- 1 Examples of Some Settlements, Awards & Verdicts
- 1.1 ABOVE THE POLICY LIMIT
- 1.2 CLIENTS WITH PRIOR / PREEXISTING INJURIES
- 1.3 CLIENTS WHO WERE AT FAULT
- 1.4 CLIENTS WHO STARTED WITH ANOTHER LAWYER
- 1.5 CONCUSSIONS
- 1.6 OTHER INJURIES
- 1.7 SCARS
- 1.8 SPRAINS
Examples of Some Settlements, Awards & Verdicts
ABOVE THE POLICY LIMIT
$155,000 Settlement — on a $25,000 policy! — reported by Jury Verdict Review & Analysis
This was a hit and run accident. Our client was riding his motorcycle on the Brooklyn-Queens Expressway when he was struck by a car which fled the scene. We filed a claim against our client’s underinsured coverage which was only $25,000 but we put the insurance company and a bad position and they were forced to settle for $155,000 which was $130,000 more than his insurance coverage.
This settlement above the policy was worthy of being recognized by New York Jury Verdict Review & Analysis.
$465,000 Jury Verdict — $10,000 Offered for Meniscus Tear (Knee injury) — reported by Jury Verdict Review & Analysis
The jury awarded our client $465,000 for a torn meniscus (knee injury). Our client was injured in a motorcycle accident when his motorcycle struck the side of a car making a left turn. The insurance company, GEICO, initially offered only $10,000 to settle! Just before trial GEICO offered $20,000 and at trial offered $100,000 which we declined. GEICO argued to the jury that our client caused the accident. GEICO also had 2 orthopedic surgeons and a radiologist to testify that he did not tear his meniscus. The jury did not believe the defense and awarded our client 100% liability against the defendant and $465,000 for his injury. The insurance policy was $300,000.
This knee injury trial in Nassau was published by New York Jury Verdict Review & Analysis.
CLIENTS WITH PRIOR / PREEXISTING INJURIES
We don’t mind if you had a prior injury. A preexisting injury just makes your pain worse! These are some examples of cases with prior injuries
$1,000,000 Settlement — Neck injury with surgery and a prior surgery — reported by Jury Verdict Review & Analysis
Our client Catherine B. was injured in a forklift accident in a warehouse store in The Bronx, NY.
Catherine fell backwards when struck in the leg by something carried on a high low (Hi-Lo type) forklift. The insurance company initially denied the claim and refused to make a settlement offer arguing that the accident never happened because 1) the warehouse store was closed on Saturday when the accident was alleged to have happened; 2) an accident report was not made until Monday; and 3) the plaintiff was not taken to the hospital by ambulance from the scene but only drove to the hospital later. The insurance company believed the injury was caused elsewhere.
We won Summary Judgment which means the warehouse was found by the court to be 100% at fault for causing the accident.
The Insurance company then argued that the value of the injury was not worth what we were demanding because she had a prior neck surgery from a previous accident approximately ten years earlier.
We argued that the prior neck surgery put her in a worse condition than she would have been. She needed a new fusion at the same level.
We started a lawsuit and after depositions won summary judgment which means that the defendant was found (years before trial) by the judge to be 100% at fault and entitled our client to 9% interest.
The warehouse went out of business and there were no assets to go after so we settled the case after depositions for the entire insurance policy of $1,000,000.
This neck injury settlement in the Bronx was published by New York Jury Verdict Review & Analysis.
$750,000 Settlement — Back injury with surgery and preexisting back pain
Our client was struck by a car that ran a red light in the Bronx. She re-injured her lower back and went to a lawyer who wasn’t really interested and told her to come back after she had some medical treatment. He sent her to a clinic she didn’t like. She called us and we took the case. We then sent her to a top orthopedic surgeon.
She had prior low back pain and was seeing an orthopedic surgeon for 2 years before the car accident right up until two months before the accident. The insurance company argued that her injuries existed before the accident and were not caused by the accident.
$567,000 Verdict — TMJ Injury
Our client was driving a car when she was struck by a Ryder truck in Nassau County. She had substantial pain from a TMJ injury and had two surgeries. The TMJ (temporomandibular joint) is the joint in your jaw on the side of your face. There are two joints, one on each side, which allow your jaw to open and close. The defense attorneys claimed that her TMJ injury was not caused by the accident and was caused by teeth which had been missing for years, poor dental health and emotional problems. This case could not be settled and went to trial. The jury it wanted to give a verdict of $1.3 million and asked the judge if they could reduce the verdict to $567,000 on the condition that our client received the money immediately and not over the remainder of her life. The jury misunderstood the judge’s instructions and thought that the money would be paid over her life. The judge accepted the verdict at $567,000 and denied the defense attorney’s request to reduce the verdict further.
CLIENTS WHO WERE AT FAULT
$100,000 Settlement — Client was turned down by another lawyer
Derrick O. was seriously injured while riding his bicycle when he was struck by a car. He went to a lawyer at the time of his bicycle accident but the attorney didn’t want the case because the police report was bad for him and the insurance company denied the claim because a witness and the driver said the driver had a green light and the bicyclist ran a red light.
