Settling Your Case -- Usually A Good Thing
Most cases settle without having to be tried. And that is a good thing. Litigation is expensive, it is time consuming and it is very stressful. If your case can be resolved without the stress of going to trial, then by all means consider settlement.
Cases like trucking accident cases, medical malpractice cases, insurance bad faith cases, can take two to three years to get to trial and can cost as much as $50,000 - $100,000 or more in litigation expenses. If the trucking company, doctor or insurance company believes your case is weak, they will not offer much to settle and can force you to trial. On the other hand, if you have a strong case, and a reputable attorney who is respected by the other side, the chances of your case settling are better.
I have tried cases against trucking companies, doctors, hospitals, insurance companies, automobile manufacturers and other similar defendants. As a result, these defendants know that I have the skill, the resources, the talent and the will to take them to trial if necessary. I have also settled cases against these very same type of defendants. Once the defendant knows your lawyer can or will take them to trial, they become more interested in settling the case.
Listed below are some examples of cases I have settled over the years. Just like with jury verdicts, each case is different. No two cases are exactly alike. Even if the cases sound the same, they are not. So the results listed below are not meant to imply that any other case would settle for some similar amount.
Drug and Pharmaceutical Settlements
In excess of $3.0 million from the manufacturers of the supplement L-Trytophan.
Trucking Accident Settlements
$3.5 million - in this case, a truck pulled onto a highway from a private drive and was struck by a car. The passenger in the car was paralyzed as a result.
$1.25 million - A truck driver had been delivering hogs all day and into the night. In the middle of the night, on a dark country road, he had made a delivery. He was trying to get out onto the two lane highway and got stuck. His truck blocked the whole road. It was so dark you couldn't see it. Our client slammed into the truck and had serious head, neck and back injuries.
$500,000.00 - A truck pulled out from a stop sign near the Big Cabin exit off I-44. Our clients had the right of way and could not see the truck in time to stop. The clients suffered head, neck and back injuries.
Automobile Accident Settlements
$800,000.00 - Domino's Pizza. Remember when Domino's had their "30 minutes or it's free" policy. This caused a lot of wrecks and a lot of problems for Domino's. They were sued all over the country over this policy. Their drivers were in such a hurry to get the pizza delivered that they drove recklessly and carelessly and caused a lot of accidents. In this case, the delivery driver was speeding at night in the rain, lost control of his vehicle and slammed into a young lady's car. She suffered head, neck and back injuries.
$650,000.00 - Domino's Pizza delivery driver is following too close and rear ends the client. He has multiple back surgeries and is disabled for life.
Medical Malpractice
$1,080,000.00 - Compartment syndrome - Compartment syndrome is a medical emergency. It happens most often when someone fractures one of their arms or legs. After the fracture, there can be swelling in the compartment of the arm or leg. The tissue swells up and chokes off the supply of blood and oxygen to the arm. If not treated quickly, part of the arm or leg can die and have to be amputated. In this case, the patient, a teenage girl, was injured in a go cart accident. The orthopedic surgeon and the nurses at the hospital did not monitor her closely. She developed compartment syndrome and had to have her leg amputated below the knee.
$910,000.00 - Compartment syndrome - another case involving a teenager who was injured in a motor vehicle accident. He broke his leg. The doctors and nurses did not monitor him closely and he developed compartment syndrome. His leg was amputated below the knee.
$500,000.00 - Failure to diagnose subarachnoid hemorrhage. In this case, the patient presented to the emergency room with complaints of sudden headache, nausea and vomiting. The doctor did an exam and sent the patient home. A short time later, he had a full blown bleed and was rushed to the hospital but it was too late. He died a few days later.
In excess of $2 million total settlements were reached with two doctors who performed plastic surgery on women. They did breast augmentations, face lifts, tummy tucks and other surgery. Each doctor had some very serious problems. One of the surgeons had substance abuse problems,and the other was not even a real plastic surgeon. I handled more than 20 cases against the one doctor and about six against the other. Their insurance companies settled because they could not defend these doctors in court. One doctor had his license revoked and the other gave up her license because we had filed complaints against her with the medical licensure board and she was under investigation at the time she surrendered her license.
