Automobile/Truck Accidents

Television Actor Rear Ended by a Commercial Van Resulting in Aggravation of Pre-Existing Cervical Injury – $872,249 Verdict ($75,000 pre-trial offer)

 

The defense argued that Plaintiff’s long-standing pre-existing cervical condition was the reason for his treatment and eventual surgery and that he earned more money in the years following this collision. At trial attorney Howard Butler used a multi-media presentation to diffuse the defense’s arguments and demonstrate the aggravation and significant loss of earning capacity resulting from this collision.

 

Howard G. Butler Obtains 14 Times Carriers Policy Limit in Auto Collision Case Involving Back Surgery – $350,000 Settlement ($25,000 policy limit)

Allstate Insurance insured an adverse driver whose negligence injured a female client such that her physicians recommended surgery. A pre-suit demand was made for policy limits of $25,000 to which the carrier responded with an offer of $12,500. Howard G. Butler Esquire filed suit alleging bad faith handling of the claim for failure to timely pay its’ policy limits when it could have and should have under the circumstances. Following mediation, the case settled for 14 times the policy limits.

Motorist Forced Off of Road by Tractor-Trailer Changing Lanes Causing Multiple Fatalities – $600,000 Pre-trial Settlement

Because no impact occurred between the tractor-trailer and the Plaintiff’s vehicle, the driver of the tractor-trailer did not stop and continued driving some 40 miles away from the accident scene. The defendant driver claimed he was unaware of the accident. Only upon having to stop in traffic was an eyewitness to the collision able to obtain identification information which allowed the Plaintiff’s counsel to determine the ownership and identity of the at-fault truck. During litigation, it was determined that the driver was in violation of numerous state and Federal regulations. Further, investigation and reconstruction of the collision revealed that the Plaintiff’s vehicle was apparently in the “blind spot” of the tractor-trailer when the truck cut over into the motorists’ lane. The case involved two adult children who brought a claim as a result of the death of their 83-year old mother.

Rear End Accident Resulting in Ankle Injury – Settled during trial $275,000 ($75,000 initial offer)

Plaintiff, a 51-year-old male had worked in management at UPS for 26 years. While traveling to work one morning he was rear-ended and knocked into the vehicle in front of him. He injured his neck, low back, left knee, and ankle. Although his neck and back improved, the knee and ankle conditions progressively worsened over time eventually leading to ankle surgery and early retirement. The defense contended that the Plaintiff voluntarily retired four years after the accident and that his excessive weight (300+ pounds) was the cause of his problems. After 3 mediations the maximum offer was $75,000. The case went to trial and Howard Butler, Esquire, of Ossi, Butler, Najem & Rosario settled the case for $275,000 on the third day.

Non-Surgical Pelvic Fracture and Emotional Trauma – $500,000 Settlement

43-year-old Plaintiff was traveling northbound on I-95 heading to Orange Park to go Christmas shopping and purchase some antiques for his newly acquired business. At that time a tractor-trailer struck a car crossed over a grass median and mowed down multiple cars before striking the Plaintiff’s van. The Plaintiff’s physical injuries were modest as compared to many others so a great deal of attention went into establishing the enormous emotional trauma he experienced. A comprehensive investigation and intense litigation established egregious conduct on the part of the driver and trucking company such that the court determined that a basis for both compensatory and punitive damages had been demonstrated. Howard Butler, Esquire resolved the case prior to trial.

Client Initially Determined to be at Fault in Tractor-Trailer Collision Resulting in Wrongful Death – $800,000 Settlement

A 28-year-old married father of two was killed when his car was struck on the driver’s side by a tractor-trailer. Authorities initially determined that Plaintiff was at fault for the collision and the claim was denied. Discovery revealed that the tractor-trailer driver received no defensive driving training, was taking 8 kinds of medication and improperly braked using a hand control valve which substantially contributed to the collision. Computer animation prepared by Howard Butler, Esquire and accident reconstruction experts demonstrated that the collision should not have occurred.

16-Year-Old Female in Motor Vehicle Collision Sustained a Non-Surgical Compression Fracture and Post Traumatic Stress Disorder (PTSD) – $150,000 Uninsured Motorist Settlement with Allstate ($15,000 initial offer)

A young female driver was forced off the roadway and into a retention pond by an unknown vehicle. A claim was made against her uninsured motorist coverage. Allstate took the position that the accident was solely caused by the inexperienced plaintiff, questioned whether there really was another vehicle and took the position that their insured’s injuries were minor. After a year and a half of unsuccessful dealings with the UM Carrier her Orlando attorney associated Howard Butler of the Butler Law Group and litigation ensued. Shortly after mediation, the case settled for 10 times Allstate’s previous best offer.

Case Summaries

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