Hog Law Case Results

$1,600,000.00

Motorcycle Accident Resulting in Serious Injuries

Practice Area: Motorcycle Accident

Outcome: $1,600,000.00

Description: Confidential. Case of contested fault or liability. Case required supplemental investigation: We retained a private investigator to obtain all scene photographs, property damage photographs and witness statements; we retained an accident reconstructionist, requested copy of all 911 audio transcripts; and, attended and took all depositions to learn every detail of this crash. Case resolved in litigation – favorably for our client.

$1,000,000.00

Motorcycle Accident Resulting in Head, Neck & Back Injuries

Practice Area: Motorcycle Accident

Outcome: $1,000,000.00

Description: Confidential Settlement. 29-year-old male, not wearing a helmet, operated the Honda Shadow motorcycle in a westerly direction on a state road, traveling in the inside Lane (closest to the median) when the at fault vehicle (a truck) exited a private driveway violating his right-of-way. The biker swerved left attempting to avoid the collision, hit the inside concrete median, ejecting him from the motorcycle, causing him life-threatening injuries. Ultimately, the biker was diagnosed with a traumatic brain injury and multiple disc herniations in his neck and back. He lost his full-time employment, also resulting in high hospital bills, other medical bills, lost wages and future lost wages, also having significant past pain and future pain and suffering. The at fault driver had insurance coverage, having policy limits of $1 million, with no excess liability coverage available. Our client did not have any motorcycle insurance, nor have any automobile insurance with any underinsured motorist coverage. Suit was filed against the at fault driver and his company. Discovery findings confirmed the at fault driver/company had the insurance coverage above, without any additional insurance findings, nor any assets worthy of recommending any further pursuit of claim. Afterwards, the case resolved for the above policy limits of $1,000,000.00. We also went the extra mile to negotiate his outstanding medical bills, to providing the biker the very best Closing Statement, to provide him the very best financial recovery permitted under the circumstances. Fortunately for this biker, we reached a settlement agreement without extended litigation, saving the biker from additional time and litigation expenses, helping him maximize his recovery and get his life back as soon as possible.

$800,000.00

Motorcycle Accident Resulting in Serious Low Back Injuries / Aggravation to Pre-existing Injuries.

Practice Area: Motorcycle Accident

Outcome: $800,000.00

Description: Motorcyclist sustained a serious back injury, diagnosed with a herniated disc in his low back ultimately requiring surgery. Client had a prior medical history, and this was an aggravation to pre-existing condition case. The insurance company initially argued their insured (the at fault driver) was not liable citing our client had pre-existing back injuries from prior accidents, including prior medical records detailing his pre-existing low back injuries. In response, we noted Florida’s Standard Jury Instruction titled: “Aggravation or activation of disease or defect.” This standard jury instruction is based upon well settled Florida case law holding “where injuries aggravated an existing ailment … the person whose negligence caused the injury is [liable] in damages for the results of the disease as well as the original injury. In such cases the injury is the prime cause which opens the way to and sets in motion the other cause and … the defendant must respond in damages for such part of the diseased condition as his negligence has caused and if there can be no apportionment, or it cannot be said that the disease would have existed apart from the injury, then [the Defendant] is responsible for the diseased condition.” See, C.F. Hamblen, Inc. v. Owens, 172 So. 91 (Fla. 1937). Thus, the Defendant shall be held accountable for the entire condition where we can prove the motorcyclist (accident victim) suffered an aggravation of a pre-existing condition. Overall, we successfully met our two objectives: Our client obtained the best medical care, and he obtained a great financial recovery.

$600,000.00

Automobile Accident Resulting in Neck Injuries - Two Disc Herniations

Practice Area: Automobile Accident

Outcome: $600,000.00

Description: Rear-end collision by an F150 travelling at 35 mph. MRI studies revealed two disc herniations, client had surgery, having two discectomies at both levels, receiving artificial disc replacements. The insurance company argued our client's injuries were unrelated – arguing her age and degenerative conditions pre-existed the crash. We obtained all prior medical records and were able to show the crash caused the injuries, without question; and, the case resolved pre-suit, well exceeding our client's expectations, also saving her considerable time and expense. Client and her husband were very pleased with her surgeon, her medical and financial recovery.

$500,000.00

Motorcycle Accident Resulting In Leg/Ankle Injuries.

Practice Area: Motorcycle Accident

Outcome: $500,000.00

Description: The driver of a sport utility vehicle suddenly and unexpectedly made a left turn at an intersection, violating the right of way of a motorcyclist, causing a severe collision and resulting injuries. The at fault driver was cited for "Failure To Yield Right of Way". The motorcyclist sustained a compound fracture to his left ankle, also breaking both his tibia and fibula, also having extensive soft tissue damage to his lower left leg. Client's first attorney found the at fault driver did not have any insurance and terminated representation. Client's wife called our office, our investigation found our client and his wife had "Uninsured Motorist Coverage" ("Stacked") on their vehicles. Immediate demand was submitted to the Uninsured Motorist carrier, resulting in a policy limits tender of $500,000.00 within 20 days. We also conducted an asset and income investigation of the at-fault driver confirming he had no insurance; he was not working within the course and scope of any employment; and he was basically homeless. After recovery of the Uninsured Motorist coverage, we were successful in resolving a significant health insurance lien and able to provide our client with the maximum recovery.

The case is a reminder of two things every motorcyclist should know: Bad drivers typically have little to no insurance; and, it is very important to have Uninsured Motorist coverage on your motorcycle and on your cars ("Stacked coverage"), the highest limits you can afford. Otherwise, had this biker not had insurance, he might have found himself filing for bankruptcy, all because a bad driver had no insurance. While the state does not require certain bikers to have insurance, we remind bikers to have Uninsured Motorist coverage; as it is the most important coverage you can have, to protect yourself and your family.

$465,000.00

Motorcycle Accident Resulting in Neck Injury, Spleen Injury, & Scarring

Practice Area: Motorcycle Accident

Outcome: $465,000.00

Description: Confidential. This was a case of contested fault. In a pre-suit statement, the at fault driver denied many things and suit was filed shortly afterwards. A witness for the at fault driver argued the motorcycle did not have its lights on; and, should have been able to avoid the collision. A separate independent witness reported the motorcyclist had its lights, was not speeding and could not have avoided the crash. Case resolved in litigation; and, while this case involved a lot of moving pieces, our client was very pleased with the outcome, exceeding his initial expectations. Case resolved in litigation.

$450,000.00

Automobile Accident Resulting in Three Disc Herniations With Neck & Back Surgeries

Practice Area: Automobile Accident

Outcome: $450,000.00

Description: The driver of a 2006 Ford Mustang caused a 30 mph rear-end collision to our client, causing her to hit a third vehicle, causing a three-car chain reaction collision. Our client, the victim of this rear-end collision, presented to the hospital the same day with headaches, neck and back pain. Less than a month later, an MRI scan of her neck revealed two disc herniations – resulting in a neck surgery including a two level discectomy, with disc replacements. Six months after her neck surgery, she continued to have persistent and significant low back pain, radiating into her legs, worse after normal daily activities. MRI of her low back revealed an L5-S1 disc herniation, resulting in a surgery, an L5-S1 lumbar microdiskectomy. In response to our demand for settlement, the insurance company for the at fault driver cited our client had a long history of multiple prior health claims or issues, citing a prior motor vehicle accident, prior workers compensation claims, prior neck surgery, fibromyalgia, also arguing her MRI studies showed pre-existing disc desiccation, spurring and disc osteophytes. In response, we obtained copy of all prior medical records, highlighted the prior records to show she did not have complaints or neck or back pain in the years before this crash. By producing such prior records, we agreed a person of this age normally has arthritic conditions shown by such scans, she was asymptomatic and the trauma aggravated any pre-existing arthritic conditions, causing her neck and back pain, also causing the disc herniations, not found on prior MRI scans. This case demonstrates the importance of a client being truthful regarding her prior medical history. The case also demonstrates the importance ordering copies of all prior medical records; as, such records may actually help prove the crash caused the injuries complained of, as they did in this case. Case settled after suit was filed.

