A woman who was seriously injured when her vehicle was struck by a drunken driver has won a settlement of $2.5 million. The victim, a middle aged woman, was driving home from work at night when the vehicle operated by an underage intoxicated driver swerved into her path. The woman was life-flighted to a hospital where she was treated for multiple serious injuries, and subsequently required several surgeries, including a joint replacement. She was represented by the Berks County, PA law firm of Liever, Hyman & Potter, who brought suit against the underage drunk driver and the restaurant that was responsible for serving her. Including future payments, the settlement is expected to total more than $2,575,000. contact us | back to top
A settlement of $1,450,000 has been recovered for a single mother whose car was struck by a bus. The young woman was waiting for traffic to clear in order to turn left into a parking lot. A large commercial bus traveling behind her failed to stop and swerved into the oncoming lane as the woman began her turn. The collision resulted in a serious head injury and multiple fractures. The victim was life-flighted by rescue helicopter to the nearest trauma hospital. After an extensive hospitalization, she was transferred home where she was immobilized in a hospital bed and required in-home health care, physical and occupational therapy. contact us | back to top
The insurer for the driver of a truck that swerved to avoid rear-ending a school bus and collided with another vehicle has paid 1.2 million for the serious injuries suffered by the other driver. An investigation by the victim’s attorneys at Liever, Hyman & Potter determined that the truck driver was following the bus too closely. A trucking expert who was retained by the law firm was prepared to testify that if the driver had kept a proper distance between his truck and the bus, he could have brought his truck to a stop without hitting the bus and without crossing the centerline. contact us | back to top
A man was riding his motorcycle to a local bank on a Saturday morning, when he was struck by an auto that pulled out from a stop sign at a dangerous intersection. Our client, who was a factory worker, suffered brain injury. The $1,040,000 settlement we won for him included the maximum that could be collected from the state, as well as from the municipality, as a result of improper highway design. We also obtained the policy limit for vehicle driver’s negligent operation. contact us | back to top
The family of a passenger killed in a one-vehicle accident has received a settlement totaling $1,400,000 from the Pennsylvania Highway Department, the driver’s insurance and the family’s own underinsured motorist coverage. According to attorneys at Liever, Hyman & Potter, “the car was driving down a steep hill on a state roadway when the driver allowed her vehicle to edge off the road surface to the right. There was a drop off and no berm. When she tried to correct her steering she lost control, went across the roadway and crashed in a ditch.”
Reading, PA — A $1,280,000 settlement has been reached in favor of a retired man seriously injured in an auto accident at a city intersection. The victim, who was represented by the law firm of Liever, Hyman & Potter, sustained injuries to his spleen, liver, ribs and left occipital bone when another vehicle ran a red light during a rain storm. He required tracheostomy and ventilation during recovery, which delayed speech therapy. He also suffered constant pain and sleep disruption as a result of fragments from the fracture of eleven ribs.
On the way to work, a client was waiting for traffic to clear in order to turn left into a parking lot. A large commercial vehicle traveling behind the our client’s car failed to stop and swerved into the oncoming lane as our client attempted her turn. The terrible crash resulted in massive injuries including multiple fractures and a head injury. Settlement exceeded $1,200,000. contact us | back to top
Attorneys Counter Defense Argument of Illegal Passing, Obtain $560,000+ Settlement for Injured Motorcyclist
A pickup truck and motorcycle collision has resulted in a total liability and underinsured recovery of $562,600.
The pickup truck was stopped at the intersection and signaling a left turn when the driver of the truck observed an acquaintance in a parking lot to his right and began to turn right towards the lot, instead of left. In doing so, the pickup struck the cyclist who was passing on the paved shoulder on that side of the vehicle. The motorcyclist suffered a head injury.
According to the motorcyclist’s attorneys at Liever, Hyman & Potter, “the defense argued that our client illegally passed on the right and was responsible for the accident. We were able to show that the applicable statute permits passing a turning vehicle on the right so long as you remain on the paved road surface or shoulder. Our client at all times was on the paved shoulder and was therefore not himself negligent.” contact us | back to top
A 49-year-old unemployed laborer suffered multiple injuries when a beer truck crossed the center line and struck his vehicle. The insurer for the beer distributor paid $900,000 to compensate our client for his injuries. contact us | back to top
A $1,100,000 settlement was obtained on behalf of a severely injured 73 year old retired home economics teacher. Our client suffered severe injury on Route 73 between Blandon and Oley, Pennsylvania when a dump truck coming in the opposite direction swerved into the oncoming lane of traffic and overturned and crushed our clientâ€™s car. Although the truck driver claimed that his actions were necessitated by the sudden unexpected stopping of a car in front of him, we were able to conduct an extensive investigation which completely undermined his defense. Our client suffered massive injuries including numerous fractures and underwent surgeries. She required both inpatient and rehabilitation care as well as home care. There were extensive medical bills paid by her health insurance which demanded that the payments be repaid out of the settlement. That demand was successfully contested and a lien by Medicare was dramatically reduced. contact us | back to top
A settlement of $500,000 has been announced on behalf of a motorcyclist who suffered neck, shoulder, arm and hand injuries in a collision with an automobile. The motorcyclist, who was in his late 50s at the time of the accident, was traveling straight when a motor vehicle attempted to turn left directly in front of him.
