62-year-old Retired Male Involved in Rear End Collision with Moderate TBI – $958,000 Jury Verdict ($75,000 pre-trial offer)
A 62-year-old grandfather, previously disabled due to a 1988 hip injury, was rear-ended in 2005 by an uninsured drunk driver causing head, neck/shoulder injuries and aggravation of pre-existing depression and anxiety. It is important to note the victim, in this case, was retired therefore the verdict did not include a wage loss claim.
A demand was made against the uninsured motorist carrier State Farm but they chose to offer only $75,000 of their $100,000 policy limits. Howard Butler, Esquire of the Butler Law Group filed suit and took the case to trial. State Farm was successful in keeping out all evidence of alcohol and intoxication as to the adverse driver. SF argued that the plaintiff had only a 6th-grade education, suffered a concussion with little or no sequelae and a myriad of pre-existing health and mental problems. They argued that his life was essentially unchanged.
After a week and a half of evidence including testimony by experts in bioengineering, human tolerance, neuroradiology, neuropsychology, etc a jury rendered a verdict roughly 12.5 times SF’s pre-suit offer.
Elderly Retired NJ Woman Involved in Tractor Trailer Collision Resulting in Multiple Injuries – $362,500 Settlement (less than $35,000 initial offer)
A 74-year-old female passenger from New Jersey was injured while traveling to Florida on vacation when her vehicle was struck by a tractor-trailer near Jacksonville Florida. She sustained multiple orthopedic injuries including a mild traumatic brain injury. After unsuccessful attempts to resolve the case pre-suit, a New Jersey firm referred the case to Howard Butler, Esquire of the Butler Law Group. The suit was filed and the Defense contended that her injuries were relatively minor and pre-existed the collision. Shortly before trial, a settlement was reached that was ten times the pre-suit offer and exceeded the amount of the initial demand made by the referring attorney.
Mild but Significant Traumatic Brain Injury from Automobile Accident – $260,000 Verdict ($10,000 pre-trial offer)
A Minnesota family was on vacation in Orlando, FL when their rental vehicle was broad-sided causing the female front passenger to strike her head on the A-pillar. A CT scan was recommended but not obtained in the emergency room. The plaintiff continued to have headaches and memory issues but an MRI of the brain was normal. The liability and uninsured-motorist carrier denied liability and took the position that there were no significant injuries. Howard Butler Esquire and Raymond Bodiford Esquire presented evidence from nationally renowned experts in neurology, bioengineering, radiology, and neuro-psychology as well as testimony from plaintiffs’ co-workers regarding the effect of this mild but significant brain injury. At mediation, the liability carrier tendered its’ policy limits of $100,000 but the UM carrier chose to make a nominal offer and proceed to trial on liability and damages. A jury found them 100% liable and assessed the loss at $260,000. A bad faith claim is currently pending.
Optic (Eye) Nerve Injury from Automobile Accident Resulting in Partial Visual Disturbance – $325,000 Settlement
A Cape Canaveral employee was involved in a frontal impact auto collision caused by an adverse driver. As a result, he experienced headaches and double vision in one eye. According to his physician, he sustained an injury to the optic nerve. The adverse carrier claimed that there was no optic nerve injury and made a minimal settlement offer. The suit was filed and Howard G. Butler and Raymond Bodiford eventually settled this claim following mediation.