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$370,000.00

Automobile Accident resulting in neck injury (Disc Herniations & Surgery)

Practice Area: Automobile Accident

Outcome: $370,000.00

Description: A Honda SUV made an improper U-turn on a four-lane highway. At the same time, a second motorist operated a Chevrolet Tahoe (traveling at an excessive rate of speed) causing a rear end collision to the vehicle making an improper U-turn, causing him to collide with our client’s vehicle, resulting in a three car collision. Afterwards, our client was diagnosed with neck injuries (C5–6 and C6–7 disc herniations) including moderate to severe compression of the exiting right C6 nerve root. Afterwards, her medical care consisting of multiple procedures for pain relief including epidural steroid injections, diagnostic median branch blocks, radiofrequency ablations; and ultimately, she had surgery including an anterior cervical discectomy with fusion at C5–6, C6–7, with anterior cervical plating, also using a bone stimulator. Investigation revealed the driver making the improper U turn had Bodily Injury liability coverage of $10,000 only. The second vehicle, traveling at an excessive rate of speed, had Bodily Injury liability insurance of $50,000 only. Our client had Underinsured Motorist coverage. The insurance companies for both at fault driver’s tendered the combined policy limits of $60,000. Afterwards, we submitted the claim to the Underinsured Motorist carrier, the carrier argued our client’s conditions were arthritic in nature, arguing the crash did not cause her injuries, suggesting they would retain a biomechanical expert and a radiologist to defend the claim. Ultimately, with the use of before and after photographs, medical records and imaging studies, we were able to prove her injuries were in fact caused by this crash despite the small property damage caused to her vehicle. This case illustrates the importance of seeking timely medical and legal care, also following all professional recommendations to maximize your recovery. This case also illustrates the importance of having Underinsured Motorist coverage; as, her own insurance company paid $310,000 over and above the insurance limits of the at fault drivers’ to resolve this case (Total Recovery $370,000.00) and our client was pleased with the outcome.

$350,000.00

Automobile Accident Resulting in Neck Injuries & Surgery

Practice Area: Automobile Accident

Outcome: $350,000.00

Description: A 2006 Toyota Camry making a left turn violated the right of way of our client driving a 2006 Ford Expedition, totaling both vehicles. Our client was diagnosed with multiple cervical disc herniations, with diminished sensation in her left arm, also diagnosed with carpal tunnel syndrome. The disc herniations in her neck, at levels C4-5 and C5-6 required surgery including discectomies and artificial disc replacements. This client, following all recommendations, obtained a great results – in all respects.

$330,000.00

Motorcycle Accident Resulting in Neck & Back Surgeries

Practice Area: Motorcycle Accident

Outcome: $330,000.00

Description: An elderly man made a left turn in front of the motorcyclist causing him a closed head injury, C3-4 disc herniation, C4-5 disc herniation with cord impingement, L3-4 disc herniation, L4-5 disc herniation with nerve root impingement, and L5-S1 disc herniation, requiring two surgeries: 1) Cervical discectomies at C4-5 and C5-6 with fusion; and 2) Laminectomies at L4-5 and L5-S1. The other driver would not accept fault for the crash, the case was litigated, the insurance company argued the injuries were pre-existing or unrelated. After deposition of the Defendant, the case settled for the at fault driver's policy limits, also recovering all applicable underinsured motorist coverage, obtaining the best recovery possible. Case resolved in litigation.

$325,000.00

Automobile Accident Resulting in Neck Surgery

Practice Area: Automobile Accident

Outcome: $325,000.00

Description: A driver of a 2012 Nissan Altima stopped to make a left turn into the parking lot of a private business. Traffic for the opposite direction of travel was backed up with traffic and blocked the view of the driver, she was waived on to turn left and she violated the right of way of our client causing a significant crash between the vehicles. Our client, 54 years of age, had a prior medical history of neck pain. After this collision, she was diagnosed with two cervical disc herniations requiring surgery, having complete discectomies with total disc replacements. We obtained the prior MRI study of her neck and requested an independent radiologist to review the prior MRI study to the MRI study taken after this crash; and, the comparison study "proved" this collision caused both disc herniations, non-existent on the prior MRI study. By obtaining all medical records before and after the crash, including the MRI studies taken before and after the crash, we were able to prove this crash caused new neck injuries, requiring surgery. Case resolved pre-suit for policy limits.

$300,000.00

Motorcycle Accident Resulting in Head Injury

Practice Area: Motorcycle Accident

Outcome: $300,000.00

Description: Our client was riding as a passenger on a 2007 Harley-Davidson motorcycle when a vehicle pulled out from a side street pulling a trailer, debris fell off the trailer into the path of the motorcycle – causing the motorcycle to hit debris in the roadway, causing a serious motorcycle crash. The driver of the truck and trailer claimed he had insurance; and, investigation found his insurance had lapsed just prior to the crash, making him an uninsured motorist. We made claim for all underinsured motorist coverage available under our client's motorcycle and automobile insurance agreements – obtaining all available insurance monies in a timely fashion. This case demonstrates the importance of having uninsured motorist coverage; as, recent studies show at least 25% of Florida's drivers have little or no insurance coverage.

$292,500.00

Motorcycle Accident Resulting in Neck & Back Injuries

Practice Area: Motorcycle Accident

Outcome: $292,500.00

Description: A 2004 Mercedes Benz caused a rear-end collision, causing our client's vehicle to hit a third vehicle, causing a three-car crash. Injuries included a cerebral concussion, disc herniations in the cervical spine (neck), plus other injuries, resulting in permanent/total disability. At fault driver alleged our client improperly changed lanes in front of her just prior to crash. Case resolved pre-suit for near policy limits of the at fault driver, also receiving policy limits of client's underinsured motorist coverage. Case resolved prior to litigation, saving our client from additional fees, costs and time.

$288,210.20

Automobile Accident Resulting in Neck Injuries

Practice Area: Automobile Accident

Outcome: $288,210.20

Description: High speed rear-end collision caused injuries including disc herniations at C5-6, C6-7, persistent neck pain, headaches, resulting in pain management procedures including epidural steroid injections, nerve blocks and a cervical facet joint ablation procedure.

$275,000.00

Automobile Accident resulting in a neck injury, a C4-5 disc extrusion.

Practice Area: Automobile Accident

Outcome: $275,000.00

Description: A 2021 Dodge Ram Truck (with trailer) ran a flashing red light causing a T-bone type collision to our client’s vehicle, causing a roll-over crash and total loss. The at fault driver was charged with “Failure To Yield Right of Way.” Our client suffered from injuries at the scene, was removed from her vehicle by the “jaws of life” and was transported to the nearest hospital with chief complaints of neck and back pain. Afterwards she sought chiropractic care, then a neurologist for medication therapy, and the severity of her pain required surgery, an anterior cervical discectomy and fusion at C4-5 level, Afterwards, she was diagnosed with lifetime neck and back pain, insomnia and headaches. The at fault driver had limited coverage, having combined single limits of $300,000.00, another passenger in the vehicle also suffered injuries and a separate injury claim against the at fault driver and owner of the vehicle. Additional investigation revealed our client had no Uninsured/Underinsured Motorist coverage, the at fault driver and owner had no excess liability coverage, nor did they have any assets worthy of recommending additional pursuit of claim. The take-aways from this: The at fault driver initially denied he ran the red light. Fortunately, we located an independent eyewitness proving our client had the right of way, also proving the at fault driver clearly ran the red light. Second, our client had much greater damages than the applicable insurance limits in the matter. This case is yet another reminder of the importance of having Uninsured Underinsured Motorist coverage, as such coverage is important to protecting yourself and your family.

$275,000.00

Motorcycle Accident Resulting in C5-6 disc herniation indenting the spinal cord requiring surgery, also sustaining other injuries.

