Entries from October 2008 ↓

Two separate million dollar settlements from the Florida Insurance Lawyers at Zebersky & Payne.

Addison v. American Medical Security and Untied Wisconsin Life Ins. Co.
- Zebersky and Payne helped their client receive a 40 million dollar valued settlement after verdict.  This was a class action against out of state group health insurance company based on the company’s rating practices.

Jeff v. Brown
- The clients of Zebersky and Payne were awarded a $18.5 million-dollar judgment for a quadriplegic injured from a gun wound.  This was part of a bad faith settlement.

The lawyers at Zebersky & Payne are Bad Faith Attorneys in Florida.

3/20/08

Plaintiff and representing personal injury attorneys at Becker, Kellogg and Berry settled a case against a property management company, Kimco Realty Corporation, for $52,000 for a trip and fall that occurred when she stubbed her toe on a protruding portion of an uneven sidewalk located outside a Safeway store in Fairfax County, VA.

Plaintiff fractured her right elbow and left knee and had surgery on both and a follow-up surgery on her right elbow. These cases are very difficult for Plaintiffs to prevail in Virginia courts due to notice requirements and other legal hurdles.

While the 61-year old plaintiff was driving down Route 123 in Virginia at 45mph, the defendant driving 55mph behind him lost control of the vehicle and crashed into the defendant.  The plaintiffs car became airborne and finally stopped after rolling down an embankment. The plaintiff suffered scalp lacerations and complained of pains along his right side.

For his injuries and his totaled car, the plaintiff’s original demand was for a quarter million dollars, and the insurance company, Hartford Insurance, countered with an offer of $40,000.  In a case such as this, it is important to consider the details of the case when determine why and how the plaintiff via his Springfield VA auto accident attorneys and defendant came to agree on the final $140,000 settlement.

Had the plaintiff shown he was suffering enough to cancel or reschedule his upcoming five week long Honeymoon vacation overseas, the panel of jurors may have found much more sympathy for the victim, resulting in a much more substantial award. Ultimately, good fortune in avoid serious injury may have worked against his favor in settlement court.

An additional unfortunate situation that also played against him and in favor of the defendant was that the defendant was not administered a breath test for over three hours after the accident.  When finally tested, he had a recorded Blood Alchohol Content was .19% (under VA law the legal limit for blood alcohol content is .08%) . Had the police immediately performed a breathalyzer test, the plaintiff may have been awarded a larger settlement due to a higher BAC.

For more information about this Virginia DUI accident visit Becker, Kellogg & Berry, P.C.

A jury has awarded two men in Austin Texas a total of $1.5 million in a lawsuit for injuries and medical bill reimbursement. Back in 2006, Ronny Martinez and Kenneth O’Neal were driving on 35E in Waxahachie, when an 18 wheel tractor trailer veered into their lane and connected with their car. The trucking accident caused the car flipped several times, with Martinez suffering a fractured vertebra, while O’Neal suffered serious injury to his right knee and suffered mild traumatic brain injury from the crash.

The two men sued Celadon Trucking Services Inc for negligence for hiring the driver Michael Wade, whose negligence in turn caused the accident. The jury found the trucking company guilty after only four hours of deliberation and issued $750,000 to pay off the medical bills and an additional $750,000 for pain, suffering and physical impairment.