Derrick had serious injuries consisting of a broken facial bone (maxilla), orbital fracture and dental damage. Two years later, Derrick needed the permanent teeth for his dental implants but GEICO refused to pay the dental bill under the no-fault benefits so his dentist was never paid for the work already done and the dentist wouldn’t finish. Derrick called us. We made GEICO pay for the dental treatment within a couple of weeks and his dental work was completed.
But GEICO denied the personal injury claim and said they would pay nothing for pain and suffering. 5 months after we got the case, we forced GEICO to pay the entire $100,000 policy to our client.
CLIENTS WHO STARTED WITH ANOTHER LAWYER
$250,000 Settlement — We were the 3rd law firm
Our client’s front teeth were damaged in a motorcycle accident. She hired a motorcycle attorney and asked him to find a dentist to fix her teeth. He was unable to find a dentist to treat her, so she hired another accident lawyer. That lawyer was also unable to help her so she looked for another lawyer on the Internet and found our website for motorcycle accidents. We were able to get a specialized dentist to fix her teeth immediately. We settled her case just before trial for the entire insurance policy of $250,000.
$310,000 Settlement — Client’s First Lawyer Tried to Settle for $75,000
This was my first case when I started my own law firm!
John V. was injured in a car accident when he was hit in the rear by two cars.
When I met John, he asked me if I thought $75,000 was a fair settlement for his neck injury. He already had an attorney for his accident, but was unhappy because his attorney wanted to settle the case for $75,000.
His lawyer sent a letter to the insurance company demanding $125,000 and told him that the insurance company would offer $75,000 which the lawyer recommended taking. John had a copy of the letter from his lawyer; the police accident report showing that he was hit in the rear; and a copy of his medical records.
I told John that I would get him $300,00 and would definitely not recommend a settlement of $75,000 or $125,000.
My friends said I was crazy to take the case because since his first lawyer sent a letter to the insurance company demanding $125,000, that I would never get more than that. I took the case and sent a letter to the insurance company advising that I now represent John and withdrew the demand for the previous lawyer and now demanded $300,000.
Several months later I settled the case for $310,000 which included $290,000 plus the entire $10,000 policy of another car plus $10,000 uninsured coverage his first lawyer wasn’t aware of. His first attorney never even filed an uninsured claim with his insurance company and didn’t file a claim against the car in the middle. When I got the case 2 years after his car accident, it was too late to file an uninsured claim but I filed it anyway and his insurance company didn’t respond in time to deny it.
The total settlement was $310,000 (more than 4 times what his prior lawyer wanted). See the Settlement Demand Letter from the first lawyer and the settlement checks I obtained.
$100,000 Settlement — Client’s First Lawyer Couldn’t Settle the Claim
Mark W. was hit in the rear in a hit & run accident by a car that fled the scene. He called us when his attorney was unable to get his insurance company to settle his uninsured claim. His lawyers told us they didn’t know how to prove his facial paralysis was caused by the car accident and that the insurance company was claiming it was from Bell’s palsy. Although uninsured claims can be decided by a two hour arbitration, our client did not like going out of the house and didn’t want to go to an arbitration. We really had to settle but we were able to get his insurance company to settle for the entire $100,000 policy without arbitration.
$1,250,000 Million Settlement — Concussion
A 46 year old woman was in a minimal impact accident. She did not report headaches until a month after her accident. Her neurologist said the headaches were caused by either early MS or from prior Lyme disease. The insurance company obviously thought this case had problems. The first settlement offer was $50,000. Attorney Robert T. Plevy, Esq. settled the case at trial after picking a jury and before the trial started for $1,250,000.
We know how to spot a brain injury from a concussion, often missed by hospitals which simply send you home telling you to rest. We started BrainInjury911.org to provide information to people with brain injuries.
$100,000 Award — $5,000 Offered for Torn Ligament in Thumb
Our client, Carl M., was offered a settlement of only $5,000 when he was injured in a motorcycle accident which resulted in a torn ligament in his thumb. There was no contact between the car and the motorcycle.
Carl put his motorcycle down to avoid hitting a car which was backing out of a driveway. The insurance company argued that there was no reason for him to put his motorcycle down because the car was stopped in the driveway. The insurance company also argued that Carl had a minor injury. We arbitrated the case before a New York State Supreme Court Judge and proved that the driver of the car was at fault. We obtained a $100,000 award at arbitration (20 times the settlement offer).
These two examples show how valuable scars are and how the value of the scar increases as the scar increases in size and location.
$150,000 Settlement — Scar on forearm without surgery
$25,000 Settlement — Scar inside lip plus a small scar on his leg which was among other previous scars
$16,000 Settlement — Scar inside lip
Lia F. was hit in the rear in a car accident and bit her lip causing a tiny pin point white mark on the inside of her lip. This was settled without filing a lawsuit.
$7,000 Settlement — Minor Back Sprain Pedestrian Accident
Our client Antonio M. was injured in a pedestrian accident when he was struck by a car in Queens and sustained a lower back sprain. He only had 1 visit to an orthopedic surgeon; 4 visits to a chiropractor and 2 months of physical therapy. The insurance company refused to pay him anything so he called us.