Practice Area: Motorcycle Accident

Outcome: $275,000.00

Description: A Toyota Avalon made a wide right hand turn at an intersection causing a sideswipe collision with a motorcyclist, resulting in significant injuries. The driver of the Toyota questioned how the collision occurred and a witness verified the elderly driver of the Toyota swung too wide while making his right turn, violating the biker’s right of way. The investigating Sheriff’s Deputy reported the driver of the Toyota “Failed To Yield Right-Of-Way”, also ordering the at fault driver to submit for re-exam for his driver license. Afterwards, MRI of Cervical Spine revealed a C5–6 disc herniation/extrusion, moderate cord indentation, also having neural foraminal narrowing, worse on the left. MRI of Right Elbow revealed tendinosis with a partial thickness tear. MRI of Right Ankle revealed a nondisplaced second and third metatarsal base fractures. Ultimately, the biker was referred to a neurosurgeon, diagnosed with the C5-6 disc herniation with tear, lumbosacral sprain and right cubital tunnel syndrome, recommending surgery, a C5–6 discectomy and total disc replacement. After surgery, all medical records, billing ledgers and final narrative reports were promptly submitted to the insurance companies. The insurance company for the at fault driver tendered their limits of $250,000. The motorcyclist had automobile insurance having Uninsured/Underinsured motorist coverage, tendering their limits of $25,000, for total recovery obtained of $275,000. The takeaways from this case are: 1. The at fault driver had Bodily injury liability coverage, having higher limits than usual. At the time of this writing, Florida law does not require Bodily injury coverage and many drivers have no such coverage, making them uninsured motorists. 2. The biker was smart to have automobile insurance having “Stacked” Uninsured/Underinsured motorist coverage, such coverage followed him as he operated his motorcycle and we were able to obtain all such additional insurance coverage in a timely manner, saving the biker from unnecessary litigation. This is another example where the biker obtained the best medical care and financial recovery available under the circumstances, without need for litigation, litigation expenses or delayed recovery.

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$250,000.00

Motorcycle Accident Resulting in Multiple Leg Fractures & Surgeries

Practice Area: Motorcycle Accident

Outcome: $250,000.00

Description: A Dodge Ram pickup truck caused a head-on collision to a motorcyclist. Injuries to the biker included a fractured femur, compound fracture to his left tibia and fibula, fractured ankle and fractured left foot. Case resolved for policy limits. Note, the at fault driver (driving his dad's truck) was a distracted driver – using his cell phone at the time of crash. The case is an important reminder to "put the cell phone down" when driving. The case is also a reminder that a crash can happen close to home, in your own neighborhood – and to always be on the lookout! Distracted drivers are everywhere.

$210,000.00

Motorcycle Accident Resulting in Herniated Disc & Surgery

Practice Area: Motorcycle Accident

Outcome: $210,000.00

Description: A driver of 1994 Honda caused a high speed rear-end collision to our client operating a 2008 motorcycle. Afterwards, the motorcyclist was diagnosed as having a post concussive syndrome, right-sided sciatica secondary to a L5-S1 herniated disc, ultimately requiring surgery. The at fault driver had bodily injury coverage of only $10,000.00; and, our client's underinsured motorist carrier tendered $200,000.00 policy limits. Case settled for all insurance limits, without need for litigation.

$200,000.00

Motorcycle Accident: Resulting in multiple injuries

Practice Area: Motorcycle Accident

Outcome: $200,000.00

Description: The driver of a 2019 Toyota Camry unexpectedly made a left turn violating the right of way of a motorcyclist causing a severe crash. The crash occurred at dawn, in clear and dry conditions. The motorcycle was totaled. The driver of the car was charged with "Failed To Yield Right of Way" and the motorcyclist was transported from the scene by ambulance to the hospital where he was initially diagnosed with a fractured fibula. In the months following, the motorcyclist was also diagnosed with additional injuries including C5-6 and C6-7 disc herniations, a torn right shoulder including a tear of the supraspinatus tendon and a SLAP tear of the superior labrum, plus other permanent injuries. The at fault driver had limited insurance coverage of only $50,000.00. The motorcyclist had a motorcycle insurance agreement having no Medical Payments coverage or Uninsured Motorist coverage. By further investigation, the motorcyclist had an automobile insurance agreement insuring three cars, having Uninsured/Underinsured motorist ("UM") coverage – Stacked of $50,000.00; and by having three vehicles, he had total UM coverage of $150,000.00. Comprehensive pre-suit demands were submitted to both insurance companies resulting in a total settlement of $200,000.00. This case illustrates the importance of having "STACKED" UM coverage in your automobile policy as such coverage may cover your losses even when riding your motorcycle. To protect yourself and your family, it is important to have stacked UM coverage (the highest limits you can afford) in your motorcycle and automobile insurance agreement(s); as, you cannot rely on a bad driver to have enough insurance to cover such losses.

$200,000.00

Motorcycle Accident Resulting in a Left Ulnar Collateral Ligament Injury and a Flexor Pronator Injury.

Practice Area: Motorcycle Accident

Outcome: $200,000.00

Description: A GMC SUV pulling an airboat on its trailer made a left turn at an intersection violating the right of way of a motorcyclist resulting in left elbow and left ankle injuries, the elbow injury requiring surgery. The insurance company for the at fault driver questioned whether the injuries were related to the crash. Medical records and the treating physician's final narrative report convinced the insurance company there were no pre-existing conditions; and, the insurance company tendered the above monies – without litigation, saving our client time and additional costs.

$200,000.00

Motorcycle Accident Resulting Collapsed Lung, Rotator Cuff Injury, & Multiple Disc Herniations - All Caused by a Drunk Driver

Practice Area: Motorcycle Accident

Outcome: $200,000.00

Description: A drunk driver made a sudden and unexpected stop in front of the motorcyclist, resulting in the following injuries: Closed fracture of the clavicle, a collapsed lung, fractured rib; and for the collapsed lung, surgery was required. MRI findings revealed a partial tear of the supraspinatus tendon (requiring surgery), T4-5 disc herniation with cord impingement; and, an L3-4 disc extrusion. Our comprehensive pre-suit demand package included copy of the dash cam video of the arresting officer – where the arresting officer actually had to wrestle the drunk driver to the ground. Case settled for drunk driver's insurance policy limits of $100,000.00 and client's underinsured motorist coverage limits of $100,000, for pre-suit total recovery of $200,000.00. This case is another example of the importance of having underinsured motorist coverage – to protect you and your family in case of an accident.

$200,000.00

Motorcycle Accident Resulting in Fractures to Tibia and Fibula

Practice Area: Motorcycle Accident

Outcome: $200,000.00

Description: A vehicle in front of the motorcyclist pulled into the center lane and then without warning swerved back into the through lane causing the motorcyclist to apply his brakes, causing him to lose control, causing him to be ejected, causing him road rash and a broken leg. There was no contact between the two vehicles. Supplemental crash investigation found the driver of the vehicle at fault for causing the motorcyclist to crash. The injury claim resolved for policy limits of the at-fault driver and the underinsured motorist limits. This case illustrates there does not have to be vehicle contact to prove the other driver at fault for causing the motorcyclist to crash, to hold the at-fault driver accountable. Case resolved for policy limits.

$150,000.00

Automobile Accident Resulting in Back Surgery

Practice Area: Automobile Accident

Outcome: $150,000.00

Description: Our client, 61 years of age, had an extensive prior medical history of low back pain dating back to when he was 13 years old. In later years, he also had an MRI of his low back revealing lumbar spondylosis at L4-5 and L5-S1, also revealing "L5-S1 disc extrusion" resulting in low back surgery in 2011. His surgeon reported: "He did well after surgery and his symptoms improved significantly." Four years later, a careless driver of a 2004 Nissan stopped at an intersection and slowly approached the center of the intersection, she failed to see our client, she continued to proceed through the remainder of the intersection and violated our client's right of way, causing a severe collision. After this crash, he presented to the emergency room with chief complaints of severe back pain, he followed up with his primary care physician with continuing complaints of low back pain; a repeat MRI study of his low back revealed an "L3-4 disc protrusion" with increased complaints of numbness down his left leg leading to a surgery six months later. The insurance company argued his complaints of injury were "pre-existing conditions." After filing suit, with the help of the prior medical records, we were able to prove the above crash caused "new injury" to his low back, causing an L3-4 disc protrusion, plus an aggravation to his pre-existing condition. The case demonstrates the importance of having copy of all medical records (including the prior medical records) to draw an accurate medical timeline. With such records, we proved how the crash caused a new back injury (plus an aggravation to a pre-existing condition) resulting in a second surgery. Case settled for policy limits during litigation.

