“No-Fault Insurance Settlement With Large Penalties. Case settled with Insurance Company paying 100% of hospital charges PLUS $135,000 in PENALTY Attorney Fee and Interest! Our Hospital client had over $750,000 in services provided a catastrophically injured patient. The Insurance Company repaid the Medicaid lien alone and informed the Hospital client that it would not pay the balance of the bills. We successfully compelled the Insurance Company to pay the $750,000 PLUS $135,000 in No-Fault penalty interest and attorney fees.”
“Trucking Negligence Wrongful Death. A trucker suffered a fatal heart attack while driving his double bottom truck and trailer. As a result, he crossed the center line into on-coming traffic, and killed our client. We sued, learned that the trucker had a lengthy history of high blood pressure and diabetes. His doctor prescribed 2 medications for each condition. Unfortunately, the trucker became noncompliant with his medication regimen. This resulted directly in the fatal heart attack. We were able to obtain a settlement of $775,000 for our client’s estate.”
$575,000 SETTLEMENT FOR TRUCKING INJURY CASE. Wayne Miller recently settled a case for No-Fault insurance benefits involving serious burn injuries to a trucker. The case hinged on whether the trucker was an employee of the insured trucking company or an independent contractor. After careful review of the trucking company personnel file and depositions of the various personnel, we were successful in establishing that the trucker was an employee of the trucking company. Therefore, the trucker was covered by the company’s No-Fault insurance and benefits were secured.
$1.9 MILLION SETTLEMENT FOR NO-FAULT BENEFITS ON A RESIDENCY ISSUE. Milea Vislosky recently settled a claim on behalf of the injured person’s guardian, hospital and rehabilitation facility for $1.9 million. The injured person was a passenger in an uninsured, unregistered vehicle that was involved in a serious crash, leaving him catastrophically injured. The main issue in the case revolved around whether or not the injured person was a California resident or a Michigan resident. The case was complicated by the fact that the original application for benefits, as well as the police report, stated the injured person was a California resident. There was evidence that he was traveling to Michigan to stay with his sons when the crash occurred. He never made it to his sons’ home. Milea went into great depth to show how the patient was a Michigan resident and was successful in getting Michigan No-Fault benefits for the injured person and his medical providers.
$768,000 SETTLEMENT FOR A PEDESTRIAN’S NO-FAULT BENEFITS. Andrew Horne recently settled a case in an action in which the underlying patient had sustained catastrophic injuries arising out of a motor vehicle v. pedestrian accident. The driver of the striking vehicle fled the scene, and no insurance applicable to the loss could be identified. As a result of litigation filed against the insurer, Andrew successfully recovered over $768,000.
VERDICT ON DIFFICULT MEDICAL CAUSATION CASE. Martin Hogg and Milea Vislosky recently obtained a jury verdict on behalf of a neurosurgical group. The case involved significant pre-existing injuries, with the patient having undergone back surgery by our client eight months before the accident for similar complaints. The patient was still recovering from the prior surgery when he was struck by a car while trying to cross the street. He did not go to the emergency room until the following day. Our client performed a lumbar fusion surgery several months after the accident. Along with his long and well-documented history of low back issues, the patient had a low level of education and suffered from bi-polar disorder. As a result, he had a very difficult time articulating the difference between his post-accident symptoms and the back pain he had experienced before the accident. The insurer denied it was responsible for payment of any of the medical bills following the accident, claiming the pain complaints were the same and there was no change in the MRI before and after. The successful trial strategy involved an intense focus on the medicine through the testimony of the neurosurgeon, who was in the unique position of being the only witness who had physically seen the patient’s spine both before and after the motor vehicle accident. The insurer offered nothing to settle the case. After eight days of trial, the jury returned a verdict in favor of our client for $66,176.75 (100% of the unpaid medical bills and No-Fault interest). Case evaluation sanctions are pending. Another great result on a difficult medical causation case!