Recent Verdicts & Settlements
Florida Personal Injury Cases
Read About Victories Jeffrey Hensley has Achieved for his Clients
Firm obtains $1,375,000.00 recovery against insurance company for denial of partial disability benefits
After our client, a practicing physician in his early 40s, suffered an injury to his cervical spine, he sought disability benefits, as provided for in his insurance policy. The insurance company, however, decided that since our client was a psychiatrist, his injury would have no impact on his ability to work. When he retained our firm to represent him, we immediately brought in expert witnesses who testified that while the duties of a psychiatrist may not, at first blush, be considered physical in nature, one whose duties include work in hospitals can, and often are, faced with suicidal or combative patients and many times is required to participate in take-downs, physical restraint and self-defense. As our client was no longer to perform such duties, he was forced to give up his hospital practice, which had a negative impact on his ability to earn income.
As a result of his injuries, the physician filed a claim for partial disability benefits under his existing insurance policy. His claims were denied when the insurance company argued that he could perform the ‘essential’ duties required of his employment.
As the result of our efforts, and thanks in large part to the testimony of the expert witnesses who testified on our client’s behalf, the case was settled prior to trial for over $1.3 Million. This came less than a week after mediation, during which time the insurance company offered less than half that amount. We refused their settlement offer and prepared to take the case to trial. The insurance company knew we were serious, and prepared, choosing to settle rather than litigate.
$1,500,000 recovery for victim of post traumatic stress disorder
When our client, a vibrant 29-year-old anesthesiologist, came to us for help, he was a shell of his former self. While working as a resident in a level-1 trauma center, he had witnessed the death of 4 patients under his care one weekend, after which he began to experience a lack of concentration and lost his ability to cope with stress. He completed his residency, working for several years as an anesthesiologist until his mental condition deteriorated to such a point that he turned to illegal drugs in an effort to cope with the stress. He eventually underwent substance abuse treatment, and was soon forced to leave his practice due to lack of productivity. His doctors found that he suffered form post traumatic stress disorder associated with his work in the trauma center and his close-hand witnessing of so many deaths in such a short period.
He filed a claim for disability insurance benefits under insurance policy, but his claims were denied. After several attempts to cut off his benefits, the insurance company sent him a $72,000.00 payment, which they claimed pay for his rehabilitation. However, by the time he received the proposed lump sum he had given up his license to practice medicine and sold his interest in his practice. He returned the $72,000.00 as insufficient and filed suit, alleging that the insurance company had breached its contract by terminating his disability payments.
The insurance company had made numerous attempts to deny his claim, even going so far as calling in expert witnesses to testify that his troubles were the result of a personality disorder, and thus not covered by his policy. Our firm discovered internal memos, however, that bolstered our client’s claim, and we were able to obtain a settlement prior to trial in the amount of $1.5 Million.
Auto Accident: $1,490,000.00 settlement for brain and bodily injuries.
Our 40 year-old client was legally stopped on a busy road to make a left-hand turn into her driveway when the car behind her failed to stop in time. When the car behind her crashed into the rear of her vehicle, her car was propelled forward and crashed head-on into another vehicle traveling in the opposite direction. Our client suffered a fractured cervical spine vertebrae that required surgery, in addition to a brain injury that interfered with her ability to work at her former job.
Although the defendant didn’t dispute liability, his insurance company alleged that our client’s injuries were worsened by her failure to wear a seat belt. The defendant driver only had $1,500,000 insurance coverage available: $10,000 was paid to the other driver involved in the head-on crash and the remaining $1,490,000.00 was paid to our client.
$560,000 Workers’ Compensation Settlement
Our client was a vending machine delivery worker who was injured in a single vehicle accident. She was rendered an incomplete quadriplegic. We believed this lady needed multiple home modifications and accommodations that the carrier refused to provide. We asked the treating doctor to incorporate our recommendations into her treatment plan and she accepted. During mediation, we employed a settlement planner to structure a settlement that would provide funds for future medical needs and preserve the funds paid for loss of future earnings. The settlement plan was subject to and met Medicare’s approval so we preserved her right to receive Medicare benefits in the future.