$150,000.00

Automobile Accident Resulting in Neck & Back Injuries

Practice Area: Automobile Accident

Outcome: $150,000.00

Description: Our client travelled as a front seat-belted passenger in a 2004 Mercedes Benz; and, his driver made operated this vehicle in a negligent, careless and reckless manner by making sudden left turn at an intersection, violating the right of way of a vehicle travelling the opposite direction, causing a significant crash, also causing a collision with a third vehicle. Our client was diagnosed with neck and back injuries, also requiring surgical procedures including a C6-7 Laminectomy, foraminotomy and possible facetectomy. The at fault driver had insurance with Amica, having bodily injury liability coverage of $50,000.00; and, our client had an automobile insurance agreement with Mercury Insurance Company, having underinsured motorist coverage of $100,000.00; both carriers tendered policy limits, for total recovery of $150,000.00. This case demonstrates the importance of having your own underinsured motorist coverage.

$150,000.00

Motorcycle Accident Resulting in Back & Aggravated Neck Injuries

Practice Area: Motorcycle Accident

Outcome: $150,000.00

Description: 50 mph rear-end collision causing an L4-5 disc protrusion/extrusion and reaggravation of cervical (neck) disk herniations. Client had lumbar endoscopic discectomy surgery for his low back disc herniation. Note: Client had a prior motorcycle accident, had prior medical records; and, we were able to convince the insurance company this second crash aggravated our client's pre-existing injuries, causing a permanent aggravation to his injuries. In Florida, there is a standard jury instruction on the subject of aggravation to pre-existing conditions – allowing juries to award monies for such injuries caused by a crash.

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$150,000.00

Automobile Accident Resulting in Back Injury & Surgery

Practice Area: Automobile Accident

Outcome: $150,000.00

Description: A 2013 Chevrolet SUV failed to yield the right of way of our client at an intersection while he was driving to work, causing his vehicle to also hit a tree, totaling both vehicles. He presented to an urgent care, saw follow up doctors, MRI testing revealed an L5-S1 disc herniation with nerve root impingement, upon the right S1 nerve root requiring surgery. The at fault driver's insurance Company, GEICO, tendered their policy limits of $100,000.00, our client's underinsured motorist carrier, State Farm Mutual Automobile Insurance Company tendered his underinsured motorist coverage of $10,000; and, his parents underinsured motorist insurance carrier, USAA, tendered $40,000.00, for a combined total recovery of $150,000.00. This case demonstrates the importance of having Uninsured/Underinsured Motorist Coverage in your own automobile insurance agreement.

$150,000.00

Automobile Accident Resulting in Neck Injuries

Practice Area: Automobile Accident

Outcome: $150,000.00

Description: High speed rear-end collision to our client, a 28 year old male diagnosed with a C4-5 large disc herniation/extrusion, C6-7 disc herniation leading to neural impingement, without surgery. Case resolved in litigation for the amount stated above.

$150,000.00

Automobile Accident Resulting in Ankle Injury Requiring Surgery

Practice Area: Automobile Accident

Outcome: $150,000.00

Description: Our client, a 43 year old male, travelled as a front seat passenger in his wife's van when the other driver made a left turn in front of them, violating their right of way, causing a severe collision. Diagnoses or injuries afterwards included a synovitis of the left ankle, requiring surgery – an arthroscopy of the left ankle, with other operative procedures. The at fault driver had bodily injury liability coverage of $100,000.00 and our client had underinsured motorist coverage of $50,000.00. Both carriers tendered the above limits. Case resolved for all insurance limits.

$150,000.00

Truck Accident Resulting in Head, Neck & Back Injuries

Practice Area: Truck Accident

Outcome: $150,000.00

Description: Truck caused a rear-end collision to client while he was seated in his work vehicle. He was initially diagnosed with a concussion, C3-4 disc protrusion and an L5-S1 disc protrusion, neither requiring surgery. Insurance defense attorneys argued his extensive pre-existing conditions and failure to wear a seatbelt at time of collision. Case settled after extensive litigation. After settlement, we went the extra mile to mitigate or reduce all medical bills and related liens, to maximize our client's recovery, to provide him the very best Closing Statement possible.

$150,000.00

Motorcycle Accident Resulting in Broken Back and Arm

Practice Area: Motorcycle Accident

Outcome: $150,000.00

Description: A motorcyclist is on his 1999 Harley-Davidson FXST when he was coming up on a slight curve; and as he watched the car approach from the opposite direction, the car made a left turn immediately in front of him. The biker locked up his brakes and slid, he impacted the car on the front bumper and flew over the hood, landing in the grass, with his motorcycle pinned underneath the at-fault driver's car. Afterwards, the hospital diagnosed him as having a broken back (a fractured L4 vertebrae) and a broken arm above the wrist. After surgeries, his medical bills were approximately $180,000.00; the biker had no insurance and the at fault driver had insurance limits of $100,000.00. In lieu of accepting the at-fault driver's policy limits, additional investigation revealed the at-fault driver had additional assets. Afterwards, our office made a supplemental demand upon the at fault driver to pay an additional $50,000.00 out of his own pocket resulting in a total settlement of $150,000.00. Additionally, we went the extra mile to negotiate the outstanding medical bills, paying off his medical bills and increased our client's net settlement, placing additional monies in his pocket, helping him maximize his recovery. This case is a reminder of the importance of having underinsured motorist coverage; and, having an experienced attorney leaving no stone unturned, conducting a full investigation, knowing all avenues of financial recovery and making all possible demands to obtain the best recovery possible, also to reduce medical bills, to provide the best financial recovery possible.

$135,000.00

Automobile Accident Resulting in low back injury

Practice Area: Automobile Accident

Outcome: $135,000.00

Description: 26 year old male involved in a "rear-end collision" diagnosed with a low back injury, ultimately had a surgical procedure of a left-sided L5-S1 discectomy. Pre-suit negotiations were not productive with the at fault driver's insurance company. We filed suit and immediately took the deposition of the defendant driver, who testified the damage to his vehicle was minimal and mostly cosmetic. The defendant driver denied fault for the crash, refusing to accept any responsibility for the crash, simply stating "accidents happen!" Using such words "accidents" by the defense are terms of art – attempting to minimize a crash; and the defense uses such words to avoid being held "accountable" and to have sympathy. By Florida law, when a defendant runs into the rear of another vehicle while stopped for a traffic light or at an intersection, there is a "presumption of negligence" the defendant was at fault. Absent any explanation by the driver approaching the vehicle, the crash victim is entitled to a full and complete recovery for all damages. The rebuttable presumption of negligence is not just a mere inference – and the presumption is well known in Florida. The case settled shortly after the defendant's deposition. Had the case gone to trial, most judges would have granted a directed verdict of fault or liability against the defendant; and, the only questions for the jury would have been the amount of damages caused by the crash. Our client himself had an automobile insurance agreement with underinsured motorist coverage; and, his own insurance carrier tendered such limits immediately upon receipt of our comprehensive demand, increasing the ultimate recovery; yet, another reminder of the importance of having underinsured motorist coverage in your own policy.

