$4,500,000 Recovery
Jun 30, 2021OUTCOME: $4,500,000 resolution through mediation
Motorist struck by highway construction material.
PRO
James Michael Roswold's Legal Cases (8)
Kansas City, MO
Personal injury Lawyer at Kansas City, MO
Practice Areas: Personal Injury, Litigation ... +12 more
$500,000 Policy Limits Recovery
Jan 28, 2015OUTCOME: Maximum recovery
A serious motorcycle accident left the rider severely injured. Our client contacted us because of our reputation among motorcycle shops and riders as a law firm with extensive experience and expertise ... in successfully representing injured motorcyclists. Once involved, we convinced the insurance company to immediately pay every dollar of insurance proceeds, allowing our client to get on with his life.
$3,000,000.00 Recovery - Auto Accident - Drunk Driver; Brain Injury
Apr 15, 2011OUTCOME: $3,000,000.00 Recovery
Client was struck head on by a drunk driver. She sustained a brain injury. We located two separate insurance coverages, represented our client and her family's interests zealously and aggressively on t ... he civil AND criminal side of things, hired highly reputable accident reconstructionist and brain injury experts, among others. From the first day of representation of our client we worked this case hard, as a labor of love, and so we were more than ready to file suit and go to trial unless we recovered every dollar of available coverage on her behalf. Through this show of force and complete dedication we were able to recover policy limits through negotiation, avoiding the filing of a lawsuit and the reaulting delay, litigation expenses, increased attorneys fees, and uncertainty for our client, and we successfully obtained a $3,000,000.00 recovery for our client, as rapidly as possible - within one year of the collision. Our client is now able to obtain the best quality of life possible and get the extra support she needs. NOTE: Past results afford no guarantee of future results and each case is different and is judged on its own merits.
$150,000.00 Litigated Recovery - Car Accident - Recovered 6 Times More Than The Presuit "Final" Offer
Oct 11, 2007OUTCOME: Lawsuit Results in a Recovery 6x times the Presuit "final offer"
Our client, a 28-year old mother of three children, was rear-ended in a low impact collision. Following the collision, she experienced severe neck pain with sharp pain radiating down her left arm. She ... had no history of prior injuries to her neck and had not had any complaints of neck pain that would have suggested a symptomatic pre-existing condition. Her initial medical diagnosis included thoracic outlet syndrome (TOC), a disorder that occurs when nerves or blood vessels in the area between the collarbone and first rib are compressed. This compression can cause pain in a person's neck and shoulders and cause numbness and tingling in a person's fingers. Although thoracic outlet syndrome is often caused by trauma such as a car accident, in some cases physicians cannot determine the cause. In our client's case, the relationship between the collision and the diagnosis of thoracic outlet syndrome was less than clear. After 1½ years of treatment with neurologists and vascular surgeons, her physicians determined that she had reached maximum medical improvement and that there was nothing more that could be done for her. Unfortunately, she continued to suffer from severe pain in left arm to the extent that she could not use it to pick up her small children. The defendant attempted to take advantage of the lack of a definitive medical diagnosis and refused to offer a substantial settlement to resolve the case, despite her significant injuries and extensive history of treatment. At our suggestion, our client returned to her neurosurgeon seeking further evaluation in an effort to gain a better understanding of her condition. Further diagnostic testing was performed and it was determined that she was suffering from a degenerative condition of her cervical spine (neck) that had been made symptomatic by the collision. She underwent a fusion of the affected vertebrae in her neck and this stabilized her condition and resolved her persistent pain. Suit was filed in Johnson County, Kansas and the case was litigated and ultimately resolved successfully without trial for six times the amount of the "final offer" made originally. We are proud to have played a key role in helping our young client find a solution to her debilitating medical condition and in getting her case resolved for substantially more money than had been previously offered. NOTE: Past results afford no guarantee of future results and each case is different and judged on its own merits
$365,000.00 Recovery - Auto Accident - Neck Injury & PTSD Case Rejected By Other Attorneys
Apr 18, 2006OUTCOME: $365,000.00 in a case rejected by other attorneys
Post-traumatic stress disorder (PTSD) is an anxiety disorder that is triggered by a traumatic event. It is a severe and ongoing emotional reaction to an extreme psychological trauma. People can develop ... post-traumatic stress disorder after experiencing or witnessing an event that causes intense fear, helplessness or horror. People who are involved in traumatic events often have a period of difficulty in adjusting and coping with such events. While such problems are often temporary, for some people, the symptoms get worse and may last for months or even years. As with many other psychological disorders, you cannot look at a person and know that he or she suffers from PTSD. Our client, a 34-year old commercial truck driver, developed post-traumatic stress disorder following two unusual and fortuitous motor vehicle collisions. In the first, our client was transporting a large prefabricated home in the course of his employment. A strong gust of wind flipped the prefabricated home over and, in turn, caused the cab to overturn and trap our client inside. Months later, again while driving in connection with his employment, our client was injured when a flatbed trailer being pulled by an oncoming vehicle came unhitched, careened across the highway median and overturned. When it flipped, a John Deere lawn tractor on the trailer went airborne, hit the side of an oncoming truck and then ricocheted head on onto the hood of our client's truck. The resulting wreck caused a significant neck injury as well as severe post-traumatic stress disorder that ultimately led to him being unable to continue driving commercial vehicles for a living. When initially seeking legal assistance, our client was discouraged from pursuing his psychological injury and was told that a jury would find it hard to accept that a large strong man such as himself developed severe psychological injuries that resulted in his inability to continue driving for a living. He then sought our assistance. Following extensive work up of his physical and psychological injuries, the work injury and civil liability claims were successfully resolved with a substantial payment being made. NOTE: Past results afford no guarantee of future results and each case is different and is judged on its own merits.
