Over 100 Million Dollars Recovered. Samples Below.
Disclaimer: Prospective clients may not receive the same results. Individual confidentiality protected by use of pseudonyms.
Confidential Lifetime Care Providing Settlement
Mr. X went to Defendant Financial Institution to pay his cell phone bill. As Mr. X attempted to pay his bill at the cashier window, an assailant began loitering behind him. The assailant made multiple approaches to the teller window. The assailant then made one last approach, this time snatching Mr. X’s wallet from his back pocket. Mr. X turned around and the assailant punched him in the face, crushing Mr. X’s left eye socket.
The assailant then fled Defendant Financial Institution. Defendant Financial Institution had no security guard present. Mr. X and his wife sued the Defendant Financial Institution. Mr. X required surgery to repair the eye socket which did not take place for four months. Five days following the surgery, Mr. X suffered a stroke at home while still recovering from the operation which resulted in irreversible brain damage. Mr. X became incapable of independent living and would require nursing home care the remainder of his life. Mr. X Alleges that Defendant Financial Institution should have had a security guard to deter the assailant’s actions or to intervene. Defendant Financial Institution argued it was not legally required to have a guard. Both sides hired qualified security experts. Mr. X contends that the store is in a high crime area and that the nature of the business called for a security guard. Defendant Financial Institution’s position was that guards do not necessarily reduce or prevent crime and in fact can create a more dangerous situation. The other challenging issue was whether the stroke could be related back to the original blow. On the causation of injury, Mr. X retained experts in neurology and neuroradiology. Defendant Financial Institution, likewise, hired several qualified experts including a neurologist, a neuroradiologist and an ophthalmologist. Ultimately, prior to trial, Plaintiff successfully resolved the claim. This allowed Mr. X to have assurance that he would have the care he needed for the rest of his life and for his wife to be financially secure. Plaintiff, along with co-counsel spent almost $100,000.00 in costs to prosecute this case. At Spencer Morgan Law, we will do what it takes to attempt to achieve optimal results.
One Million Dollar Award for Client.
The Law Offices of Spencer G. Morgan, P.A. is pleased to announce a one million dollar award for its client Ms. G after being struck by another automobile from behind. Automobile accidents are the leading causes of injury and death in United States. However, to prove damages, you must be able to prove that the accident was caused by the negligence of the other driver and that you have suffered damages as a result of their negligence.
The Law Offices of Spencer G. Morgan, P.A. are experienced personal injury attorneys and have the resources and ability to combat insurance companies that can make it difficult to receive the monetary damages that should be paid to our injured clients.
Ms. G was driving her car at the proper speed limit when she was rear ended by another automobile without warning. At the time of the crash, she thought that she had some minor whiplash and was convinced how lucky she was not to have permanent injury. A year and a half after the accident her injuries were quite severe, and she chose to have neck surgery. THROUGH THE EXPERTISE OF The Law Offices of Spencer G. Morgan, P.A. the insurance company of the negligent driver paid Ms. G a $1,000,000.00 award. SPENCER G. MORGAN convinced the insurance company to make this settlement without a law suit being filed. This a concrete example of how important it is to have an experienced and competent personal injury lawyer representing your interests, The Law Offices of Spencer G. Morgan, P.A., through its resources, experience, and dedication to its clients, can assist its clients in obtaining the proper medical care when they do not have the proper medical insurance by getting them a Dr. who will wait for payment until the case has ended.
$530,000 Accident Settlement
A client of The Law Offices of Spencer G. Morgan, P. A. was crossing the street in the evening after leaving a grocery store to go to her home. While crossing the street , Ms. G., was struck by an automobile and suffered significant damages including multiple fractures.
The insurance company that represented the person whose car struck Ms. G. initially decided that our client was 100% responsible for the accident. They argued that she failed to use a crosswalk, the street was dimly lit and if she had used the cross-walk the accident would have never occurred. Through the successful efforts of The Law Offices of Spencer G. Morgan, P. A. the insurance company paid Ms. G. $300,000.00 which was the policy limit of the driver. In addition, The Law Offices of Spencer G. Morgan, P.A. collected an additional $230.000.00 from our client’s own underinsured motorist’s insurance company.
This is another example of The Law Offices of Spencer G. Morgan, P.A. are experienced personal injury attorneys and have the resources and ability to combat insurance companies that can make it difficult to receive the monetary damages that should be paid to our injured clients.
$400,000.00 Settlement on Challenging Slip and Fall Case.