A steelworker who sustained a herniated cervical disc in his neck as a result of his strenuous work has won a workers’ compensation settlement of $250,000. The injury required two cervical spine fusion surgeries, and left the man unable to return to his job as a steelworker. His attorneys at the law firm of Liever, Hyman & Potter also attained for their client a settlement of $24,000 for the two small scars that were the result of the surgeries. contact us | back to top
As a result of a work injury, our client suffered a low back injury in the nature of a an annular tear of a lumbar disc; however, he did not require surgery. The Defendant workers’ compensation insurance carrier commenced litigation against our client and hired a vocational expert in an attempt to reduce his disability benefits by proving that work was generally available to him within his restrictions. We hired our own vocational expert in opposition to the modification petition as a result of which we obtained a settlement for our client in the amount of $118,000. contact us | back to top
Our client, a tractor-trailer driver, had been working for his company for 20 years when he sustained a torn rotator cuff as a result of a fall he took while unloading a truck. Because our client was unable to return to his job as a truck driver, the workers’ compensation insurance carrier filed a petition against our client seeking to suspend his benefits alleging that he had retired from the work force and also sought to modify his benefits alleging that work was generally available to him within his restrictions. In opposition to the vocational and medical experts hired by the work comp carrier we presented the testimony of Claimant’s treating doctor as a result of which we obtained a settlement for our client in the amount of $170,000. contact us | back to top
A worker at a feed mill injured his lower back while lifting an 80-pound bag of salt. Bulging discs prevented him from returning to heavy labor. We won a workers’ compensation settlement of $165,000. contact us | back to top
Our client was legally blind almost from birth. His employer was able to accommodate his blindness and have him work until he suffered a neck injury that required surgery. In an effort to modify or suspend the workers’ compensation benefits being paid to him, a labor market survey was performed in which the defendant-insurance company alleged that the client was able to work various positions, such as security guard watching TV monitors or as a hotel clerk. We defended the petition on the basis that his legal blindness had to be taken into consideration to determine what his “residual earning capacity” was at the time. Although the workers’ compensation Judge found against the client, we appealed the matter and, because of the strength of our case, the claim settled for $120,000. The settlement was fashioned in such a way that it maximized social security disability benefits. contact us | back to top
Volunteer firemen are considered employees of the municipality they serve. Following the placement of snow chains on the fire trucks of the borough’s fire company, the volunteer fireman suffered a fatal heart attack. Through our retention of a medical expert and the providing of his testimony, the workers’ compensation Judge awarded death benefits to the surviving widow. She continues to receive those benefits to this day. contact us | back to top
A nurse at a local hospital developed breathing problems as a result of being exposed to latex. Her claim was initially denied, but through medical testimony we were able to establish that she was suffering from a latex allergy as a result of her employment. She returned to work with subsequent employers but would suffer reoccurrences with each exposure. Claims were pursued until, through litigation, a lump sum payment of $100,000 was made to her. contact us | back to top
A day care center accident that blinded one eye of a 22-month old child and that “could have and should been prevented,” has been settled with guaranteed payouts over the boy’s lifetime in the amount of $1.2 million, and an expected life payout of $3.1 million.
Expert witnesses enlisted by the law firm of Liever, Hyman & Potter countered the assertion of staff members that the child injured himself playing with a harmless toy train.
“Two of the three staff members had no formal training in child care, and each of them provided a different account as to what exactly the child was doing at the time of his injury,” explained attorneys from the law firm, which conducted an extensive investigation. “The child’s treating physician, a renowned pediatric ophthalmologist, has clearly stated that it is not plausible that the toy train could have caused the injury suffered by the child.”