$130,000.00

Motorcycle Accident Resulting in Breast Back Injuries

Practice Area: Motorcycle Accident

Outcome: $130,000.00

Description: 50-year-old female operating a 2020 Harley-Davidson Softail involved in a collision with a Nissan Maxima that violated her right-of-way. The driver of the Nissan Maxima was making a left-hand turn from the driveway of a shopping complex, pulling out of the driveway and stopped in the middle of the road, violating the right of way of the motorcyclist. The motorcyclist saw the vehicle violating her right of way, hit her brakes to prevent her from hitting the car, and then fell over the side of her motorcycle, with the bike then sliding forward into the car. Her chief complaints of injury on scene included injuries to her chest (plus other injuries) and she was transported by the local fire department to the nearest hospital. The driver of the Nissan Maxima was cited for failure to yield oncoming traffic. Ultimately, the biker was diagnosed with multiple injuries including but not limited to chest injury, hip injury, multiple abrasions (road rash), wrist injury, left breast implant deflation (requiring surgery) and a disc protrusion in her low back, requiring pain management, receiving nerve blocks and epidural steroid injections. Investigation revealed the at fault driver had bodily injury liability limits of $100,000,00, no additional assets, and our client herself had a motorcycle insurance agreement having underinsured motorist coverage of $10,000.00, also having an automobile insurance agreement with underinsured motorist coverage ("Stacked") of $20,000, allowing us to obtain total recovery of $130,000.00. Clearly, this biker had damages well in excess of the at fault driver’s insurance coverage and was smart to have underinsured motorist coverage in both her motorcycle and automobile insurance policies. Additionally, this matter resolved on demand(s) for settlement to the insurance companies, saving this biker from extended litigation, additional time and expense, maximizing her recovery as soon as possible.

$125,000.00

Motorcycle Accident Resulting in Fractured Nasal Bone, Fascial Lacerations & Other Injuries

Practice Area: Motorcycle Accident

Outcome: $125,000.00

Description: A 2009 Honda van violated the right of way of a motorcyclist on a 2000 Suzuki motorcycle. The motorcyclist was diagnosed with nasal bone fractures, facial lacerations, facial and leg scarring, a disc herniation at T12, a disc bulge at L5-S1 and other injuries. The driver of the van had insurance with State Farm Mutual Automobile Insurance Company, Bodily Injury Liability Coverage of $25,000.00; and, the owners of the van had insurance with Meemic Insurance Company, Bodily Injury Liability Coverage of $100,000.00; and, both carriers tendered their limits. Recovered all applicable insurance monies in a timely manner, without litigation, saving our client additional time and costs.

$110,000.00

Automobile Accident resulting in back injury (Disc Herniations & Pain Management)

Practice Area: Automobile Accident

Outcome: $110,000.00

Description: A Dodge Ram Four Door Extended Cab Pickup truck and loaded trailer caused a severe rear-end collision, totaling our client’s vehicle. Afterwards, our client was diagnosed with multiple lumbar disc herniations, also exhausting pain management treatment options including three lumbar epidural steroid injections, a lumbar medial branch block, also having a radiofrequency ablation procedure. Investigation revealed the at fault driver had Bodily Injury liability coverage of $10,000 only, without any other insurance coverage known. Additional investigation revealed our client’s automobile insurance policy had Uninsured Motorist coverage of $100,000, allowing for total recovery of $110,000.00. According to the Orlando Sentinel, a new study finds 20% of Florida drivers are on the road without insurance, the sixth highest rate of uninsured drivers in the nation. Fortunately, our client was smart and had Uninsured Motorist coverage within his automobile policy; and as noted above, this was a real difference maker in his recovery.

$110,000.00

Motorcycle Accident Resulting in Serious Injuries – Liver & Kidney Lacerations & Left Knee Fracture

Practice Area: Motorcycle Accident

Outcome: $110,000.00

Description: The driver of a Nissan Altima unexpectedly and suddenly made an improper lane change directly into a motorcyclist, causing a motorcycle crash. The at fault driver stated she “did not see the motorcycle” when she began to change lanes; and was cited for “Improper Lane Change” and Driving While License Revoked. After ambulance transport to the hospital, the motorcyclist was diagnosed as having a liver laceration, kidney laceration, facial lacerations and a left knee fracture. The at fault driver had automobile insurance, having bodily injury liability coverage of only $10,000. The motorcyclist had an automobile insurance policy having uninsured motorist coverage of $100,000, resulting in a total recovery of $110,000. This case is yet another example and reminder that many motorists on the roads have little or no insurance. It also illustrates the importance of having Uninsured Motorist coverage. Had the biker not had such coverage, she would have been out of pocket for thousands of dollars of medical bills, for an accident no fault of her own.

$110,000.00

Automobile Accident Resulting in Low back injuries, an L4 fracture.

Practice Area: Automobile Accident

Outcome: $110,000.00

Description: A drunk driver crossed over the center line and caused a head-on collision, causing multiple injuries by all parties. Our client, a front seat passenger of the other vehicle, wearing his seatbelt, lost consciousness at the scene, was transported by ambulance to the hospital and was diagnosed with burst fracture in his back. The drunk driver had insurance of only $10,000.00 and we were able to find underinsured motorist coverage of $100,000.00, for a total recovery of $110,000.00. Bad drivers, including drunk drivers, typically have little to no insurance coverage. This case illustrates the importance of wearing a seatbelt and having underinsured motorist coverage in your insurance policy, the highest limits you can reasonably afford.

$110,000.00

Motorcycle Accident Resulting in Multiple Injuries: Neck, Back, Shoulder etc.

Practice Area: Motorcycle Accident

Outcome: $110,000.00

Description: A motorcyclist riding his 2000 Harley-Davidson was on the expressway travelling the same direction as a 2005 Mazda owned by a cab company. The motorcyclist was in the inside SunPass lane when the driver of the Mazda darted over into his lane of traffic immediately in front of the motorcyclist and stopped abruptly, causing the motorcyclist to hit the rear of the Mazda. Police investigation followed and the driver of the Mazda was cited for Improper Lane Change. Afterwards, the driver of the Mazda denied fault for causing the crash, and litigation followed. In taking the deposition of the at- fault driver, the we asked when the last time his eyes were checked, he provided us the name of the eye examiner, subpoena for records was issued to the eye facility and we learned the defendant did not have his eyes examined. After such discovery, the driver's insurance company immediately tendered his insurance limits of $100,000.00 and we also collected the underinsured motorist limits of $10,000.00, for a total recovery of $110,000.00. In Florida, there is a presumption of fault when a vehicle rear-ends another vehicle; and, this presumption can be overcome when you can show the other vehicle made a sudden and unexpected stop without warning. Case resolved in litigation.

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$110,000.00

Motorcycle Accident Resulting in Headaches & Multiple Fractures.

Practice Area: Motorcycle Accident

Outcome: $110,000.00

Description: 45 year old motorcyclist operating a 2009 Kawasaki motorcycle on the interstate when the driver of a 2015 Mercedes SUV causes a rear-end collision to a 2005 Pontiac SUV, causing the Pontiac to rotate counter clockwise to strike the motorcyclist. The Florida Highway Patrol investigated the crash, reported the driver of the Mercedes was driving at an estimated speed of 65 miles per hour at the time of impact, charged her with "Careless Driving", also reporting she was "distracted or being inattentive." The at-fault driver had bodily injury liability coverage of $100,000.00. The motorcyclist did not have any motorcycle insurance. However, he did have an automobile insurance policy with uninsured/underinsured motorist coverage $10,000.00. Case resolved for policy limits, including the underinsured motorist coverage under the biker's automobile insurance. This case is a reminder of two things: 1) Distracted drivers are everywhere; and 2) Experienced attorneys look for all avenues of financial recovery, also to look at all insurance policies in the household; as, automobile insurance agreement(s) may also help increase the financial recovery after a motorcycle crash.

$100,000.00

Motorcycle Accident Resulting in injuries to left knee, left ankle, left foot with related lacerations, suture removal and scarring.

