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$1.5 Million Settlement for Fall Occurring At Work Resulting In Controlled Seizure Disorder

In a confidential settlement, Jason M. Welborn and The Gaar Law Firm obtained a $1.5 million settlement, following mediation for a head injury, which resulted in a controlled seizure disorder. The plaintiff was employed at a pipe yard, and while working for his employer, he was required to traverse a dilapidated roof. While moving from one location to another, he was required to remove his safety harness from the existing life lines, in order to relocate to a new position. While in the process of relocating, he fell through a weak spot in the existing roof, suffering a concussion, a broken hand, and two broken ribs.

Over the next few months, the plaintiff developed a seizure disorder, which caused him to have epileptic episodes on an occasional basis. The plaintiff's seizures were effectively controlled with a combination of medications, avoiding the necessity for brain surgery.

Through diligent discovery and litigation efforts, Mr. Welborn and The Gaar Law Firm were able to successfully convince the defendants that the accident fell outside of the Workers' Compensation immunity, and entitled the plaintiff to a recovery. More importantly, Mr. Welborn and The Gaar Law Firm were able to successfully overcome the 1% comparative fault rule in Alabama. To explain, in Alabama, if a person is 1% responsible for their injuries, then they are not entitled to recover any amount. Through diligent litigation efforts, The Gaar Law Firm was able to convince the defendants that the plaintiff would not bear even 1% responsibility, despite the fact that he had untied from one life line, in order to move to a second life line.

At mediation, Mr. Welborn was able to convince the defense attorneys that they faced substantial exposure, even though the 1% rule would deny the plaintiff recovery if proven. The $1.5 million recovery was a lump sum settlement for all damages incurred by the plaintiff.

Gaar Law Firm, Louisiana Accident Attorneys

617 S. Buchanan Street, PO Box 2053
Lafayette, Louisiana 70501
800-553-2352