The law firm also consulted with and hired a Rehabilitation Counselor and life care planner, an economist, and a child safety expert, to review the facts and circumstances surrounding the tragedy and provide expert testimony on the child’s behalf. contact us | back to top
A 37 year old construction worker was descending a temporary staircase on a building site when the staircase suddenly collapsed, causing him to fall and shatter his ankle. We were able to prove that a support for the staircase had been removed, with the result that it was only a matter of time before the staircase collapsed. We obtained a settlement of 1.1 million dollars. contact us | back to top
Attorneys at Liever, Hyman & Potter successfully challenged the “trivial defect” doctrine, which holds that small pavement inconsistencies of less that 1-1/4″ cannot be the basis for recovery in a trip and fall lawsuit. Representing a woman who had broken her nose and arm after stumbling on a 3/4″ rise at the top of a set of concrete steps, the attorneys argued that the location of the problem did not afford the victim an adequate chance to recover and avoid her fall, which is a key rationale of the trivial defect defense. contact us | back to top
Our client went to his parents’ house to help them nail roofing shingles on a new porch his parents had designed and built themselves. Unfortunately, the porch roof was not adequately attached to the existing house and pulled away,causing our client to fall and injure his knee. The parents’ insurance company refused to offer anything because they didn’t believe a jury would ever find in favor of a child in a lawsuit against his parents. The jury did find in favor of our client and against both his mom and dad, and awarded him $75,000. contact us | back to top
Our client slipped on ice at a service station when he got out of his car to pump gas, injuring his shoulder. The station had recently installed a canopy over the pumps which leaked, resulting in a small, clear patch of ice forming next to the pumps. The attendant, who described has job as “sitting in a booth” admitted that he knew of the ice. The jury awarded our client $75,000.contact us | back to top
On her way to work one morning, a young woman was robbed in a parking lot. As she tried to fight off her assailant, she suffered a leg injury. Our investigation found that the parking lot gate was inoperative, so it was left open. The robber was never apprehended, but we obtained a settlement of $100,000 from the owner of the parking lot. contact us | back to top
A man and woman passenger were riding on a motorcycle at night. As they rode down a country road, the passenger was struck in the face by an overhanging branch, causing massive facial injuries. From the owner of the property on which the tree was located, we recovered a $500,000 policy limit. We also won $450,000 from the township responsible for maintaining the road and trimming overhanging trees. contact us | back to top
Our litigation team obtained a settlement with a lifetime payout of over $12,750,000 for a middle aged woman who was diagnosed with a brain arteriovenous malformation – AVM – which is a tangle of abnormal and poorly formed blood vessels in the brain that increase the risk of bleeding. The woman’s primary physician referred her to a neurosurgeon, who failed to properly identify the AVM and timely order a crucial study. It was argued that the delay in diagnosis resulted in the rupture of her AVM. She suffered permanent catastrophic injuries including locked-in syndrome, a condition in which she is awake and alert, but completely paralyzed. Fortunately, this brave woman eventually regained limited muscle function that allows her to communicate with her family. She requires constant care from her husband, her sons and hired caregivers. The settlement will allow her to safely remain in her home and obtain lifelong medical care. contact us | back to top
Following neck surgery, our client, who was a plumber, developed an infection that was not detected. Because of the delay in diagnosis, the infection was able to attack his spinal cord, which resulted in paralysis. Working with our litigation partners, a $2,000,000 settlement was obtained just before the trial was scheduled to begin. contact us | back to top
A lifelong smoker was sent to the hospital for a chest x-ray. The x-ray showed a suspicious gray area, but the client was not told and no additional testing was done at that time. When she was x-rayed two years later, she found that she had incurable lung cancer. She died a year after that. Liever, Hyman & Potter and our litigation partners were retained. A highly qualified expert physician reviewed the two x-rays and was prepared to testify as to the increased risk of harm caused by the delay in diagnosis of lung cancer. A settlement was obtained in the amount of $450,000. contact us | back to top
When she was an infant, her doctor failed to diagnose congenital dislocated hips. As a teenager, she suffered harm when a nerve was injured during surgery. At the age of 20, as the client of Liever, Hyman & Potter and our litigation partners, she won a $1,000,000 verdict plus delay damages. contact us | back to top
A young man in his 20’s underwent lower back surgery. During the procedure, a metal screw perforated a blood vessel. The problem was not promptly diagnosed. Additional surgeries to correct the injuries to his blood vessel caused serious swelling of his leg and severe pain. Our firm and litigation partners obtained a $1,000,000 verdict and judgment for our client. contact us | back to top
Two prematurely born infants in a hospital were given the wrong medication. One died, and the other suffered severe trauma. The total settlement we and our litigation partners obtained from the hospital was $3,000,000. contact us | back to top