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: The driver of a Cadillac make a left turn at an intersection violating the right of way of the motorcyclist. The motorcycle, a Harley-Davidson Street Glide, was determined to be a total loss. The Sheriff’s office issued a citation to the driver of the Cadillac charging him with possession of “Open Container of Alcohol” also noting he “Failed To Yield Right Of Way of the motorcyclist.” The investigating officer also investigated for possible DUI and found the at fault driver not to be paired. Adding insult to injury, the at fault driver “claimed” he had a green arrow on a traffic signal. Fortunately witnesses stayed at the scene and provided statements to the officer noting stating the motorcyclist had a green light – proving the Cadillac failed to yield right-of-way. Fire Rescue arrived on scene, administered first-aid with emergency transport to a local hospital. The motorcyclist was initially diagnosed with abrasions, lacerations, pain, tenderness of left arm, left foot and left ankle. In the following months, the motorcyclist was ultimately diagnosed with a neck sprain/strain, shoulder sprain/strain, left shoulder sprain/strain, left elbow sprain/strain, left shoulder sprain/strain and left foot sprain/strain. The biker also continued to take pictures of his injuries to show continued swelling and scarring of his elbow/forearm. With such injuries, medical records and other documentation, the motorcyclist was able to prove his damages caused from the motorcycle crash, resulting in a significant financial recovery. Goals in such case are to obtain best medical care/recovery, also to obtain best financial recovery. The case resolved without need of filing a lawsuit, also saving the biker from litigation costs, additional time, and he obtained great results.

$100,000.00

Automobile Accident Resulting in Neck & Back Herniations

Practice Area: Automobile Accident

Outcome: $100,000.00

Description: A drunk driver of a 2021 Jeep Wrangler caused a rear end collision to our client’s vehicle, stopped in traffic. The crash occurred in daylight, clear and dry conditions and the drunk driver fled the scene after the impact. An independent witness identified the tag of the drunk driver’s vehicle, also taking pictures of both the drunk driver’s vehicle and the drunk driver himself. A 911 call alerted the authorities to the crash, the drunk driver fled the crash scene and shortly afterwards, the drunk driver was found and arrested, charged with Careless Driving, Leaving the scene without giving information, Driving Under The Influence and Causing Property Damage/Personal Injury. Our client, a 48-year-old female, had chief complaints of injury including neck and low back pain, underwent MRI studies and was diagnosed with a C4–5 disc herniation, a C6–7 disc herniation with nerve root impingement, an L4-5 disc herniation, and also an L5–S1 disc herniation. Our client did not have any Uninsured/Underinsured Motorist coverage. The drunk driver and an automobile insurance agreement having Bodily Injury liability coverage of $100,000.00, without any other excess liability coverage or collectible assets known. After surgery, our client’s medical bills totaled more than $150,000.00. The case resolved for the above policy limits of $100,000.00. After settlement, this office went the extra mile of reducing our client’s outstanding medical bills, towards making sure all medical bills were paid off and to provide her the best net settlement proceeds possible. This is one of the rare cases when the drunk driver actually had insurance coverage, actually having higher insurance coverage or limits than typically seen. The above case illustrates the importance of witnesses, photographs and the reminder to have Underinsured Motorist coverage, the highest limits affordable, to protect ourselves and our family.

$100,000.00

Automobile Accident Resulting in Serious Injuries – L3/4 Disc Herniation

Practice Area: Automobile Accident

Outcome: $100,000.00

Description: The driver of a Honda Civic ran a red light at an intersection causing a severe high-speed T-bone collision to our client’s vehicle, totaling both vehicles. The at fault driver initially denied fault for the collision stating he had the green light. Our client had a dash cam recording the event, showing he had the green light at the intersection and the other driver clearly ran the red light at a high-speed. Afterwards, our client was diagnosed with multiple cervical disc bulges, and L3–4 disc herniation and with a loose body in his right wrist, requiring pain management, injections, consultation with an orthopedic surgeon and such injuries caused him significant lost wages and medical bills. Investigation revealed the at fault driver had Bodily Injury liability limits of only $50,000. Our client, by his automobile insurance agreement, had Uninsured/Underinsured Motorist coverage of $50,000. Immediate demands were submitted to both insurance companies, the at fault driver’s insurance company tendered the limits of $50,000. Our client’s automobile insurance company tendered the limits of his Underinsured Motorist coverage resulting in a total recovery of $100,000 for our client. This case again illustrates the importance of having Uninsured/Underinsured Motorist coverage in your own policy, to protect yourself and your family. Otherwise, had this client not had such underinsured motorist coverage, he would have been out of pocket for thousands of dollars of outstanding medical bills and lost wages; and in all likelihood, he would have had to have filed for bankruptcy. Fortunately for him, he was smart, and he had underinsured motorist coverage.

$100,000.00

Motorcycle Accident Resulting in Fractured Leg Requiring Surgery

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: A driver of a 2017 Jeep passed through a stop signed and violated the right of way of our client operating a 2011 Suzuki GSXR 1000 – resulting in a fractured left leg requiring emergency surgery. The driver of the Jeep denied fault or liability for the crash. The investigating police officer was biased against motorcyclists and wrote the crash report to indicate our client was at fault. An independent witness helped us prove the Jeep driver was at fault and our client did everything he could do to avoid the crash. Her insurance company, GEICO, tendered her bodily injury liability limits of $100,000.00. This case demonstrates the importance of obtaining counsel quickly to conduct a more thorough investigation when needed.

$100,000.00

Automobile Accident Resulting in Neck Injuries

Practice Area: Automobile Accident

Outcome: $100,000.00

Description: A driver of a 2010 Honda Civic made an unexpected left turn in front of our client – causing a near head-on collision. Our client was diagnosed with neck injuries, he received trigger point injections, two medial branch blocks. Interestingly, the at fault driver denied the crash was his fault. An accident reconstructionist was retained, data of each vehicle was downloaded; such data and related property damage "proved" our client was not at fault. Afterwards, the at fault driver's insurance company timely tendered all available insurance limits. This case demonstrates the at fault driver does not always accept responsibility, will tell their insurance company their own version of how the crash happened; and, additional information is sometimes needed to get to the truth of how the crash occurred.

$100,000.00

Automobile Accident Resulting in Neck Injury & Surgery

Practice Area: Automobile Accident

Outcome: $100,000.00

Description: A driver of a 2006 Toyota SUV caused a rear-end collision to our client who was driving a 2017 Hyundai SUV. After collision, the parties exchanged information, did not call for a police investigation or report. Afterwards, our client was diagnosed with a C6-7 disc extrusion with impingement on the spinal cord, receiving pain management and eventually requiring surgery. The at fault driver had bodily injury liability insurance coverage of $100,000.00; and, the insurance company timely tendered the limits. Our client did not carry any underinsured motorist coverage. Case resolved pre-suit. Note: If you are involved in a crash, it is best to call the police and obtain a crash report!

$100,000.00

Motorcycle Accident Resulting in Headaches & Low Back Injury

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: 52 year old male operating his Harley Davidson with his wife as a passenger when another vehicle violated his right of way – causing a serious motorcycle crash. MRI of the low back diagnosed him with an L4-5 disc protrusion, he did not require surgery. The at fault driver did not have any insurance at the time of the crash. Our client had uninsured motorist coverage and thus had a recovery as noted above. This case and recovery demonstrates the importance of having uninsured motorist coverage in both your motorcycle and automobile insurance agreements!

$100,000.00

Motorcycle Accident Resulting in a Right Tibial Fracture & Fibular Neck Fracture.

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: A 1999 Chrysler Sebring came to a complete stop at a posted stop sign at an intersection, then proceeded to make a left turn and entered directly into the path of a motorcyclist having the right of way. The motorcyclist took evasive action to avoid a possible collision with the car by swerving to the right; and by doing so, he lost control of his motorcycle, laying the motorcycle down. The crash report noted this constitutes a "non-collision", still found the driver of the car at fault for causing the crash, citing the at-fault driver for failure to yield the right of way. This is an example where you can hold the other driver accountable for the careless or reckless driving although there was no contact between the vehicles. Case resolved for policy limits.

$100,000.00

Motorcycle Accident Resulting in Multiple Lacerations & Disc Herniations.

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: The at-fault driver exited a subdivision, entering the highway and violated the right of way of the 39 year old motorcyclist. Upon impact, the motorcyclist was ejected from the motorcycle, hit the at fault driver's side front tire and flew into her windshield up to his waist. The motorcyclist suffered multiple injuries to his head, neck, back, right arm and had right leg pain, also having extensive road rash or lacerations. Ambulance transport to the hospital resulted in numerous diagnoses including a head injury, wounds to his forearm and leg, neck and back pain, headaches and follow-up treatment revealed two disc herniations in his low back. The motorcyclist had no insurance, he had no underinsured motorist coverage; and, the at-fault driver had liability insurance limits of $100,000.00. Case immediately resolved for policy limits of the at fault driver, within 30 days of the crash.

