Results

Legal Case Results

Summaries of Results Obtained:

Below are summaries of a select few cases Clare & Berry has handled over the years. This list reflects the high-end results.

$1,030,900 - Pain & Suffering, Expenses Due to a Chiropractic Stroke

By a 9-3 vote, a jury awarded our client $1,030,900, including $380,000 in medical expenses and $750,000 for pain and suffering caused by what was deemed to be excessive force be their chiropractor. Our client experienced immediate, classic stroke symptoms following an adjustment where the neck was turned beyond therapeutic limits. The client lost consciousness and had to be rushed to the hospital to undergo a life-saving surgery. Though our client was fortunate to recover physically from the event, they still suffer psychologically to this day. We were able to secure some justice for our client. Read more on yahoo.com.

$2,900,000 - Wrongful Death

Facts of the Case: A Kentucky resident, on business in Florida, was killed in a motor vehicle accident. The client was both a husband and father of two children, 11 and 14. He had recently retired from the U.S. Air Force and had begun a private career. His death left the family devastated and financially vulnerable. The client's wife hired me to pursue the claim. Her wishes were twofold: first, secure for her a fair award. Secondly, spare her children and her from having to endure the trauma of reliving the hurt on the record and in front of strangers. After a failed mediation in Miami, the case ultimately settled after suit was filed.

$2,875,000.00 - Medical Malpractice

Facts of the case: A young man of 25, whose family lived in Louisville, died of complications from diabetes the day after seeking treatment at an immediate care center in Atlanta, Georgia. The treating doctor essentially assumed that the young man had the flu. He never evaluated his health from the standpoint of his type 1 diabetes. In fact, flu like symptoms of nausea and vomiting are extremely dangerous for a person with type 1 diabetes. Suit was filed and local counsel was engaged. Poor management by the doctor was always a focus of the case, but, the business model in which the doctor worked as an employee was not conducive to treating a complex set of signs and symptoms like those presented by this case.

Disposition of the case: After two mediations and more than a year of litigation the case settled for $2,875,000.00.

$2,300,000 - Personal Injury

Facts of the case: The client, a 35-year-old mother of four, was injured in a car repair shop. She sustained a crush injury to her foot, but there were no broken bones. She developed reflex sympathetic dystrophy. For a time her doctors thought that she had been very fortunate in that no bones were broken, only tissue damaged by the crush. Unfortunately, not long after the injury, she began feeling incredible burning and hyper-sensitivity to touch. As the case neared trial her doctors had surgically implanted a morphine pump in the small of her back to deal with the devastating pain.

The Defendant had a $2.5 million dollar policy. One month before trial, a mediation was held. We demanded the policy and the defense told us that they would not pay anything over $600,000. The mediation broke down. In an attempt to resolve it, we offered to settle the case for $2.2 million, but we put a deadline in place of seven days. If the date came and went, our number would raise to $2.3 million. In response, the defense jumped all the way from $600,000 to $2 million. We held firm. The deadline came and went and our number went to $2.3 million. Another deadline was set. At 4:30 on the final day of the deadline, the defense met our demand at $2.3 million.

$2,300,000 - Personal Injury/Federal Employer's Liability Act

Facts of the Case: A Kentucky-born son of a former client was injured at a railroad switchyard in northern California. The railroad yard was owned by Southern Pacific and leased to Chevron. The area where the accident took place was within a huge Chevron refinery operation. The client, while attempting to manually assist in the coupling of cars was struck by a moving rail car and sustained a very serious, in fact, catastrophic injuries. He lost one leg above the knee, sustained partial paralysis involving his face and affecting his speech and significant other trauma to his body. He had originally hired a lawyer in northern California and that lawyer told him that he had nothing more than a Workers' Compensation case. I was contacted by the father to see if there was something more that could be done. The facts were very complicated but, in essence, we were able to establish that the Federal Employer’s Liability Act (FELA) should apply. That would give the client the opportunity to receive pain and suffering and full value for his economic loss. Worker’s Compensation would not allow any pain and suffering and would limit his economic loss.

Suit was filed and there was a strategy developed to try and defeat the motions of the Defendant to dismiss the case. Preliminary rulings were in favor of the client and the case settled before trial for $2,300,000. This settlement amount reflected the severity of the injury and the possibility of a zero result.

