C.H. and her husband were driving together on I-80 in Salt Lake City when C.H., who was driving, felt a migraine headache coming on. She pulled over onto the shoulder of the freeway so her husband cou...ld drive. As C.H. and her husband stopped the car and were getting ready to change seats, a reckless driver approached, following behind a semi-truck. The impatient driver decided to pass the semi-truck on the right, driving on the shoulder of the freeway. As soon as he pulled onto the shoulder, he slammed into the back of our client’s car, instantly killing her husband and seriously injuring her.
Personal injury
M.T. v. Safeco Insurance
N/A
OUTCOME: Confidential Settlement
M.T. had just started her sophomore year at BYU when she was riding in the back seat of a car that was rear-ended. The chronic pain and injuries she sustained made it difficult for M.T. to fulfill her... curriculum, so she lost her art scholarship and had to change majors just to finish her degree. We obtained evidence and testimony demonstrating that our client will have severe pain and significant disabilities throughout her life. We were able to settle this case at mediation for an amount we are not able to disclose. Our client was very happy with the outcome of her case and the positive difference it will make on the rest of her life.
Wrongful death
T.E and R.E. v. Farmers Insurance and GEICO Insurance
N/A
OUTCOME: Confidential Settlement
T.E. answered the phone at the same time R.E. heard the sound of a life flight helicopter passing overhead. Neither imagined that both the call and the helicopter were for their daughter who, just fiv...e minutes before, had left for school. She had been struck by a car while crossing the street on the way to school, and had sustained a traumatic brain injury in the accident. Her parents could only stand by and watch in overwhelming grief as, over the course of the next several weeks, their daughter slipped into a coma and eventually out of their lives.
Even though the defendant’s insurance limits were not high enough to cover the medical bills in excess of $1,000,000, we were able to negotiate with our client’s medical providers and health insurance carrier so our clients could get a fair settlement and even establish a fund in memory of their daughter.
This is one of numerous cases we have seen in our years of practice where our clients needed more than the legal guidance we provided. They were grieving at a level few could understand, and we were able to provide them with resources and tools to navigate through the grieving process. In so doing, not only were we able to honor their loved one and resolve the case without filing a lawsuit, but we also developed a lasting bond with the family.
Car accident
C.N. v. Metlife Insurance
N/A
OUTCOME: Confidential Settlement
C.N.’s 19-year-old son was a passenger in a truck when the driver took a sharp turn on a rural country road too fast, causing the truck to roll several times before coming to rest. The driver survived..., but our client’s son was killed in the roll-over. His family did the research on which attorney to hire and chose our firm. C.N.’s son was a remarkable young man with a bright future full of promising professional achievement, but the insurance company tried to argue that our client’s life wasn’t as valuable because he wasn’t married and no one was financially dependent on him. We successfully proved otherwise.
Personal injury
H.D. v. Roto-Rooter
N/A
OUTCOME: Confidential Settlement
H.D. came to our office when his original attorney told him he didn’t think he could win his case. H.D., a musician and contractor, was riding his bike through a crosswalk near 900 South in Salt Lake C...ity when a Roto-Rooter employee who wasn’t paying attention to the traffic signal struck H.D. on his bike, nearly killing him. Surgeons were able to keep his leg from being amputated, but H.D. lost 90% of the use of that leg. He also sustained a serious brain injury. When Roto-Rooter’s insurance company refused to accept responsibility for the collision, we filed a lawsuit. The insurance company eventually made a fair settlement offer at mediation. The amount is confidential, but our client was very thankful that we filed the lawsuit and reached a successful settlement that included future medical care, lost wages and pain and suffering.
Car accident
R.L and S.B. v. CNA Insurance
N/A
OUTCOME: $521,873
R.L and S.B. contacted our firm shortly after their mother had been killed in an automobile accident. They were uncertain how to navigate through the complex process of a wrongful death claim. Both c...hildren were extremely close to their 78-year-old mother. Although she had multiple sclerosis and was confined to a wheelchair, their mom was a strong, vibrant, and sharp woman.
One of their biggest concerns was that the insurance company, CNA, would not treat the claim fairly because of their mom’s advanced age and medical condition. We believed the best way for CNA to get to know their mom was through her family members and close friends. We interviewed many of them and created a DVD that we sent to CNA so the adjuster could see the kind of person she was and the tremendous void that her passing left. We also met with their mother’s primary doctor, who confirmed that she had many years of life left in her! And when CNA made an insulting offer to settle the claim, we demanded arbitration and had the matter decided by an arbitration panel.
We received the arbitration award – nearly double what the insurance company had initially offered! The amount of the award sets a precedent for the value of these types of claims in Utah, and will help others in the future who lose elderly family members due to another’s careless conduct.
But this claim was never about money for R.L. and S.B. “I would give back every penny to have one more precious moment with my angel mom,” S.B. said. Of course, no award could ever serve as an adequate substitute for the remaining years that our clients would have enjoyed with their mother, but it did force CNA to recognize how invaluable those “golden years” were.
We were humbled by S.B.’s comments after the claim was resolved. “Thank you for taking the time to get to know my mom throughout the case,” she said. “It was an honor to have you represent her. You did her proud!”
We are grateful for R.L and S.B.’s trust in us, and for the opportunity to get to know their mom through her children’s eyes. We are also optimistic that the result we were able to obtain will help insurance companies to look at those who have been seriously injured or killed in accidents as real people, not just numbers, and place a fair value on their claims.
Car accident
K.F. v. American National Property and Casualty Insurance (ANPAC)
N/A
OUTCOME: $500,000 Policy Limits
This high speed rear-end collision caused extensive damage to K.F.’s vehicle and the forces involved broke the back of her seat, resulting in a herniated disk that compressed the L5 and S1 nerve roots.... Surgery was inevitable. K.F received a spinal cord stimulator implant that allowed her to return to some level of normal activity.
After receiving the at-fault driver’s full policy limits, we then turned to our client’s underinsured motorist coverage with her own car insurance company (ANPAC). ANPAC initially claimed that K.F.’s policy limits were only $10,000 and not the substantially higher limit she had requested when purchasing her insurance. We successfully proved that she was entitled to the higher amount and eventually settled for the full policy limits.
Brain injury
D.L. v. Allstate Insurance
N/A
OUTCOME: $325,000
D.L., a 12-year-old young man, was a passenger in his brother’s car when a negligent driver turned left directly in front of them. D.L’s head struck the side window, knocking him unconscious. D.L sus...tained a mild traumatic brain injury that caused significant short term memory problems and chronic migraine headaches. We helped D.L. get cognitive therapy and a settlement that included funds to cover his future medical costs and compensation for the headaches he will experience throughout his life.
Car accident
R.L. vs. Farm Bureau Insurance and Allied Insurance
N/A
OUTCOME: $200,000 Policy Limits Settlement
R.L., a 28-year-old construction worker, was involved in a head-on collision when another driver attempted to turn left in front of him. He suffered a severe back injury that required surgery. R.L.’s... surgeon also told him that he will need the vertebrae in his back fused together in the near future. The insurance company disputed the need for a future surgery, and also argued that a prior back injury R.L. suffered at work was to blame for his problems, rather than the auto accident. We filed a lawsuit and proved otherwise. The insurance company finally backed down and paid the full policy limits. R.L. was extremely happy with the results.