$100,000.00

Motorcycle Accident Resulting in Broken Collar Bone Resulting in Surgery.

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: 23 year old motorcyclist test driving a friend's bike when a pickup truck travelling the opposite direction makes an illegal U turn, violating the biker's right of way, causing the motorcycle crash. The biker suffered from multiple injuries including a broken collar bone requiring emergency surgery, plus other injuries. After the crash, the driver of the pickup truck fled the scene, went to a nearby theater, witnesses followed. Afterwards, the Florida Highway Patrol located her vehicle in the parking lot of the theater, they found motorcycle parts from the crash inside the bed of the pickup truck; and, they charged her with leaving the scene of an accident, also charging her with Driving Under The Influence. Fortunately for this biker, witnesses followed the at fault driver and helped the authorities arrest the drunk driver, a drunk that had insurance. Case resolved for policy limits.

$100,000.00

Motorcycle Accident Resulting in Laceration of Left Upper Arm.

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: A 57 year old is operating his 2005 Harley-Davidson when a driver of a 2015 Ford Escape SUV violates his right of way, causing a significant collision between the two vehicles, causing life-threatening injuries to the motorcyclist. The motorcyclist was ejected, his head struck the driver's window, he was transported from the scene by EMS and ultimately airlifted to a local hospital as a trauma alert, in critical condition. Injuries included a severe laceration to his left arm, a dislocated shoulder and other lacerations, including road rash to multiple areas of his body. The motorcyclist did not have any motorcycle insurance. The at-fault driver had insurance limits of $100,000.00, immediately tendered after legal representation. Case resolved for policy limits.

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$100,000.00

Motorcycle Accident Resulting in Partial Rotator Cuff Tear.

Practice Area: Motorcycle Accident

Outcome: $100,000.00

Description: A 28 year old is operating a 2006 Kawasaki Ninja motorcycle when the driver of a Toyota automobile makes a left turn in front of the motorcyclist, violating his right of way – causing a motorcycle accident. The Florida Highway Patrol investigated the crash and charged the driver of the Toyota for turning left in front of approaching traffic. Afterwards, the at fault driver denied she was at fault, argued the motorcycle did not have its headlight on and argued the motorcycle was travelling to fast for conditions. In Florida, a crash report is not admissible as evidence in any civil action for personal injury. As there were no witnesses, it was his word against her word. After taking the deposition of the other driver, she testified she never saw the motorcyclist before the impact, she could not credibly state the motorcycle did not have its headlights on, nor could she prove the motorcycle was speeding. Case resolved in litigation. It is important to hire an attorney as quickly as possible to conduct a supplemental investigation after such a crash, to obtain any and all witnesses, scene photographs, property damage photographs; and sometimes, it may be necessary for the attorney to hire an accident reconstructionist (also to conduct vehicle inspection(s)) to help you prove it was the 100% the other driver's fault.

$92,500.00

Automobile Accident Resulting in Neck & Back Injuries

Practice Area: Automobile Accident

Outcome: $92,500.00

Description: A Hyundai van caused a "high speed" rear-end collision to our client, causing her to hit a vehicle in front of her, resulting in a three car collision. Our client was diagnosed with bulging discs at C3-4, C5-6, L4-5 and L5-S1, with abnormal nerve conduction studies, treated with chiropractic care, with pain management including trigger point injections, also receiving manipulation under anesthesia.

$91,250.00

Motorcycle Accident Resulting in Neck & Aggravation To Back Injuries

Practice Area: Motorcycle Accident

Outcome: $91,250.00

Description: 57-year-old female passenger travelled as a passenger on her husband's 2010 Harley Davidson motorcycle, they were stopped in traffic behind a van. Without warning, the driver of the van suddenly and unexpectedly reversed into the front of the motorcycle – causing a collision between the two vehicles. More than a week later, she presented to her doctor with headaches, neck pain, left shoulder pain, and aggravation to a prior low back injury. The insurance company, by their assigned defense counsel, alleged this was a minor impact and questioned whether it caused her any injuries, arguing she had the same complaints within her prior medical records, initially making small offers of settlement. The Florida Supreme Court approved Standard Jury Instructions in Civil Cases including a jury instruction for "Aggravation or activation of disease or defect" instructing the jury if the collision caused injury resulting in an aggravation of a pre-existing injury, the jury should attempt to decide what portion of the victim's condition resulted from the aggravation; and if the jury cannot make that determination, the jury should award damages for the entire condition suffered. The defense obtained surveillance video arguing she returned to a healthy and normal lifestyle. Afterwards, on closer review, we found their own video demonstrated her injuries and restrictions. Case settled just prior to filing suit, saving her from litigation expenses and/or trial costs.

$90,000.00

Motorcycle Accident Resulting in Right Shoulder Impingement Syndrome

Practice Area: Motorcycle Accident

Outcome: $90,000.00

Description: Our client, a 24 year old male, operated a 2005 Kawasaki Ninja 250 cc motorcycle when a 2006 Hummer SUV unexpectedly made a left turn in front of him, violating his right of way. Injuries included multiple abrasions to his arms and legs, a right shoulder impingement bursitis and rotator cuff tendonitis; left knee injury, a partial tear of his triceps muscle of the left elbow and a right ankle sprain. Note: In motorcycle accidents, as many bikers know, it is important to wear "all the gear all the time."

$89,999.00

Motorcycle Accident Resulting in Shoulder Injury & Surgery

Practice Area: Motorcycle Accident

Outcome: $89,999.00

Description: Our client, a 52 year old male, operated his 1997 Harley Davidson motorcycle when a lady driving a BMW automobile ran a stop sign, causing a motorcycle crash. Afterwards, our client was diagnosed as having a left shoulder full-thickness tear of his supraspinatus tendon with retraction, also resulting in surgery. The at fault driver's insurance company argued the shoulder injury was a pre-existing condition. Through litigation, we were able to prove the motorcycle crash caused an aggravation to a pre-existing condition; and, the case resolved in litigation.

$80,000.00

Motorcycle Accident Resulting in cervical disc herniations, right shoulder injury and right wrist injury.

Practice Area: Motorcycle Accident

Outcome: $80,000.00

Description: The driver of a Toyota Tacoma suddenly and unexpectedly made a left turn into a gas station violating the right of way of the biker causing a T-Bone type collision, causing serious injuries to the biker. EMS & Fire Rescue arrived on scene resulting in emergency transport to the nearest hospital. The biker was initially diagnosed with cervical muscle strain, hand laceration, motorcycle accident and musculoskeletal pain, also receiving a $30,000 hospital bill after discharge, without any hospital admission. With continuing complaints of pain, he followed up with his treating physician and after further diagnostic testing, received final diagnoses of three cervical (neck) disc herniations, also having a shoulder sprain/strain with impingement. The elderly at fault driver had Bodily injury liability insurance limits of $30,000. The motorcyclist had motorcycle insurance having Underinsured Motorist coverage of $50,000. Both insurance companies tendered the limits of both insurance policies resulting in a total recovery of $80,000. The hospital timely filed their Notice of Lien seeking recovery of $30,000 against our client’s recovery. Afterwards, we negotiated the hospital lien to less than $8,000 (saving the biker more than $22,000). The take-away(s) in this case are: 1. The biker was smart to have motorcycle insurance and to have Underinsured Motorist coverage, the highest limits he could reasonably afford. 2. The at-fault driver had Bodily Injury liability coverage of $30,000, she was elderly and did not have any personal assets to contribute additional monies. 3. We met the objectives of obtaining best medical care and best financial recovery for the biker, obtaining all insurance limits available, also going the “extra mile” by significantly reducing his medical bills, resulting in a Closing Statement with discounted attorney fees, little to no cases costs, reduced medical bills paid off and better than expected settlement proceeds to the biker – much more than he ever expected under the circumstances. Personal, prompt and professional service (leaving no stone unturned) resulted in a great outcome! On a finishing note, this biker afterwards is on a new bike, back on the road and living his dream of traveling across the country!