$1,700,000 – Wrongful Death and Spousal Consortium Claims

My client was the surviving spouse of a man killed by another when that driver was test-driving an automobile. The test-driver was traveling at speeds greater than 100 MPH on a major artery in the city on a Sunday afternoon.

The decedent was 63 years old and retired at the time of his death. We were successful in making the dealership’s insurance applicable to the actions of the test-driver. Additionally, the policy did not have a specific exclusion for punitive damages. The overall result reflected a large punitive award.

$1,160,000 - Personal Injury-Brain Injury-Liquor Liability

Facts of the Case: This case represented every parent's worst nightmare. A 15 year-old boy snuck out of his house to go joy-riding with an 18 year-old boy. The 18 year-old had obtained beer from one of his friends at a local convenience store. The 18 year-old, while under the influence of alcohol, lost control of the vehicle and had a single car accident and our client sustained a very serious brain injury. We were able to convince the self-insured convenience store of their obligations under the Kentucky DRAM Shop statute. We were also able to make a recovery against the insurance company for the driver, as well as the client's own underinsured coverage.

$1,000,000 - Wrongful Death - Liquor Liability

Facts of the Case: An 18 year-old boy was the unrestrained, rear seat passenger in a vehicle driven by one of his friends. The accident took place in an adjoining county. The driver had earlier in the night purchased alcohol from a local liquor store without being carded while he was under age. Originally, the liquor store Defendant denied having sold the alcohol, but through persistent discovery efforts, we were able to turn up a video confirming the purchase.

$1,000,000 - Personal Injury - Underinsured Motorist Claim

Facts of the Case: Our client was a middle-aged man in his work vehicle when he was struck by an out-of-control driver heading in the opposite direction. Our client sustained multiple, serious orthopaedic injuries but, from which, he made a very good recovery. The at-fault driver had limits of $50,000, but we were able to convince the underinsured carrier to pay $950,000 in addition on the case.

$950,000 - Wrongful Death

Facts of the Case: A 16-year-old high school student left school on the Friday before spring break with her boyfriend. He lost control of his vehicle on the Watterson Expressway causing it to roll over and ultimately collide with an embankment. The 16-year-old girl did not survive the crash.

The parents of this young girl hired me to pursue the wrongful death claim. The driver, who was not seriously hurt, had limited insurance on the vehicle he was driving. That insurance was tendered very early by the insurance company. We then turned to the insurance that the parents had, specifically, to the underinsured coverage available to them under their policies. There were three policies of $300,000 which we were successful in stacking so that all three policies would apply to this loss. The valuation of this claim involved predicting the economic loss of the Estate of the young girl and also the parents= consortium claims for the loss of their daughter. Settlement was obtained at $950,000 without having to file a lawsuit.

$850,000 - Personal Injury - Motorcycle Accident

Facts of the Case: My client was a truck driver in his mid-20's. At the time of the accident, he was on his motorcycle when a tractor-trailer failed to yield the right-of-way and pulled out in his path. He sustained serious orthopaedic injuries from which he has made a decent recovery. While the case was pending, the Defendant filed bankruptcy. We had to hire counsel in south Florida to allow the claim to continue against the insurance company for the bankrupt Defendant. Ultimately, on the eve of trial, we were able to obtain the settlement.

$850,000 - Medical Malpractice - Shoulder Dystocia

Facts of the Case: An 18-year-old girl came to see me about a minor automobile accident. I inquired about the obvious injury to her left arm. She told me that she had sustained a birth injury. Additionally, she told me that her family, shortly after her birth, had another lawyer evaluate the potential case and no action was taken. Suit was filed against the delivering OB/GYN. The above settlement was ultimately negotiated a month before trial.

$810,000 - Wrongful Death

Facts of the Case: Our client was a 37 year-old part-time employed male. He was attempting to put gas in a friend's vehicle as it was stranded adjacent to the interstate. The police officer, in an aggressive driving maneuver, cut through the solid, white line median without seeing the stranded vehicle or our client. He was struck and killed instantly. The City defended the case by arguing that the police officer was not on duty and also on liability. The above settlement was negotiated after multiple mediations and just before trial.

