered a traumatic br...ain injury in a car accident caused by a truck driver who smashed in to the family’s car. We worked tirelessly to develop the evidence with a goal of conveying the magnitude of the wreck and subsequent injuries, once the brain MRI’s showed frontal lobe brain damage, as the treating neuropsychiatrist explained that this would cause profound, permanent brain function deficits. We developed the evidence for over three years, which included coordination of the neuro-psychiatrist, doctors, therapists, educational professionals, nurses, a life care planner and others. Just two months before trial we engaged in a day long mediation with a retired Judge. In order to bring home the magnitude of the harm to the truck driver’s employer and the insurers we worked up a multi-media presentation which included dramatic 911 audiotape, scene damage photos, videotape of our young client, as well as numerous three dimensional brain images, which were approved by the neuro-psychiatrist in advance. We established a short term medical needs trust and a long term guaranteed $21 million structured settlement to make sure our client's medical care and financial needs would be met.