$75,000.00

Automobile Accident Resulting in Neck and Back injuries

Practice Area: Automobile Accident

Outcome: $75,000.00

Description: A 31-year-old female was coming to a stop at a yellow light when suddenly rear-ended by a Chevrolet pickup truck. EMS and Fire Rescue on scene with emergency transport to the hospital, where she had chief complaints of mostly neck and back pain. Afterwards, she sought chiropractic care; and, was then referred for MRI studies of both her neck and low back. MRI study of her neck revealed disc herniations at C3–4 and C4–5. MRI study of her low back revealed a disc herniation at L5–S1, with possible nerve root impingement. The at fault driver was insured with Allstate Fire and Casualty Insurance Company, having Bodily Injury liability limits of only $25,000.00. Our client had an automobile insurance policy having Uninsured Motorist coverage of $50,000.00. After such findings, demand was made to both insurance companies to timely tender the policy limits to resolve the case without litigation, also save our client from increased attorney’s fees and costs. Both insurance companies tendered their policy limits resulting in a total settlement of $75,000.00, obtaining best results in a timely manner. Afterwards, we negotiated her outstanding medical bills, to net her the highest settlement proceeds possible, providing her the best Closing Statement with terms of paying off all medical bills and increasing her settlement proceeds at the same time. This case is yet another example of the importance of having uninsured/underinsured motorist coverage within your automobile policy to protect yourself and your family.

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$70,000.00

Motorcycle Accident Resulting in Ankle Fracture & Surgery

Practice Area: Motorcycle Accident

Outcome: $70,000.00

Description: Gas station/parking lot motorcycle accident. Injuries included a mid-shaft displaced fibular fracture and a completely displaced medial malleolus (ankle) fracture. Client had surgery – open reduction internal fixation procedure to his left leg and ankle. Case resolved for policy limits – the at fault driver had $10,000.00; client's motorcycle insurance agreement had $10,000.00 underinsured motorist coverage; and client's automobile insurance agreement had $50,000 underinsured motorist limits. Case settled for all combined policy limits. This case demonstrates the importance of having underinsured motorist coverage in your motorcycle and automobile insurance agreements. Case settlement for all available insurance limits.

$60,000.00

Automobile Accident Resulting in Neck & Back Injuries

Practice Area: Automobile Accident

Outcome: $60,000.00

Description: The at fault driver ran a red light causing a crash at an intersection, with our client sustaining a disc herniation in both her neck and her low back. After the initial emergency room visit, she treated with a chiropractor, also treated with a medical doctor, had MRI studies of her neck and back revealing a neck and back herniation. She also sought treatment with a pain management doctor. The at fault driver had minimum Bodily Injury coverage of $10,000.00 without any other assets or liability coverage. Our client had Non-Stacked Underinsured motorist coverage of $50,000.00. Case settled pre-suit by obtaining the policy limits from both insurance agreements. This case is another example of the importance of making sure you have Uninsured/Underinsured Motorist coverage, the highest limits you can reasonably afford to protect yourself and your family.

$60,000.00

Automobile Accident Resulting in Neck and Back injuries.

Practice Area: Automobile Accident

Outcome: $60,000.00

Description: The driver of a Buick Enclave SUV caused a severe rear end collision to our client, totaling her vehicle. Afterwards, she presented to the emergency room, was diagnosed with sprains and strains and told to follow up with her primary care physician within 48 hours. As a massage therapist, she sought chiropractic care with her employer and x-rays revealed subluxations in her neck, upper back and low back. When chiropractic care and physical therapy failed, she was referred to a neurologist who ordered MRI studies, revealing disc bulges in her neck and upper back. When medications failed to improve her symptoms, she sought pain management and had epidural cervical injections, also having trigger point injections in her mid-back. For past medical history, she also had at least four prior accidents, most if not all involving prior chief complaints of headaches, neck pain and back pain. The insurance company for the at fault driver argued her injuries were pre-existing. During negotiations, we revisited the property damage photographs in the present crash, especially focusing upon a photograph showing this impact “broke her seat” and this photograph alone immensely helped negotiations, obtaining the best possible results for her under the circumstances. The above illustrates the importance of taking photographs of the vehicles involved in the crash, also taking photographs of the interior of your vehicle, especially taking pictures of bent or broken seats, head rests, seatbelts, windshields or otherwise. You or someone else can also take pictures of the vehicle while it’s in the repair shop to show additional damages, which will also be admissible at any jury trial.

$50,000.00

Automobile Accident Resulting in Neck and Back injuries with Aggravation To Pre-existing Conditions

Practice Area: Automobile Accident

Outcome: $50,000.00

Description: The driver of a 2015 Nissan automobile caused a rear-end collision to our client in rush hour traffic. The next day, she presented to the chiropractor with chief complaints of neck pain, back pain, and difficulty sleeping. A month afterwards, she had MRI studies of her neck and low back, both of which revealed disc herniations, never previously diagnosed beforehand. The at fault driver’s insurance company responded to her pre-suit demand with lowball settlement offer(s), resulting in a lawsuit filed against the at fault driver. During discovery, our client was truthful when asked about any prior medical history, noting complaints of prior neck and low back pain, treating for approximately six months before this crash, also producing copy of her prior medical records. Such prior records did not involve any necessity of ordering any diagnostic studies. Moreover, we argued such pre-existing conditions made her more susceptible to being injured by this 30 mile-per-hour rear end collision, also arguing she was never diagnosed with herniations in her neck or back any time before this crash. During litigation, the Court ordered us to attend Non-Binding Arbitration, resulting in an award that exceeded the at fault driver’s insurance limits or coverage. Ultimately, the insurance company tendered the at fault driver’s insurance limits of $50,000 just months before this case was set for jury trial. This case illustrates two important points: 1) Always tell the truth about any prior medical history, also sharing such prior medical history with your treating physicians, allowing them the best information to properly diagnose your injuries, including any aggravation to any pre-existing condition. Second, Florida’s Standard Jury Instructions expressly state an aggravation to pre-existing condition is compensable; and if the jury cannot separate the pre-existing condition from the new injuries, the jury shall award damages for the entire condition. Case resolved for policy limits approximately two months before the case was set for the pre-trial conference and jury trial.

$50,000.00

Motorcycle Accident Resulting in Back Injuries

Practice Area: Motorcycle Accident

Outcome: $50,000.00

Description: A 2007 SUV rear-ended a motorcyclist on his way to work, ejecting him from the motorcycle causing severe low back pain, ambulance transport, emergency room and follow up with other doctors. MRI study of his low back revealed three disc herniations. The at fault driver's insurance company first argued our client's injuries were pre-existing conditions, without success. The at fault driver's insurance policy had bodily injury limits of $50.000. Case settled for the at fault driver's insurance limits. Note: Often times, the insurance companies argue injuries are pre-existing conditions, arthritic in nature. Such arguments can be disproven by numerous methods, through prior medical records, through witnesses and by other means. Importantly, hire an experienced attorney to overcome such arguments, to obtain the maximum recovery!

NOTICE: The above results are a sample of the recoveries obtained by our office. In our 25 plus years, we have had the pleasure of representing many accident victims, obtained higher awards in catastrophic cases also with association of co-counsel – one including a $9 Million Dollar Judgment, later reduced to $8.7 Million Judgment, later negotiated and passed by a claims bill, approved and signed by Florida's governor, providing our client with future structured payments. There have also been a few cases where we have made supplemental demands against the at fault driver – obtaining greater monies than their insurance limits – because we were able to discover additional assets. We have also had lesser recoveries than those reflected above because of limitations of insurance coverage, or other factors, such as comparative fault or negligence. The above listing is not and should not be used to estimate the value of any other case; as, every case is different, each case has its own factors and every case should be professionally evaluated at the right time, on a case-by-case basis.