Sample Personal Injury Recoveries 2017-03-14T06:53:28+00:00

Sample Personal Injury Recoveries

Rhodes v. Arundel

Case Conclusion Date: February 2017

Practice Area: Personal Injury

Outcome: $50,000

Description: My client sustained a compression fracture of his spine when another driver lost control on Swan Mountain Road and collided with his vehicle. We negotiated a settlement with the other driver’s insurance company for their maximum policy limits, and also brought an underinsurance claim against his own auto insurance company and negotiated another settlement with them for their maximum policy limits.

Fox v Hague

Case Conclusion Date: January 2017

Practice Area: Personal Injury

Outcome: $100,000.00

Description: My client was a pedestrian who was hit by a car when crossing the street. He sustained a fractured leg that required surgery, but my client did not have insurance and was unable to have the recommended treatment. Prior to the date of trial the insurance company for the driver increased their offer sufficiently enough to warrant a settlement of this claim.

Bazar v. Dean

Case Conclusion Date: November 2016

Practice Area: Personal Injury

Outcome: $16,500

Description: This was a small case, but certainly a Bazar case worth explaining. Initially, My client did not have an attorney, and the insurance company for the party who injured her in a car accident took advantage of her and convinced her to settle her claim for $1,500, plus a promise to make payment of her chiropractor’s bills in full. The only reason why she accepted the terribly small offer was that she felt it would get her chiropractor paid. Then, the insurance company did something improper. Without advising her, they told her chiropractor that his bills were unreasonable, that she had settled, and that he had to take a small percentage of his bills for providing the treatment that the injured party truly needed. The chiropractor would not agree to accept their offer, and the insurance company threatened to file a complaint against him to the State of Colorado. This was highly improper for a 3rd party insurance company to interfere with and jeopardize an injured party’s relationship with their medical provider. The injured party was still treating with the chiropractor, and he was ready to stop treating her due to non-payment of his bills by the insurance company. This is called “tortious interference” and it is highly improper in my opinion. The client came to me and not only did we get the chiropractor paid quickly, but we negated the previous settlement and obtained a new settlement of $16,500.

JVW v. Morrison

Case Conclusion Date: November 2016

Practice Area: Personal Injury

Outcome: $95,000

Description: My client was injured when another motorist pulled out in front of her car in icy conditions. Her airbag went off and she sustained a concussion, knee sprain and a sprained neck. Her concussion was treated with hyperbaric chamber treatments, her knee injury was treated with therapy and her neck with chiropractic treatment.

Dwyer v. Anderson

Case Conclusion Date: November 2016

Practice Area: Personal Injury

Outcome: $50,000

Description: This case was unusual as my client was an extreme athlete and sustained a previous neck fracture from a sports related accident that left him paralyzed. Remarkably, he regained function through much determination and hard work. He then decided to move to the mountains to try to learn to snowboard. He was then involved in a head-on collision in snowy conditions and was re-injured. He was not paralyzed, but did temporarily lose some function in his arms, and had to undergo lengthy conservative medical treatment. We forced a settlement from the other driver for their maximum policy limits.

Anthony v. McCarthur

Case Conclusion Date: November 2016

Practice Area: Personal Injury

Outcome: $25,000

Description: My client was a passenger who was injured when the DUI driver of the vehicle he was in lost control and went off the road causing him to be ejected from the vehicle and injured. We obtained a settlement from the driver’s insurance company for their maximum policy limits.

Klaassens v. Dia and Amica

Case Conclusion Date: September 2016

Practice Area: Personal Injury

Outcome: $275,000

Description: My client was hit by a car while riding her bike on the Dam Road and sustained a head injury, a fractured clavicle and a hip injury. The driver was proven to be distracted, and his insurance company settled for their insurance policy limits. We also pursued an underinsurance claim against my client’s own auto insurance company and obtained a tremendous global settlement for Ms. Klaassens.