In March, 2012, my client, Mr. B, a pool technician, was starting his residential pool cleaning route for the day. At approximately 9:00 – 9:30 a.m., he arrived at his first stop of the day at a home. He went to the same home first every week. He parked his truck and then he walked up some steps to the covered patio to place a slip of paper indicating that he had been present that day. As he was about to descend the same few steps that he had walked up a few moments before, he slipped and fell, landing on his back and elbow.
He blamed the “humid” floor. A worker who was employed by the house owners assisted him at the scene. There were no witnesses to the actual fall. Mr. B continued working but the pain would not allow him to continue.
Mr. B ultimately came under the treatment of medical providers and ended up having a cervical fusion at one level and an elbow ulnar transplant.
The Law Offices of Spencer G. Morgan theorized that the worker employed by the home owners must have hosed the patio down before Mr. B arrived and they should have known that he would be there at that time since he arrives there every Monday between 9:00 and 9:30 a.m., and they should have warned him of any wet or humid floor. We had no actual evidence at this point that the patio was hosed down or that the owners themselves knew when he arrived each week since it was not their primary home, and, they were not present at the time of the accident.
The Defendant’s position was that no one witnessed the fall, that if he fell the fall was his fault, as the soles of his tennis shoes appeared very worn, and that any wet or humid condition would be found to be open and obvious by a jury. In addition, the Defendant also asserted the need for both surgeries and most of the medical treatment was unrelated to any fall and, that due to his physical work history, any physical problems that he had were pre-existing. Both liability and damages were very challenging to say the least.
The Defendants denied the claim outright and The Law Offices of Spencer G. Morgan filed a lawsuit. We pursued the claim very aggressively, conducted discovery, and set the case for trial. Prior to trial, through intensive negotiations, we were able to obtain a settlement from the Defendant’s insurance company in the amount of $400,000.00. Mr. B was incredibly pleased with the result, as we were.
$325,000.00 Settlement for Young Man Struck by Flying Debris
On December 6, 2013 then 23 year old Mr. B was standing next to a bike rental stand, when he suddenly heard a loud screech and saw a car heading towards him at high speed. He attempted to run away, but unfortunately was struck in the knee by a large piece of the bike rack that flew off after the car impacted it. He ultimately underwent a knee surgery where he had an artificial ligament surgically implanted.
Our investigation revealed that employees of a valet company had decided to speed in a patron’s car and had bounced off the entrance to a parking garage, lost control, and as a result hurtled into the bike stand. Initially, the insurance company asserted that due to the noise the oncoming car had made Mr. B should have been able to avoid the accident. They also argued that the owner of the bike stand did not install the stand up to code and if the bike stand were up to code, it would have withstood the impact and Mr. B would not have been injured. Finally, the insurance company argued Mr. B had felonies, the surgery was not necessary, and he had made an excellent recovery.
As a result of diligent investigation regarding the sufficiency of the bike stand, our aggressive investigation revealing that at least one of the valets involved had a serious criminal history, and forcefully advocating the necessity of the surgery, the insurance company ultimately agreed to pay $325,000.00. This was accomplished without the need to file a law suit.
$250,000 Settlement Car Runs Over Woman’s Foot.
On August 19, 2013, at approximately 7:00 PM, Mrs. G, a visitor from Spain, was walking eastbound along the curb of a parking lot at the shopping plaza when without warning and without any opportunity to avoid impact, her left foot was run over by a negligent driver looking for a parking space. The driver’s front left tire ran over Mrs. G foot. In fact, grotesquely, her foot became stuck between the front tire of the pavement...
... consequently dragging Mrs. G several feet until the car finally came to a stop. Mrs. G was ultimately able to free her foot, and started dragging herself away from the car and sat down.
Mrs. G was diagnosed with fractures on several of her toes, contusions, abrasions, and friction burns on her left foot and toe. Mrs. G then went back to her native Spain where she was treated. Through our guidance, she was examined by doctors of many different specialties. These reports from multiple specialists, coupled with a comprehensive presentation of her claim and aggressive legal representation, resulted in a $250,000.00 settlement. The client and her husband were extremely satisfied with the result and not to have to litigate the matter in court.
There is no fee or cost to you to have your case evaluated by our qualified staff and attorney. In cases such as the one described, your personal injury attorney is very familiar with the disabling nature of many injuries. Your choice of legal representation can make a big difference in the outcome of an accident case. Each case is unique with particular circumstances and factors and you need a lawyer who will treat your case individually, with the expertise and years of experience to provide you with skilled representation and a successful conclusion. Call Attorney Spencer G. Morgan at 1-866-667-4265 to speak with him today.