Wrongful Death - Subtantial Recovery - Confidential Settlement In a Case Rejected By Other Attorneys
Feb 11, 2004OUTCOME: Substantial resolution through mediation
Sometimes a second opinion is advisable. That was certainly true in this case. Here, our client's father was an elderly nursing home resident with fragile health. He fell ill and suffered from nause ... a and vomiting. Although these symptoms continued throughout the day, the nursing home staff failed to appreciate the seriousness of his condition and did not take routine steps including a residual stomach contents check, suctioning and notifying the resident's doctor of the resident's condition. By the time the seriousness of the situation was appreciated and he was transferred to a hospital, the gentleman was in a very serious condition, suffering from aspiration pneumonia, a urinary tract infection and hyponatremia. His vital signs continued to deteriorate and he passed away within a few hours. Our client initially sought legal advice from another attorney but was told that she did not have a claim. Fortunately, she persisted and sought our assistance. After reviewing the records thoroughly, we felt that the nursing home had been negligent and we pursued a wrongful death claim against the nursing home. The case was successfully resolved through mediation and our client received a substantial settlement in a case where she had originally been told she had no claim. NOTE: Past results afford no guarantee of future results and each case is different and is judged on its own merits.
$125,000 Maximum Recovery - Work Comp - Permanent Total Disability Award - No Pretrial Offer By Defendant
Nov 03, 2000OUTCOME: Work Comp Claimant Awarded Permanant Total Disability Award
Our client was a 53-year-old Korean immigrant who had almost no formal education and spoke little English. She was employed as a machine operator in a local factory and was injured when she struck her ... knee against a metal platform. Although substantial medical care was provided to our client, the treatment for her knee was unsuccessful and she developed additional symptoms in her opposite knee and back from overcompensating due to the injury. Ultimately, our client was unable to return to her job. In the course of pursuing her Kansas workers' compensation claim we obtained the opinions of medical and vocational experts who concluded that she was permanently and totally disabled from performing any substantial work activity. Despite this evidence, the employer and insurance carrier denied her claim and failed to make any offer of settlement. The case was tried and we were successful in obtaining an award of permanent total disability and received the maximum benefits available under the Kansas workers' compensation laws. In making such award, the judge stated: "If there ever was a claimant who was now realistically unemployable, Ms. K___ is the one." NOTE: Past results afford no guarantee of future results and each case is different and is judged on its own merits.
$1,000,000.00 Verdict (Nationwide Record Award) in a Wrongful Death of a Minor Child in a Federal Tort Claims Act Trucking Case
Oct 05, 2000OUTCOME: Largest Award Nationwide For Minor Child FTCA Death Case Per Experts
Early one morning, while driving down a freeway exit ramp, the driver of a U.S. Postal Service tractor-trailer truck jumped out of his truck, allowing it to crash into an apartment building at the bott ... om of the ramp. The runaway postal truck caused substantial damage to the apartment building and came to rest literally inches from our client's head as he was lying in bed. The collision caused the family's two young children to be buried in the rubble and although our client valiantly attempted to rescue his children, his three-year old daughter was killed. Contrary to the claim of the truck driver that the air brakes on his truck had failed, inspectors found no evidence of a mechanical defect. It was later discovered that the postal truck driver suffered from post-traumatic stress disorder as a result of a fatal tank accident that occurred previously while he was in the United States Army. As a result of this psychiatric disorder and disability, the driver suffered from flashbacks and it is believed that this is what caused him to jump from the U.S. Postal Service truck. This information was known by the U.S. Postal Service at the time the driver was hired. In conjunction with counsel for the mother of the deceased child, we pursued a Federal Tort Claim against the U.S. Postal Service for the wrongful death of the child as well as our client's personal injuries. Following trial, a verdict was returned by the court that experts noted was the largest award to date for the death of a minor child in a Federal Tort Claims Act lawsuit. NOTE: Past results afford no guarantee of future results and each case is different and is judged on its own merits.