6/14/2006 - Posted by:
Ramsay, DeVore & Bennerotte, P.A.
Phone: 651-604-0000
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PERSONAL INJURY VERDICTS & SETTLEMENTS

PERSONAL INJURY VERDICTS & SETTLEMENTS

The Personal Injury Department continues its success in obtaining substantial verdicts & settlements for our clients. The following are examples of our successes.

  • A 38 year old man was injured when his vehicle was rear-ended while he was on the job. He suffered an aggravation of pre-existing degenerative disc disease, and a tear to a disc in his low back. He eventually underwent an IDET procedure (a less invasive surgical type procedure). Although he had a spotty work history, he had just begun work in a well-paid labor job which his injuries prevented him from continuing. His workers’ compensation insurer had paid over $200,000 in benefits, and there was a large setoff potential against any jury verdict. Denise Fullerton was able to obtain a mediated settlement of $170,000 from the at-fault driver’s insurance company. Because the settlement was achieved on a Naig basis, none of this settlement had to be repaid to the workers’ compensation carrier.

  • Denise S.S. Fullerton secured a verdict in excess of available insurance proceeds on March 17, 2006. The Plaintiff was a 42 year old woman who works at a retail store as a stocker.

    On her way to work one evening, she was driving in the left lane of Highway 94 when another vehicle came onto the road from the left, from Highway 280. The other vehicle raced up alongside of her, and cut in front of her. Plaintiff, in an effort to avoid a collision with this vehicle, braked and veered her vehicle. She lost control, and struck the cement median and a light pole. The other vehicle left the scene, and was never identified. Plaintiff brought her claim against her insurance company for Uninsured Motorist benefits.

    Plaintiff suffered a T12 compression fracture in her mid back, and damage to the disc above that fracture. Her doctor determined that the ongoing pain she continues to suffer on a daily basis is a result of the damaged disc, which will continue to degenerate as she ages. State Farm’s doctor even admitted that Plaintiff suffered a painful injury in this crash. Plaintiff switched to the day shift to have lighter duty work. As a result, she lost her overnight shift differential.

    Her insurance company, State Farm Insurance, denied her claim by blaming her for the collision. They also doubted the severity of her injuries. The case was tried in Hennepin County. The jury awarded her $113,460.64 for the damages she suffered in this crash, and found the other vehicle was 70% at fault for cutting her off and forcing her to take evasive maneuvers. The best offer before trial was $4,000. Plaintiff will collect the full $50,000 policy limits.

  • A 21 year old man was injured when a truck made a left turn in front of his motorcycle, causing him to strike the truck and be thrown into the air. He suffering neck and back soft-tissue injuries, and injuries to both knees. He underwent arthroscopic surgery to both knees. The defense disputed liability, blaming the plaintiff for traveling too fast, until Ms. Denise S.S. Fullerton obtained an accident reconstruction expert who determined that plaintiff was going well under the speed limit and had no fault in causing the collision. The defense then disputed the injuries, until even the defense doctor admitted that plaintiff was injured and needed knee surgery. The best offer before mediation was $45,000. At mediation, Ms. Fullerton was able to secure a $95,000 settlement for her client.

  • A 33 year old man was injured when he was struck by a truck while on his motorcycle. He suffered severe injuries to his leg, requiring multiple surgeries, including considerable reconstruction procedures to his bones, arteries, muscles and skin. The driver of the truck was intoxicated, and had been drinking at two bars which allegedly served him illegally, causing him to drive erratically and cause this collision. A second driver was also implicated. Ms. Fullerton was able to secure the full policy limits from both drivers, as well as additional funds from one of the drivers, and funds from both bars. The available proceeds were unfortunately limited by the current status of the Joint & Several laws in Minnesota. The total settlement was $238,500, none of which had to be repaid to the private health insurers who had covered most of his medical expenses. 
 
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