$225,000 Settlement on Challenging Slip and Fall case
Mr. H walked into the kitchen of a restaurant where he was employed as a chef from a hall door and clocked in at a punch-clock that was next to the door in the kitchen interior. As he opened the same door to leave the kitchen to go put on his uniform, he took a step onto mats that were in the tiled hallway and slipped and fell severely injuring his left shoulder which ultimately resulted in his having shoulder surgery many months after the accident. The hallways were owned by a building owner apart from the restaurant. Through investigation, it became clear that water was present under the mats causing the mats to slip when Mr. Harris stepped onto them.
Mr. Harris had previously passed out and fallen the day before due to anxiety from personal issues he was having, and he has a prosthetic leg. Further as a chef, he had used the same shoulder he injured repeatedly in the past for work. It was also not clear who had left the water there as there were up to 3 cleaning companies that could have been involved. Mr. Morgan presented pre-suit demands to the building owner, a maintenance company, and then a second maintenance company after ruling out a third maintenance company. All denied the claim disputing they were responsible, arguing Mr. H didn’t slip as a result of the water, that he had just gone through the door where the mats were and stepped on them and didn’t fall, many others had walked on the mats and hadn’t fallen as seen in the video, that he did not need the surgery, if he did need the surgery it was due to his prior repeated use of his shoulder, and that he had pre-existing shoulder problems. Upon the denials, Mr. Morgan teamed up with another trial lawyer and filed suit. Working the case together, they investigated the scene twice and discovered that a particular cleaning company did overnight cleaning at the restaurant and water had seeped underneath the door into the hallway before. And all it would have taken to prevent the seepage would be to place commercial “socks” under the hallway door. In fact, it was learned that the same cleaning company had flooded the elevators located in the kitchen several months before which resulted in the elevators being shut down for several weeks. After much investigation and discovery, the taking of many depositions, attendance at multiple medical exams, the retention of medical experts, and preparing the case for trial, they attended mediation. While receiving a substantial offer at mediation, Mr, Morgan and co-counsel decided it was not good enough and kept preparing for trial. With trial fast approaching, the Defendants buckled and finally settled the claim for $225,000.00 The bulk of the settlement funds came from the cleaning company and the rest from the building owner. The cleaning company had also tried to argue they got off work at 2:00 a.m. and the accident was at 8:30 am and it couldn’t have been them. The client was thrilled with the result and our efforts. After negotiating his medical bills and liens substantially down, he was left with a significant portion of the recovery. Further, Mr. Morgan was able to get him an additional recovery by referring him to a workers compensation attorney since he was clocked in to work. At Spencer Morgan Law, we will do whatever we can to help our clients, including teaming up with other lawyers, and doing whatever it takes in terms of investigation and discovery to obtain the maximum recovery for our clients.
$225,000 Settlement Trip and Fall in Restaurant Parking Lot.
Mrs. Y was walking into a restaurant when she tripped on a small pothole in the parking lot. As she was trying to regain her balance, she flailed her left arm out behind her to try to support herself on a parked car and fractured her humerus, (the ball of her shoulder), into two parts. Mrs. Y needed surgery to repair the fractured shoulder.
The restaurant, the owner of the parking lot, and the property management company, all denied liability, stating that the pothole was an open and obvious condition that Mrs. Y should have seen. They claimed that Mrs. Y had been to the restaurant many times before and was familiar with the parking lot. In addition, it was learned that she had previously had a hairline fracture in the same shoulder and the restaurant and property management company argued that her condition was pre-existing.
As a result, a lawsuit was filed against four parties, including a valet company that did not have applicable insurance. Through aggressive and thorough discovery, The Law Offices of Spencer G. Morgan, P.A. were able to secure testimony from the property management company and property owner that the condition was, in fact, dangerous and with a trial date set, convinced the Defendants to decide between themselves their share of responsibility. In due course, they conferred and agreed to pay a total of $225,000.00. Ultimately, the Defendants admitted that they were 100 percent at fault and that our client did not share responsibility for the unfortunate accident.
Clients need to know that they have the ability to challenge the findings of insurance companies. Once challenged, claimants frequently receive coverage that was previously denied, as well as being found to have no liability in an accident. Anyone who has been involved in a slip and fall accident or any other type of personal injury matter should contact our experienced lawyers for a free consultation to determine if an insurance company is treating them fairly. Our experienced lawyers can negotiate, settle, or litigate with the powerful insurance companies on behalf of clients to ensure that they receive fair compensation for their injuries. If there is no recovery, The Law Offices of Spencer G. Morgan, P.A., charge no fees or costs to clients.