$689,000 - Personal Injury

Facts of the Case: The client was involved in an automobile accident with a truck belonging to a commercial contractor. She sustained multiple fractures to her ankle which required surgery. The orthopaedic injuries alone had a significant claim but, unfortunately for her, she developed major infection complications after the surgery. She ended up having multiple skin grafts, had extended hospital stay and was left with an ankle that had little function and which was physically deformed because of the skin grafts. Her ability to work was significantly affected and she sustained medical bills in excess of $200,000.

Disposition of the Case: The Complaint was filed and the case was moving towards trial when we were successful in getting the defense to agree to a mediation. Leading up to the mediation, we were told that the insurance company, which had been in business for 175 years, was going under. We did an independent investigation to ascertain the seriousness of the financial situation for the insurance company. The defense in the case was trying to protect their client and tried to get the case settled before the insurance company folded. But, at the same time, trying to use the financial condition of the insurance company as leverage to settle the case for less than full value. It was a very difficult situation in which to be because of the lack of information on the financial capabilities of the insurance company. We were able to settle the case for $689,000 which was a very fair result for the case. Defense counsel represented at a later date that this was the last check issued before the insurance company went into dissolution.

$675,000 - Wrongful death

Facts of the Case: The client in this case was a 50-year-old man with a complicated history. At the time of his death, he was drawing a veterans disability pension, as well as SSI. He had a history of emotional conditions, suicide attempts, and a significant drinking problem. The night he died, he was a patron of an adult entertainment night club. He spent $1,000 over the course of roughly eight hours. It appeared from the evidence that he left the bar at 4:00 a.m. with a blood alcohol of .304 and died when his vehicle slammed into a bridge embankment on the Watterson Expressway. A lawsuit was filed against the adult entertainment establishment for over-serving him and thereby substantially causing his death.

Disposition of the case: The case was tried to a verdict in Jefferson Circuit Court. At pretrial, the defense had offered $35,000 to settle the case. The jury awarded $675,000 in damages and apportioned 2/3 of the fault to the client for his voluntary action of drinking.

$500,000 - Personal Injury

Facts of the case: The client in this case was a mid-30s mother and wife. She was involved in a motor vehicle accident on the interstate as her family was returning from vacation. In the early stages after the accident, it did not appear that she had sustained a significant injury. However, she soon developed what was diagnosed as reflex sympathetic dystrophy. Reflex sympathetic dystrophy is a serious injury to the autonomic nervous system. Her life was dominated by this injury and the medication she had to take to try and cope with same. Her ability to work was significantly affected and her future was very bleak because of this injury.

Disposition of the case: The defense in the case first attempted to deny liability with respect to the facts of the underlying accident. Then, when that theory was neutralized, the defense attempted to discount the injury by focusing on the lack of agreement within the medical community as to the effects of reflex sympathetic dystrophy as a real injury. The case was successfully mediated and settled for $500,000.

$450,000 - Medical Malpractice/Wrongful death

Facts of the case: The case involved the death of a newborn child. A mother who was at full term in her pregnancy woke up one morning believing that she was in labor. This was her second child and so she recognized the symptoms as labor pains. Upon arrival at the hospital she waited 20 to 30 minutes. After arriving on the labor and delivery floor, her child was delivered by c-section within 18 minutes. The child was born alive, but was severely brain injured and ultimately died five days later.

Disposition of the case: The case was tried to a verdict which came back in favor of the hospital. Because of certain issues during the jury selection process, we appealed the case to the Kentucky Court of Appeals and a new trial was ordered. The case was ultimately settled for $450,000 after a new trial was assigned.

$250,000 - Chiropractic Malpractice:

The client was a lady in her late 30's. She went to see a chiropractor for a cervical manipulation. In performing the manipulation the chiropractor used excessive force and caused a bilateral vertebral artery dissection (a tear of the interior lining of the artery). An ischemic stroke followed. Her husband, an endodontist, pushed the medical personnel at the hospital to isolate the cause of the symptoms. His diligence certainly contributed to her very favorable outcome. She made a near full recovery.

Disposition of the case: Suit was filed and discovery was completed. After the defense experts were deposed the case settled. 

Free Case Evaluation

As injury lawyers with over 30 years of legal experience, we understand the nuances of these cases and will fight for justice for you and your family. Schedule a free initial consultation by calling our Louisville office at 502-589-6190 or 502-736-4754. You can also reach us online.