Honer v. County of Monroe

Case Conclusion Date: June 2015

Practice Area: Personal Injury

Outcome: $6,525,000.00

Description: My client was a pedestrian on a sidewalk and was rendered a quadriplegic. A car driven by an under age driver went off the road in an urban area and struck a no parking sign which then broke free and flew in the air striking her in the back of the head. This case was very technical, but we were able to prove that the County improperly installed the sign resulting in it becoming a dangerous projectile. There were countless legal and factual issues and the case took years of litigation and appeals, but it was finally resolved in my clients favor. This result is my proudest accomplishment, and I consider it to be the culmination of my hard work and experience over the course of my career. Very few attorneys have a case like this on their resume.

Cherry v. Howell, Mayberry and JAO Properties

Case Conclusion Date: October 15, 2014

Practice Area: Personal Injury

Outcome: $200,000

Description: Plaintiff’s shoulder was dislocated in an auto accident when the other driver went through a red light in snowy conditions. The Plaintiff had a delay in his treatment, as he did not have health insurance, and thought his shoulder would get better. He also had a subsequent accident that complicated matters. Plaintiff eventually needed shoulder surgery. He returned to work, but has some continued problems.

Schlunsen v. Milton

Case Conclusion Date: October 1, 2014

Practice Area: Personal Injury

Outcome: $160,000*

Description: The Plaintiff was injured in an Auto Accident that was the other driver’s fault. He sustained a badly fractured wrist that had to be treated with internal fixation surgery. The Plaintiff had a good recovery and returned to work without restriction. (* The recovery included the other driver’s bodily injury policy limits, and underinsurance benefits that were offset for medical payments that were also made by Plaintiff’s UM carrier.)

Brownson v. McFarren

Case Conclusion Date: June 1, 2014

Practice Area: Personal Injury

Outcome: $220,000

Description: Brownson was injured in a skier/skier collision and sustained a tibial plateau fracture that required surgery. The other skier’s homeowner’s insurance company denied liability for the claim. My office commenced a lawsuit in Summit County Colorado to force a large settlement of this personal injury claim.

Stolz v. Tiger Run Resort

Case Conclusion Date: March 26, 2014

Practice Area: Slip and Fall Accident

Outcome: $175,000

Description: My client injured her lower back while stepping into a raised hot tub at Tiger Run Resort in Breckenridge, CO. We obtained surveillance video of her fall. After having an expert review the scene, we claimed that the regulations governing hot tubs required a handrail going into the hot tub, and that the handrail would have prevented or reduced the victim’s injury. Despite my client’s good recovery following back surgery, we claimed lost wages, past and future, as she was unable to return to her strenuous job at US Airways. These damages were evaluated by an economist. The case settled at mediation.

Doe v. Schaefer

Case Conclusion Date: September 3, 2012

Practice Area: Personal Injury

Outcome: $63,000

Description: Doe was injured when Schaefer’s unleashed dog bit her hand while she was jogging on a mountain trail. Doe also had her dog with her, but hers was on a leash. The dogs proceeded to fight each other after the bite. Schaefer initially denied responsibility. He claimed Doe’s dog must have bit her when Doe tried to separate the dogs. We demonstrated that Schaeffer’s version was not true. He did not see the incident as he had let his dog roam far away from him. We also demonstrated that Schaefer’s dog was the aggressor based upon statements Schaefer made to the police. This forced a settlement with Schaefer’s homeowner’s insurance company before the filing of a lawsuit.

Goodwin v. Bush

Case Conclusion Date: July 26, 2007

Practice Area: Personal Injury

Outcome: $90,000 arbitration award

Description: Plaintiff sustained a herniated disc injury, that did not necessitate surgery, after being rear ended at a traffic light. Defendant disputed causation claiming the accident was low impact. Following a full hearing before a three-member arbitration panel, Plaintiff was awarded $90,000 for her damages.

Edin v. Goodyear Tire & Rubber Company, Akrochem Corporation, Welco Equipment, LLC, Nissan Motor Company LTD

Case Conclusion Date: September 8, 2005

Practice Area: Personal Injury

Outcome: Very Large Settlement with Maintenance Co, et al.