$175,000 Settlement against Rehabilitation Center for Negligent Patient Transfer
84 year old Ms. R had entered a rehabilitation center to monitor her breathing due to the recent raised breathing issues she was having. She had also been having trouble walking. Due to her size and more limited mobility, the rehabilitation center’s protocol was to use 2 nurses to move her or use a patient lift. In this accident, Ms. R was seated on a weight scale and needed to be transferred to her bed. Instead of waiting for a second assistant or using a lift, a nurse decided to try to transfer Ms. R herself. Unfortunately she twisted Ms. R’s body while attempting to move her and her leg became stuck in the bed causing her tibia and fibula to break. To compound matters, the rehabilitation center ignored Ms. R’s cries to go to the hospital because they x-rayed her foot and ankle and didn’t see any problems. However, they failed to x-ray further up her leg where they would have determined her tibia and fibula were broken. Finally, a Doctor recognized this and transferred her to a hospital but it took 3 weeks.
The rehabilitation center tried to claim she had a “drop foot” and could not walk anyway but this was not accurate. Ultimately, after vigorous investigation and taking the statement of the negligent nurse, they settled the matter without the need for a lawsuit for $175,000.00. This money will enable her to obtain better care and home-health care in the future. Mr. Morgan teamed up with another lawyer who routinely handles these types of claims to achieve these results and will regularly do so when it is in the best interest of the client.
$160,000 Auto Accident Recovery for Older Couple
On August 21, 2016, 77 year old Mrs. A was a passenger in a car being driven by her husband, 72 year old Mr. A. which was traveling Southbound when a vehicle traveling Eastbound failed to yield the right of way and crashed into the couple’s car. 7 months later Ms. A underwent a shoulder surgery. The at fault driver’s insurance company tried to claim the shoulder surgery was unnecessary as the shoulder was not initially treated, and if she did need shoulder surgery it was due to her advanced age, and past physical work history.
Notwithstanding these arguments, Mr. Morgan aggressively pushed the case and threatened a potential “bad-faith” claim against the insurance company if they did not tender the insurance policy limits. The insurance company elected to pay the $100,000 policy limits rather than face a lawsuit from Mr. Morgan. Mrs. A was very pleased with the result, and what she ended up with after Mr. Morgan negotiated the medical bills down. Further, Mr. Morgan was able to secure $60,000 for her husband, Mr. A, who sustained neck, back, and wrist injuries. The insurance company made the same arguments about his advanced age and physical work history. Fortunately he was feeling much better at the end of his treatment, he did not have surgery, and he was extremely pleased with the $60,000 settlement. Collectively, the settlement was $160,000 which will enable this older couple to enjoy their golden years.
$155,000 Recovery for Stairway Fall
21 year old Ms. B slipped and fell going down a dark stairwell she had just walked up in a residential building where her friend lived. She claimed the light over the stairwell was out causing the accident. She ended up with a tri-mal fracture with a permanent 10-hole plate and screws in her ankle from the fall.
Liability was very, very bad since she had walked up the stairs on the way up in the dark and was the first one to go down the stairs. The stairs had a railing and she didn’t use her cell-phone flashlight. She is also obese which could have contributed to the fall. She also was presumably rushing since she was turning 21 that night and was excited to go to the bars. We also had no evidence the landlord knew the light was out and her friend who was living there would not cooperate. Another tenant says it wasn’t even out. The Defendant was corporate owned and they testified they inspected weekly.
However, Mr. Morgan was not deterred. Due to Mr. Morgan’s aggressive investigation and zealous representation, Mr. Morgan was able to resolve the matter without the need for a lawsuit for $155,000. Young Ms. B was thrilled and the money allowed her to pay her medical bills and get a jump start on her adult life.
$125,000 Settlement on Minor Surgery case.
On May 26, 2016, 25-year-old Mr. M was sitting in the passenger seat of a stopped Town and Country mini-van when without warning, a truck plowed into the rear of the minivan Mr. M was in. As a result, Mr. M’s body jerked violently backwards and then forward. He was treated by Fire-Rescue and then at at local hospital and was discharged. His back was persistently hurting him and he complained of significant radiculopathy throughout subsequent treatment.
