Notable Verdicts
The year 2009 proved to be a good year in Court for Fox Wackeen Dungey trial lawyers. Board Certified Civil Trial Lawyer, Jack Sobel, and partner, Shelly Stirrat, obtained plaintiffs' verdicts, (meaning they won the case for their client), in two separate jury trials.
In one case, Mr. and Mrs. B. sought compensation for bodily injury and related damages arising out of a motor vehicle crash which occurred in Vero Beach in 2004. Mrs. B. was stopped at a stop sign waiting for traffic to clear when Driver A went off the intersecting highway and crashed into the driver’s side of her car. Mr. A claimed that he was forced off the road by Mr. S, who changed into his lane of travel. The impact was severe, as could be seen in photos of Mrs. B’s car, which was declared a total loss.
Both Mr. S. and Mr. A. denied that the accident was their fault and both disputed the damages being claimed by Mr. and Mrs. B.
Before the accident, Mrs. B. suffered from hypertension and anemia. She had been diagnosed as obese and suffered with low back and knee pain, but was able to walk, bend, stoop, lift everyday household items, run errands, shop, maintain her home and attend to her medical regimen. However, following the accident, she experienced neck, shoulder, arm and increased low back pain. She underwent stomach surgery and had lost a considerable amount of weight, but continued to be plagued by persistent pain and muscle spasms which limited her mobility.
The medical expenses attributable to the accident amounted to $28,000, including bills for physical therapy and massage therapy which helped reduce her pain and increase function. While her own insurance paid much of the cost, more than $6,000 remained unpaid by the time trial commenced.
She and her husband offered to settle all of their claims for $50,000 but the insurance companies for Mr. A and Mr. S. refused to offer more than $27,500 prior to trial.
In February, 2009, an Indian River jury heard the evidence and arguments presented by Mr. Sobel and Ms. Stirrat and returned a verdict for more than $260,000. As a result, Mr. and Mrs. B were also entitled to recover attorneys’ fees and costs from the defendants.
In another case, Ms. D. sued her own automobile insurance company for benefits she claimed were payable after an automobile accident that occurred in 2007 in Lakeland, Polk County, Florida. The evidence showed that the crash was caused entirely by the negligence of an underinsured driver. As Mr. Sobel is quick to remind us, the key to good financial recovery in auto cases is often the existence of uninsured motorist coverage. He always counsels his clients to add such coverage to their auto policies before an accident happens.
Ms. D. and her friend, who was driving, were headed to Tampa for freshman orientation at the University of South Florida. Her friend fell asleep at the wheel. She collided into the guardrail, then traveled across the westbound lanes and smashed into a concrete barrier wall on the shoulder of the roadway. Ms. D. was seated in the front passenger seat, gratefully with her seat belt on, when the air bag deployed. Afterwards, she was pulled from the vehicle through the passenger side window. She immediately had back pain and was unable to stand so she laid on her side until the paramedics arrived. She was transported from the scene of the accident to Lakeland Regional Medical Center where studies showed a severe fractured L1 vertebra.
A neurosurgeon was consulted. He decided against any kind of surgery. Instead, Ms. D was fitted for a back brace. For several months she wore it whenever she was out of bed, only being able to remove it when laying flat. Other than that, the only treatment she received was physical therapy and pain management. Eventually, the fracture stabilized and Ms. D was able to attend college and take a part-time job. Still, the bony alignment of her spine had been permanently altered, and the physicians agreed that her prognosis likely included intermittent bouts of spasm and pain and might eventually deteriorate to the point where surgery would be needed.
The insurance company acknowledged that Ms. D had suffered a significant injury, but defended her claim by arguing that she had recovered fully, had returned to full activity, and would not need much in the way of future care or treatment. In fact, they pointed out, since removing the brace she had rarely reported any significant pain, and had required little medication or medical attention.
In August, a Martin County jury returned a verdict for Ms. D in the amount of $558,000, compensating her for her injury and making sure that she would have the funds necessary for access to good medical care, should it be needed in the future.
In these days of lawyer advertising barrages on billboards and television, accident victims should be careful not to choose a lawyer based solely on advertisements. Many lawyers lack the experience and the resources to turn down an inadequate insurance company settlement offer and take the case to a jury. People needing representation in such matters should carefully consider a lawyer's credentials and experience before deciding which one to retain. The firm is proud to remind its clients, and potential new ones, that all of its senior partners are Board Certified by The Florida Bar in their areas of expertise. Jack Sobel has been Board Certified in Civil Trial Law for more than fifteen years. He enjoys the highest rating from the Martindale-Hubbell organization and gladly provides free consultations to accident victims. Like most personal injury attorneys, he accepts worthy cases on a contingency or conditional fee basis, meaning no fee is charged whatsoever unless the case results in a financial recovery.