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I
would like to share with you just a few examples of the types of
cases in which I have been involved . . .
. . . and to alert
you to the challenges that may lie ahead.
(To protect client confidentiality,
real names are not used).
Take for example,
Mary, broadsided by an uninsured driver.
Mary is a hard-working
mother of two small children. Mary was driving home from work one
night when a reckless driver ran the light at a busy intersection
and broadsided her car.
They took Mary immediately
to the nearest hospital. She developed severe headaches, dizziness,
and numbness in her hands and legs. She underwent several costly
medical scans of her head and body.
The person who hit
her skipped town and the insurance company wanted to settle with
her for practically nothing. She asked a good friend if she knew
of any lawyers. Her friend sent her to a lawyer she once used
for a closing on her house. She said that he really knew his stuff.
This attorney told her to take what her insurance company was
offering because the person who hit her skipped town and had no
insurance.
Mary was desperate
when she came to our office. We did some checking up. We put in
a claim for Mary and we hired a private investigator to find the
guilty party. We let the insurance company know that we were involved
as Mary's lawyer, and made claim to settle through her uninsured
motor vehicle protection that Mary had on her own policy.
Another client, Joe,
was 26 years old and living his dream.
Joe's dream was to
become a millionaire in real estate. Joe had always loved working
with his hands and building things. After high school, Joe worked
full-time for a construction company.
Also, Joe started his
own business. He borrowed from friends and bought a house. Joe
got a reduced price because the house was in need of repair -
exactly the kind of work that Joe could do himself. Joe renovated
the house, working in the evenings and on weekends. He installed
new walls, windows, decks and porches, and landscaping. When he
was done, Joe had increased the value of his house by $30,000.
Joe rented the house, and got a loan on the property that he used
to buy another. Joe repeated this with five houses over the next
four years.
He was on his way to
making his dream come true.
Joe's
dream turned into a nightmare when he hurt his back in an auto
accident. Joe was driving carefully behind a large truck. The
truck had a large tarpaulin covering gravel it was carrying. The
cover came loose and flapped onto the windshield of a car traveling
the other way. The driver lost control, crossed the center line,
and ran head-on into Joe.
Joe was unable to work
for a year. He never fully recovered from the back injury, and
his doctor told him he could no longer do construction work. Joe
was desperate. He had always relied on his strong, healthy back,
and the accident had taken this from him.
Joe hired a lawyer
someone in his family knew. Months went by with no results. Joe's
lawyer had no answers for Joe's questions. Joe was falling behind
on the loan payments on his houses. Through no fault of his own
Joe was now facing financial ruin.
Joe was understandably
distraught when he called me. I got right on the case. My investigation
revealed the cause of the accident. A cable holding the tarp in
place had broken. The engineers I hired discovered that the cable
broke because the trucking company had failed to maintain it properly.
We also found that they had purchased the tarp system from another
company. The manufacturer of the tarp system had failed to design
the system with safeguards to prevent the very kind of accident
that occurred.
We made claim for Joe
against both the trucking company and tarp manufacturer. They
attempted to avoid their responsibility to Joe by pointing fingers
at each other, and to attack Joe, the innocent victim. They said
Joe was exaggerating his back injuries, and hired private detectives
to follow Joe around with video cameras.
Well, we sued for Joe
and made these companies answer to Joe in court. The jury accepted
our contentions and returned a substantial verdict to Joe that
included payment of his past and future medical bills, loss of
earnings, and pain and suffering for the rest of his life.
The best news for Joe
was that the jury verdict included hundreds of thousands of dollars
to allow him to hire workers to do the renovation work on his
houses that he can no longer do. Joe's back in business and again
living his dream.
Another
recent client was an innocent passenger in a car.
He suffered
a severe head injury when the car he was in collided with another
car at an intersection controlled by a stop sign. I found and proved
that the cause of the collision was a large van illegally parked
at the corner . . . blocking the driver's view of the stop sign.
We sued the owner of the truck and gained a significant settlement
for my client.
Another client was
also injured in a car crash. There was not a lot of damage to her
car.
She suffered neck and
back injuries after being rear ended. She went to the emergency
room who confirmed her injuries . . . and told her to follow up
with her family doctor and to stay out of work for one week.
An insurance adjuster
came to her house a few days later with a check book, and tried
to get her to accept $300. He was pushy, and told her she would
never get more because they did not damage her car much and no
one would believe she was hurt.
Fortunately, she resisted.
Her family doctor recommended therapy for a few weeks.
We sued for her and
obtained a trial verdict for more than ten times the amount the
adjuster originally offered her.
Another client was
a county utility worker.