After conservative treatment, including pain management, failed, Mr. M ultimately elected to undergo a minimally invasive back surgery. The insurance company attempted to say the surgery was not necessary and the procedure itself did not even rise to the level of it being called a surgery. Ultimately, the insurance company elected to settle the case without a lawsuit having to be filed for $125,000 than go to Court. This settlement left Mr. M, who was uninsured, in a position to pay his medical bills off and to retain significant money for his pain and suffering. He was very pleased with the result.
$125,000 Settlement for Bicycle Accident Without Surgery.
Mr. X was riding his bicycle in a careful manner when he was struck and became the victim of a negligent driver. Fire rescue was called to the scene of the accident, and immediately took him to the emergency room at the hospital. The emergency room physician took a CT scan that showed a nondisplaced fracture of his cheek bone, neck and back irregularities, and some bruising. Due to his facial injury, Mr. X has scarring on his face around his right eye.
Even though the scarring is minimal he will live with it for the rest of his life.
Because of the physical injuries that occurred in the accident, he was compelled to see an Orthopedic physician who recommended an arthroscopic decompression of his left shoulder. The physician recommended a follow up with a neurologist, a plastic surgeon, and possibly a psychiatrist. Mr. X failed to follow up with any of the medical providers that were suggested to him.
The Law Offices of Spencer G. Morgan, P.A. through aggressive representation and the willingness to litigate and try the case, secured a settlement of $125,000.00. This was an outstanding result because the client refused to follow the doctor’s advice, visit the suggested physicians and have the recommended surgery. Fortunately, he is able to continue his job as a furniture upholsterer. He has no plans to see any more medical providers for his injuries related to the accident and was quite pleased with the settlement.
$120,000 Settlement in Slip and Fall Case.
Miss Y was then a 15 year old girls who slipped and fell at Walmart. Her parents are in the landscaping business and she was helping them collect cardboard boxes that Wal-Mart allows people to take without charge.
When MS. Y was a 15 year old girl, she was at WalMart with her parents shopping. Part of the reason they were in the store, was to collect cardboard boxes from Wal-Mart. The store has a policy of allowing people to rake rheir boxes without charge, and since her parents were in the landscaping business, they used the boxes to store their supplies. While collecting the boxes, MS Y slipped and fell in the employee section of store and injured herself 1-Marr had a video ofMS Y going back and forth with the boxes in a rapid manner and slipping and falling in that section of the store. One of the reasons that she fell, was that there was liquid on the floor. The store conceded that there was liquid on the floor, but argued that it was clear, clean and couldn’t have caused the fall.
Wal-Mart alleged that because she was rushing to collect the boxes, she wasn’t paying attention to the liquid, and shouldn’t have been in the employee section of the store. What made this case difficult and challenging, is there was no hard evidence to suggest that the store knew or should have known about the liquid. Fire-rescue was summoned to Wal-Mart and their report indicated no signs of visible trauma or any body parts that were injured. However, her primary care physician, shortly thereafter prescribed treatment for her left knee. Her: MRI, which was taken shortly thereafter, showed a dislocated kneecap with a small fracture fragment. This problem and the fact that she was found to have a high patella was questionable concerning the slip and fall, and the recent trauma. It may have been pre-existing, and she underwent a knee procedure 8 months after the accident. Wal-Mart had a strong argument because MS Y didn’t have health insurance, and used this incident to have surgery on her knee.
$110,000 Policy Limits Settlement on Hit and Run
Defendant driver ran a stop sign and struck the vehicle that 21 year old Ms. D was in. The Defendant driver then fled the scene but was ultimately caught. Ms. D had to be extracted and she was transported to a hospital’s trauma unit. She sustained very serious injuries including a concussion, a frontal scalp hematoma, and several fractures.
Due to the very serious nature of the injuries without any of the medical records, Mr. Morgan immediately demanded the two policy limits of $10,000 and $100,000 and advised the insurance companies if they didn’t pay promptly by a certain deadline, the limits would not be accepted again, and he would sue them for “bad-faith.” He advised them they could meet the client at the hospital and that he didn’t need to send them any proof of her injuries given the publicly known facts due to the accident’s coverage on tv and the news. The insurance companies both “caved” and paid their full policy limits by the deadline. Then Mr. Morgan and his team managed to negotiate down and resolve the high medical bills. After doing so, the client ended up with a substantial amount of the proceeds to attempt to re-start her life. Ms. D was as pleased as she could be with the results.