Description: Plaintiff sustained an amputation and crush injury to his hand while operating a forklift. The forklift slid on a wet floor while the Plaintiff was turning and he was sliding off the seat, about to hit his head on the butt end of a large door, when he reached his hand out to the door to push himself back into the seat. The forklift then slid around into his arm and hand and crushed it against the door, virtually ripping it off. In discovery, it was learned that the equipment maintenance company has recently replaced the manufacturer’s seat with a seat that did not have “hip restraints” that would have kept Plaintiff from sliding out of the seat. The Plaintiff’s employer was third-partied into the case on the basis of Plaintiff’s grave injury and their failure to train Plaintiff and provide him with a safe workplace. Nissan manufactured the forklift, and did not contribute to the settlement, but did provide an affidavit from their engineer relative to the seat design and the impropriety of the replacement seat. The employer and forklift maintenance company negotiated the large settlement on their behalf at a Federal Court mediation. Goodyear and Achrochem were customers of Plaintiff’s employer who were believed to have some responsibility for the water on the floor, and contributed only minimally to the settlement.

Bradbury

Case Conclusion Date: April 3, 2001

Practice Area: Personal Injury

Outcome: Significant Confidential Settlement

Description: Plaintiff was using a sledge hammer marketed as a striking tool to dislodge a jack hammer bit that was lodged in concrete. A piece of steel from the face of the hammer broke off and flew into Plaintiff’s eye. Plaintiff lost all vision in the eye and, after infections and complications, had to have an evisceration and coral implant inset into his eye ball. A significant confidential settlement was reached with the manufacturer, due to the alleged failure to properly temper or market the hammer.

Johnson

Practice Area: Personal Injury

Outcome: $150,000 arbitration award

Description: Plaintiff sustained a back injury, which later necessitated surgery, when she fell on a step while exiting a burning building. The building owner was alleged to have been involved in the setting of the fire, which he adamantly denied. In fact, he was successful in obtaining insurance coverage for his fire damage claim at a prior trial against his insurer. It was also alleged that the step the Plaintiff fell on was defective and did not meet building code requirements. Following an arbitration heard by a three-member panel, Plaintiff was awarded $150,000 for her damages.

Camacho

Practice Area: Personal Injury

Outcome: $100,000

Description: Plaintiff sustained a fractured femur in an auto accident involving a drunk driver. The case was settled when Defendant agreed to pay his full $100,000 policy limits.

Schultz

Practice Area: Personal Injury

Outcome: $165,000

Description: Plaintiff was injured in an auto accident. She eventually underwent reconstructive surgery to her rotator cuff. A settlement was reached with the Defendant’s carrier for $165,000.

Raheemuddin

Practice Area: Personal Injury

Outcome: $250,000

Description: Plaintiff sustained a fractured wrist, jaw, and nose from an auto accident. The Defendant driver was convicted of DWI and a settlement was reached for his full policy limits.

Carmona

Practice Area: Personal Injury

Outcome: $250,000 Settlement

Description: Plaintiff sustained a partial loss of hearing in an automobile accident.

Baker v. Hess, and Twin Village Veterans’ Association

Practice Area: Personal Injury

Outcome: Large settlement

Description: Plaintiff sustained multiple trauma when Hess went through a stop sign and struck Plaintiff who was riding his motorcycle. Plaintiff died of a pulmonary embolism 1 month after the accident, leaving a wife and children as surviving dependents. Defendant Hess had been drinking at the nearby Veteran’s Association’s VFW Post. The accident was witnessed by a police officer who immediately saw that Hess was intoxicated. He was charged and pled guilty to DWI. The successful settlement of this case hinged largely upon an insurance issue as to the VFW which had an exclusion in their liability policy for dram shop claims. I put the VFW on notice of our dram shop claim and the VFW forwarded the letter to their carrier, who failed to disclaim in a timely manner. Upon the making of a declaratory judgment action the insurer tried to disclaim. However, at the urging of private counsel for the VFW, and counsel assigned to represent the VFW, the carrier conceded that they had to provide coverage for the dram shop claim despite the policy exclusion. Shortly thereafter, the case was settled for the driver’s $100,000 policy limits and for the majority of the $500,000 CGL policy limits of the VFW.