He sustained a severe
head injury, headaches, memory loss, and a neck injury, when a
large air-release valve blew off while he was removing it. He
had done everything possible to reduce the pressure in the system,
but they did not design or build the system with adequate pressure
reducing mechanisms.
We sued the designer
and builder of the system for creating a dangerous condition that
caused injury. We recovered an acceptable settlement for my client.
A construction worker
lost his hand in an industrial accident while installing underground
pipes for a water distribution system.
They crushed my client's
hand and he suffered through several surgeries trying to save
his hand. Unfortunately, it later needed to be surgically amputated.
He incurred large medical bills, loss of earnings, and vocational
rehabilitation expenses.
We showed that the
injury occurred because the crane operator on the job failed to
obey the instructions of a ground controller to "hold in place."
When he moved without warning, they crushed my client's hand.
We sued the company
who employed the crane operator and gained a significant settlement
for our client.
Another client was visiting
a local hospital after the birth of his first grandchild.
He was carefully walking
on the sidewalk when he fell at the wheelchair curb ramp, braking
bones in his knee. He had to undergo several expensive surgeries
that were never successful in returning full motion to his knee.
My experts determined
that the curb-cut violated several construction and safety codes
because its sides were to steep, and this is what caused my clients'
fall.
I successfully litigated
and resolved the case in favor of my client.
I represented an elderly
woman was walking on the sidewalk.
It was a pleasant spring
day and she was going to visit her son. She suffered a broken
wrist when she suddenly tripped over a piece of pipe sticking
out from the city sidewalk and fell on her outstretched arm.
We showed that the
city was negligent in failing to inspect or discover the hazard,
and in failing to warn pedestrians of the danger.
We sued the city and
made a favorable recovery for her.
Pete was in a minor
fender bender when he was struck in the rear.
He did not feel any
pain following the accident so he did not go to the hospital.
Later he began having severe neck pain and headaches. Since he
never went to the hospital following the accident, Pete thought
that he could not make a claim for the pain he was now experiencing.
Eventually, the pain
just became too much for Pete. He finally went to his family doctor.
The doctor referred him for expensive testing, that found that
he had suffered a serious spinal injury. His doctor sent Pete
to a specialist for an operation to repair his neck. The operation
cost thousands of dollars, and Pete missed work for three months
while he was recovering. Even with the surgery, Pete's neck will
never be the same.
The insurance company
refused to make things right. They told him that they would only
pay a small portion of his medical bills, plus a few hundred dollars
for his pain and suffering. The insurance company went by the
damage to his car, which was minor. Yet Pete had suffered herniated
discs to his neck.
Pete was at his wit's
end when he came to see me, ready to sign his rights away so he
could at least get "something." The insurance company refused
to accept that they seriously injured him from a "low impact"
injury.
Fortunately for Pete,
he came to see me before signing his rights away to the insurance
company or hiring an inexperienced lawyer who knew nothing about
"low impact" injuries.
He could have easily
taken this quick (and inadequate) settlement.
I took the pressure
off Pete when we took the insurance company to court to force
them to live up to their legal "obligations." I gathered Pete's
medical records and wage loss information together and negotiated
a fair settlement. It took some time, but it was acceptable to
Pete and me.
Another client first
contacted me almost three years after she was hurt in a fall at work.
She had never fully
recovered and wanted to know what could be done about it. When
she recently asked the insurance company, they told her she had
lost her rights because she did not file an employee's claim for
benefits within the proper time limits.
She did not understand
this. In fact, she had no idea what she was supposed to get and
had never heard of "workers' compensation" before. What she did
know was that she had promptly told her supervisor of her fall.
Her supervisor took her to the hospital. Later, her supervisor
called the company benefits office and told them of the accident.
The supervisor told my client that "the forms were coming, I will
fill them out for you, and that they would take care of everything."
As anyone would, my
client relied on her supervisor's assurances that everything was
taken care of, and did nothing more. Her company paid for her
medical bills and lost wages . . . yet now they told her they
would do nothing for her permanent injuries.
I felt she was treated
wrong. They should not get away with misleading her for years
by telling her that everything was OK, that they would take care
of everything, when they knew that she had not protected herself
by filing an employee's claim for benefits.
We filed an employee's
claim for workers' compensation benefits; her company objected.
At a trial, we proved that my client had relied on what the company
told her, and that they had misled her. The jury awarded her the
disability benefits to which she was entitled.
(NOTICE:
PAST RESULTS ACHIEVED IS NOT A GUARANTEE OF FUTURE RESULTS. EACH
CASE IS UNIQUE AND REFERENCE MUST BE MADE TO THE SPECIFIC LEGAL
AND FACTUAL CIRCUMSTANCES PRESENTED.)
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