$105,000.00 Settlement for Woman Struck by Towel Cart
Our client, Ms. V, was walking on the sidewalk in front of a Miami Beach Hotel when a large gray container filled with towels that was being rolled by the driver of a commercial cleaning company pushed the container into Ms. V.
The impact caused Ms. V to land hard on her knees and the container ended up basically on top of her. We argued the employee failed to make sure the path was clear, and, he also likely lost control of the container on a sloped garage entrance area leading to the hotel. She was injured due to the trauma.
Due to our relationships with an outstanding and credible surgeon, she ultimately underwent a needed arthroscopic knee surgery with the chief orthopedic surgeon of a prestigious and highly rated hospital. The surgeon agreed to perform the surgery on a letter of protection basis wherein he would agree to wait to get compensated after the claim was resolved due to his trust in our abilities. As she did not have health insurance, this was critical.
The commercial cleaning company initially denied the claim and argued they had cordoned off the area. They argued Ms. V actually walked into their designated work area and Ms. V caused the accident. They also contested the need for the knee surgery. We aggressively investigated the claim by interviewing witnesses, obtained the helpful 911 audio, and scene pictures. Due to our diligence and aggressiveness in proving liability, combined with the credibility of the treating surgeon, they agreed to resolve the claim for $105,000.
The client was thrilled and this provided significant needed funds for Ms. V after to paying her accident related medical bills.
$102,000.00 Recovery for Fall at Friend’s House
Ms. C was visiting her friend at her home. They enjoyed a couple of cocktails and a meal discussing real estate opportunities. Ms. C went upstairs to use a bathroom, and as she was getting ready to walk down the stairs, she fell down them, and fractured part of her shoulder (her proximal humerus).
She was transported to a local hospital where she had surgery consisting of an open reduction where hardware was implanted. Given the severity of her injury, she decided to pursue a claim against the homeowner’s insurance of her friend. She then retained our firm.
We immediately secured the right to have our investigator go to the scene. He investigated the landing above the stairs where she fell with a leveler and his senses. What we learned is that the edge of the landing where it meets the top step is not seamless and it depresses, causing it be unlevel, and a trip hazard. When we learned of this, the homeowner advised the friend. The friend told Ms. C, she had some work done there recently and she herself had tripped there before.
We argued the homeowner knew of the dangerous condition and failed to advise Ms. C. causing the accident. The homeowner’s insurance was skeptical of the claim in part because Ms. C’s hospital lab tests showed xanax in her system, as well as medication for a bipolar disorder, and alcohol. The labs also showed trace amounts of cocaine. Our client had last done cocaine several days before the fall. We argued that it was not in her system at the time of the fall and not relevant. She also has a long history of mental disorder and recreational drug use.
We permitted the homeowner’s insurance to take our client’s unrecorded statement and let them explore her drug use and medical history. Afterwards, we gave them a time limit demand to pay the insurance policy limits as well as the sometimes overlooked $2,000 in medical payments coverage.
Due to our diligent investigation, aggressiveness, transparency, and willingness to take the case to court, the insurance company agree to pay their full $100,000 insurance policy limits and the medpay coverage. This was done without a lawsuit and within 5 months of the accident. Ms. C who has had a very tough life was thrilled and this money can help her with future medical care and living expenses.
Challenging Trip and Fall Case Brings $100,000 Resolution.
Mrs. Y was at a Chinese restaurant, at the buffet line, when she tripped on a broken tile near the buffet. She ended up having arthroscopic knee surgery and complained about chronic pain in her back.
There were a number of major challenges in proving the case, as follows:
The paramedics only noted that she tripped and splashed some soup onto her hand and there was only a sore spot noted on her forearm. The paramedics also said that there was no deformity on her left knee and she had good range of motion.
At the hospital the next day, Mrs. Y only complained about abdominal pain and nothing in the notes related it to the fall at all. The chiropractor who treated her noted that she is only 5’1” and 150 pounds and that she had slipped, not tripped. He noted that she only missed two days of work and that she had some very minor bruising. When he finalized his treatment, he did not even mention her knees and noted no nerve involvement in her back. Without nerve involvement there is little evidence that she should be experiencing any back pain at all. He gave her minimal impairment rating. Her knee MRI did not show a tear. As a result, there was no clear evidence that she medically needed a knee surgery or that her knee or back issues were related to the case.
Mrs. Y had spent many, many years cleaning houses, commercially cleaning hotels, and several years picking tomatoes in the fields. These repetitive motions performing hard physical labor would certainly cause significant wear and tear on her joints. There was a large concern that the defense would relate all of her medical issues to her work history and age at trial. Her back MRI showed an undated small tear and small herniation without nerve involvement. In addition, the way she fell would not necessarily have caused whatever was going on in her back.
