Attorney Joshua J. Inkell's Legal Cases

Car accident

$495,000 Rear-End Crash Settlement (Work-Related Collision)

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OUTCOME: $495,000 gross settlement at mediation

Delaware worker rear-ended in a Dover-area collision while driving for work, causing neck and back injuries with pain radiating into her leg. The at-fault driver's insurer would not offer fair value, s ... o we filed suit in Delaware Superior Court, including an underinsured motorist claim under 18 Del. C. § 3902, and coordinated the liability, UM/UIM, and workers' compensation components. Through mediation, we moved the case from a low starting offer to a final result that reflected her injuries. Case details altered to protect client confidentiality.

Medical malpractice

$600,863 Physical Therapy Malpractice Settlement

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OUTCOME: $600,863.01 recovery (mediation and accepted Rule 68 Offer of Judgment)

Client underwent a lumbar microdiscectomy and was placed under surgeon restrictions (no bending at the waist, no lifting over 15 lbs). At his first physical therapy session, the therapist told him "I k ... now better" and directed him to bend forward anyway, re-herniating the disc and requiring a second surgery. We sued in Delaware Superior Court (New Castle County) for medical negligence and lack of informed consent, retained physical therapy and orthopedic surgery experts, took depositions, and ran a mock-jury focus group. Litigated over two years and resolved after mediation and an accepted Rule 68 Offer of Judgment before trial.

Nursing home abuse and neglect

Confidential Nursing Home Neglect and Wrongful Death Settlement

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OUTCOME: Confidential settlement for the resident's family

Elderly Wilmington-area nursing home resident fell fourteen times in ten months, including a hip fracture requiring emergency surgery. The facility also failed to reposition her as ordered, and a press ... ure ulcer progressed to stage IV with exposed bone, with repeated hospitalizations for infections and sepsis before her death. We sued in Delaware Superior Court for the estate and her daughter (survival, wrongful death, breach of fiduciary duty, and negligence per se under 42 C.F.R. Part 483, plus punitive damages based on short-staffing). We briefed and argued the facility's partial motion to dismiss and preserved the core negligence, fiduciary duty, and wrongful death counts, retained nursing and geriatric care experts, and pursued the case through discovery and mediation. Names and identifying details withheld.

Nursing home abuse and neglect

$750,000 Delaware Nursing Home Negligence Settlement

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OUTCOME: $750,000 settlement

Largely bed-bound resident of a Delaware rehabilitation facility suffered devastating injuries after being dropped during physical therapy. By analyzing the medical records, staffing documentation, and ... federal payroll-based journal (PBJ) data, we uncovered evidence of staffing shortages even though the facility's internal records claimed compliance. The complaint alleged failures in staffing, supervision, training, monitoring, treatment, and implementation of safety interventions.

Car accident

$329,687.50 DUI Crash Recovery, Over 3x the $100,000 Policy Limits

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OUTCOME: $329,687.50 settlement against $100,000 policy limits

Client was seriously hurt in a Delaware crash caused by a drunk driver whose policy limit was $100,000. We pursued recovery above the policy limits on an excess-of-policy-limits theory. The insurer fil ... ed a motion asking the court to cap the recovery at the $100,000 limits; we opposed it, the court ruled in our client's favor, and the insurer then settled for more than three times its policy limits. Josh Inkell directed strategy and Tiffany Shrenk prepared and argued the response.

Trucking accident

$850,000 Delaware Truck Accident Settlement

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OUTCOME: $850,000 settlement

Client's vehicle was struck in New Castle County, Delaware by a commercially used truck that proceeded straight from a left-turn lane. The police report cited a lane-use violation and recorded the driv ... er's admission that he had been drinking throughout the day, with a roadside breath test of approximately 0.052%. The defense viewed the injuries as relatively minor. We built the case around the driver's dangerous conduct and the aggravating liability evidence rather than the injury profile alone, and resisted any attempt to undervalue it.