24 Hour Per Day Attendant Care Awarded For Brain Injury
Our client was 31-year-old fire sprinkler installation technician. His employer told him to use a ladder that the employer knew was unstable and had taken out of service. The ladder collapsed and this man fell onto concrete. Since he was unable to break his fall, he struck his head on concrete. He immediately suffered total loss of hearing in both ears and a traumatic brain injury. His doctor fit him with bilateral Cochlear implants. The man was not able to smell anything including smoke, not able to hear noise other than voices (and then, only when wearing his Cochlear implants, which are not worn while sleeping), and was frequently dizzy and depressed. We asked the brain-injury doctor whether it was safe for this man to be left alone. She said firmly, “No!” We took the case to trial and we won. The judge ordered the insurance carrier to pay the man’s fiancé and friends who stay with him hourly wages equal to professional in-home nursing services. The value of 24-hour attendant care over the man’s lifetime is more than $3,000,000!
$587,500 Settlement for Medical Only in a Work Injury Case
We obtained a cash settlement for only the rights to future medical care following a work injury. Our client was able to invest the money and manage her own medical care.
Auto Accident: $500,000.00 settlement for head-on crash with total knee replacement surgeries
Our client and his wife were hit head-on by a vehicle that crossed the center line. The defendant driver’s insurance company alleged that our client should have avoided the crash because an eyewitness to the collision thought that there was enough time to avoid the crash. Accident reconstruction experts showed how the collision was inevitable and that our client was not at fault for the collision. Prior to hiring a lawyer and filing a lawsuit the defendant insurance company refused to settle the case.
$272,000 Cash and Waiver of Lien Valued in Excess of $400,000
We handled the workers’ compensation case for our client who had multiple surgeries following a motor vehicle accident. The total value of the settlement was no less than $672,000.
$227,500 Workers’ Compensation Settlement
Our client was partially crushed by a fork lift resulting in a fractured pelvis and severed urethra. At thirty-eight years old, client was accepted by the carrier as permanently disabled.
Fall on Ice Rink Declared Compensable
The Court found our client suffered a compensable accident when she fainted while standing on ice rink in local mall. The Insurance company argued the injuries where not their responsibility. The Insurance company doctors testified client’s injuries where unexplainable. We used brain injury experts to prove our client’s case and we won.
Auto/Truck Accident: $175,000.00 settlement for shoulder and closed head injuries.
Our client was an MBA executive driving his new vehicle on the highway when a semi-truck/trailer improperly changed lanes and crashed into our client’s car. The crash caused our client’s vehicle to spin out of control and into a cement barrier. Our client hit his head inside the car but didn’t lose consciousness. His shoulder also hit the inside of the car and was jarred by the seatbelt. Several months later he required surgery for a shoulder impingement syndrome that developed from the injury, but he also became depressed and noticed that he was unable to perform his executive tasks at work, especially mathematics.
Although liability was not disputed, the insurance company for the truck company alleged that the client didn’t suffer a brain injury because he didn’t lose consciousness at the scene of the accident. Because of our client’s education and negotiating skills in his work, he assumed that he could successfully settle his claim by himself. He made reasonable demands to settle his claim for $50,000.00, but the insurance company refused to pay him more than $10,000.00. After repeated failed attempts to get his case settled on his own, he reluctantly hired a lawyer to represent him. We reviewed his medical records and evaluated his case and determined that his prior offers of $50,000 were too low for his injuries and damages. After we filed a lawsuit the trucking company paid our client $175,000.00.
Structured settlement of over $961,000.00 Workers’ Compensation recovery helps ease suffering for client
When our 29-year-old client was rendered a quadriplegic as the result of a work-related automobile accident, she sought workers’ compensation benefits for modifications to her home, including support bars for her bathroom, as well as attendant care services. When her requests were denied by her employer, she came to us for help. Her insurance company refused to provide the needed modifications, claiming they were “unnecessary.”
We strongly disagreed with this assessment, as did the medical professionals we called upon for expert advice. As the result of our efforts, the injured worker received all of the home modifications she requested, along with a monetary settlement that allowed us to structure on her behalf a guaranteed payout in excess of $961,000.00
By structuring the settlement in such a way that it met the approval of Medicare, our client retained the right to receive Medicare benefits in the future. The structured payout will allow our client to continue with her life, secure in the knowledge that financial worries will not add to an already tragic situation.