The medical records were clear that she had full range of motion in her knee and could extend fully prior to the knee arthroscopy and the orthopedic surgeon only agreed to her knee surgery due to her subjective complaints. The surgeon never related any of her knee issues to the accident.
The bottom line is that due to her very physical work history, her physique, the mechanics of her fall, the minimally helpful diagnostic and inconclusive tests, and the medical records, the case would be challenging. The evidence was not in her favor to obtain a significant verdict in her favor, if she won at all.
Notwithstanding the challenges, Attorney Spencer G. Morgan pressed the case forward aggressively. Experience, unique litigation skills, knowledge, and trial work enabled a $100,000.00 settlement with the defendant’s insurance company.
$100,000 Recovery for Bowling Alley Slip
Another respected personal injury attorney referred us this case as they thought the case was extremely challenging. The claim involved a professional pianist who slipped and fell at an entertainment center that included a bowling alley. Ms. T who had little bowling experience was bowling with her family and on the ninth frame.
As Ms. T began her approach and arm swing, and while finishing her delivery, her momentum carried her left foot over the foul line. After she released the ball, she slipped and landed on her left elbow. She sustained a hairline fracture of tip of her elbow. The fracture healed up on its own after a few months without surgery. A manager arrived to the scene and advised Ms. T that they had recently oiled the lanes. Earlier, the family had seen an employee tip-toe down an adjacent lane to retrieve a ball. We argued the entertainment center knew they had created a dangerous condition and was negligent in failing to warn of the known danger and that Ms. T would not have reasonably known the operations of how a bowling alley works and that the lanes were even oiled at all. We suspected as the entertainment center had not been open long, and was not primarily a bowling alley, that the bowling operations side likely had insufficient experience. And that they had likely made the mistake of over-oiling the lanes. We also argued the shoes she rented also did not have sufficient anti-slip traction. The entertainment center argued they post large signage stating not to go over the foul line, that Ms. T was negligent in falling, and that her injury was not permanent. We continued to argue the points above as well as the possible arthritis and complications that could arise from her injury given her profession. Ultimately, the entertainment center resolved the claim without need for a lawsuit for $100,000.00. The client was extremely satisfied and felt made whole. At Spencer Morgan Law, we do not shy away from challenging cases and are creative and tenacious on behalf of our clients.
$100,000 Automobile Settlement For Cited Client.
Mr. R was involved in an intersection automobile accident where he was cited for failure to use due care and for causing the accident. He had previously hired an attorney and the case had stalled. That lawyer did not want to file a lawsuit. Mr. R contacted us and we decided to take over the case and represent him.
He had surgery on his back which he believed was related to the accident. We then filed suit. Through investigation, we believed that Defendant driver had hastily merged into Mr. R’s lane and struck his vehicle and that they shared or were responsible for the accident. We then compiled a thorough demand packet and demanded the policy limits of $100,000.00. Rather than go to trial against us, the insurance company agreed to pay the $100,000.00 policy limits. Mr. R was absolutely thrilled with the result.
$100,000.00 Settlement for Wrist Surgery Following Car Accident
Our client, Ms. B was rear-ended by a car and sustained some left front wheel-well damage. The damage didn’t look like much. However, Ms. B advised us her left wrist got trapped in the steering wheel since immediately after impact she instinctively looked back at her child in the infant seat to make sure she was ok and she had turned her head back at the same time.
Usually when auto insurance companies see minimal car damage they are very suspicious of major injury claims.
Due to our relationships, she ultimately underwent a needed hand surgery with a very credible surgeon of a prestigious and highly rated hospital. The surgeon agreed to perform the surgery on a letter of protection basis wherein he would agree to wait to get compensated after the claim was resolved due to his trust in our abilities. As she did not have health insurance, this was critical.
While the insurance company initially made a low-ball offer, we persuaded them that she needs a follow up procedure to remove a surgical screw which she does and then the claim value may exceed the policy limits. We also reminded them legally of their obligations under insurance law to try to resolve claims within the policy limits, protect their insured, or risk a later bad-faith case. Ultimately, they agreed to pay the full insurance policy limits of $100,000.
$95,000.00 Settlement Against a Major Mall on Eve of Trial.
Ms. T was walking on a walkway while holding her grand-daughter’s hand getting ready to step onto a street that was perpendicular to the sidewalk that was adjacent to a very large, well known, shopping mall’s entrance...
As her attention was focused ahead of her on possible two way car traffic on the street, she tripped on an unleveled surface which was caused by the street and the sidewalk being at slightly different heights. She landed hard on her knee.
Due to our relationships, she ultimately underwent a needed knee surgery with the chief surgeon of a prestigious and highly rated hospital. The surgeon agreed to perform the surgery on a letter of protection basis wherein he would agree to wait to get compensated after the claim was resolved due to his trust in our abilities. As she did not have health insurance, this was critical.
The Mall denied responsibility arguing the condition was not dangerous since thousands of people had walked through there without falling. They also argued if there was dangerous condition, it was open and obvious and she should have seen it. As such, I involved trusted co-counsel and we sued the mall and worked the case together. We investigated the liability portion of the claim thoroughly involving an engineer, and took many photographs of other parts of the mall where the walkways and streets met seamlessly. We also deposed the general manager of the mall which went exceedingly well. We even attended the medical examination of the client performed by a Doctor hired by the insurance company.
The Mall, after initially offering nothing, agreed after litigation and the noticing of the case for trial to resolve the claim for $95,000.00. This was a very challenging case and the client was very pleased by the result.
$72,500.00 Settlement for Woman Traumatized by Large Falling Metal Object
Ms. C had just emerged from a parking lot in her convertible and had made a right turn when she suddenly heard a very loud noise and a powerful impact. Ms. C instinctively braked hard and whipped her head around. To her shock, she saw a large metal object dangling next to the side of her face in webbing that was once part of her convertible top cloth.
It was held in place by the frame and cloth and our investigation revealed the large metal object had fallen from approximately 31 or 32 floors up from a construction site; and the construction company was negligent in not extending safety nets sufficiently or closing the street during construction.
Ms. C did not initially think she had been injured but later that evening she began experiencing discomfort to her neck, back, arm and shoulder. When the pain did not resolve, she visited a clinic and was diagnosed with a sprained neck, back pain and elbow pain.
She then began a conservative course of physical therapy. A neck MRI demonstrated a disk herniation. At the conclusion of her care she was diagnosed with a permanent injury. Due to emotional functioning issues she was having due to nearly being struck in the accident, she sought an evaluation with a psychologist. He found she had adjustment disorder with anxious mood and nightmares, anxiety, driving, depression, restlessness, fatigue and pain.
The insurance company believed since she was never actually struck by the object and it was a near miss, she could not have been hurt in the accident. Further, they argued her psychological issues were mostly due to a marital separation she was undergoing. Nevertheless, due to our making sure she received proper medical attention and aggressive advocacy, the insurance company resolved the claim for $72,500 without a lawsuit.
$50,000 Settlement – Child Falls Through Faulty Railing.
A client of The Law Offices of Spencer G. Morgan, P.A., rented a second floor apartment. She is a single mother of a seven year old boy. One of the rails outside of her apartment had been missing for some time and our client had complained about the dangerous condition to the landlord. The landlord failed to repair it. Ultimately, the little boy slipped out through the front door, without his mother’s knowledge, and accidentally fell through the rail, landing on the dirt surface a floor below.
After the incident, the little boy complained of headaches and was having problems at school. However, a brain MRI came back normal. Another attorney originally brought the claim, which was denied by the apartment owner’s insurance policy. The Law Offices of Spencer G. Morgan, P.A. had a consultation with the mother and after evaluating the facts we decided to try to help the family.
The Landlord had blamed the mother for allowing her child to go outside unsupervised and claimed that the boy was not injured. Attorney Spencer G. Morgan, a strong advocate for thorough medical care, made sure that the boy saw another specialist to help him. After receiving additional medical care, the little boy ultimately recovered from his injuries caused by the fall.
After extensive negotiations and presentation of the new medical evidence, a settlement of $50,000.00 was reached on behalf of the boy. When you are a client at THE LAWOFFICES OF SPENCER G. MORGAN, P.A., there is no reason to feel as if you are alone, or that you have to accept an insurance company doctor’s evaluation that finds that you do not need any care. The firm takes on many challenging cases that other attorneys do not want and is happy to do so.
For more information on our services and successes, to refer a case, or arrange a complimentary legal consultation, please contact The Law Offices of Spencer G. Morgan, P.A. at (866) 667-4265. We are always available, with a free consultation, to advise you on your specific rights as a tenant and your expectation that the property you are in will be in a safe condition at all times.