A $1,000,000 settlement was found to appropriate by the Court for a widow and two surviving children of a 56 year old delivery truck driver who died following successful hip replacement surgery. The case was hotly contested. The gentleman died after he was misdiagnosed as having heart symptoms when he was really suffering from pulmonary emboli. A fatal emboli caused his untimely death. Our trial team retained highly qualified medical specialists that offered that he received negligent care and that his death could and should have been avoided. contact us | back to top
The Court approved a lifetime care plan of more than $5,000,000 for a wonderful young boy who loves baseball but will never be able to play because he was diagnosed with cerebral palsy following his pre-mature birth. Our litigation team with the backing of nationally renowned medical specialists contended that the pregnant mother and her infant were not properly monitored during pre-term labor, that a timely C-section was wrongfully delayed and following birth the infant was not properly ventilated with critical oxygen supplementation. contact us | back to top
A Court approved settlement of $2,350,000 was obtained for a child who suffered dramatic birth trauma. Our medical malpractice litigation team successfully demonstrated that the doctors in training improperly allowed the motherâ€™s labor to proceed while the fetus was being deprived of needed oxygen. An earlier emergency C-section was mandated in order to avoid the brain injury which occurred. The hard fought settlement which was achieved allowed for the establishment of a specials needs trust, and the family was able to purchase a handicapped accessible home for the child and to make sure that all necessary care be provided for the child as he develops and grows. The substantial trust funds will ensure continuing income and the best treatment and therapies throughout the child’s lifetime. contact us | back to top
A nursing home employee attempted to move a 98 year-old nursing home resident without assistance using a mechanical lift. The resident was supposed to be assisted by two employees whenever she was moved. Further, the one employee who did attempt to move the resident without assistance also failed to properly use the mechanical lift. The resident suffered a fractured hip and head injury as a result of the fall. She lived another 6 months, and her condition deteriorated as a result of her injuries. She soon thereafter passed away due to her injuries. The case was contested by the defendants. We and our litigation partners obtained a six-figure settlement. The terms of the settlement are confidential. contact us | contact us | back to top
We and our litigation colleagues represented the family of a 64 year old man who was hospitalized for a serious heart condition. After the hospital performed life-saving heart surgery, the nursing department of the hospital failed to properly turn and reposition the man every 2 hours while he laid in bed during recovery from surgery. He completely relied upon the nursing department to turn and reposition him to relieve pressure off of his sacral area. The patient developed a Stage IV pressure sore on his sacral area which caused terrible pain. The terms of the settlement are confidential. contact us | back to top
Six-Figure Settlement for the Estate of a 62 year Old Man who Died After Being Given Improper Medication at a Hospital
A 62 year old man had diabetes and significant kidney disease. He arrived at the defendant hospital due to dizziness from his low blood sugar. He was taking certain known medications for his kidney disease. When he arrived at the hospital, the hospital staff used improper testing methods to determine his sugar levels and therefore improperly administered insulin causing him to fall into a diabetic coma. He never woke up and died soon thereafter due to the hospital’s improper testing methods and improper administration of the wrong medication. The terms of the settlement are confidential. contact us | back to top
Wrongful Death Lawyers Obtain Award for Family of an 87 Year Old Nursing Home Resident Who Suffered Serious Pressure Sores
The wrongful death lawyers at LH&P and our litigation team represented the family of an 87 year old man whose family was forced to place him in a nursing home for his own safety. Only after an admission to a hospital was it discovered that their loved one suffered numerous serious pressure sores, dehydration, malnutrition, renal failure, and sepsis (infection) secondary to the pressure sores. The pressure sores, dehydration, malnutrition, infection, and sepsis were the result of severe neglect, and were the cause of his injuries, pain/suffering and death. The nursing home was issued deficiencies by the Department of Health after it conducted a survey due a complaint filed by the family regarding the lack of care. The nursing home was cited for violation of numerous State and Federal Nursing Home Regulations in the areas of the “Exercise of Rights,” “Pressure Sores,” “Mental and Psychosocial Functioning,” and “Accidents.” The nursing home vigorously disputed the case. The case proceeded to arbitration and the family was awarded a significant financial award. The terms are confidential. contact us | back to top
Significant Six-Figure Settlement for the Estate of a 74 Year Old Man Who Died After A Serious Fall Out of Bed in A Nursing Home
We and our litigation partners represented the wife and estate of a 74 year old man, who was very ill and had a limited life-expectancy. The resident suffered several falls in a short time period. The last fall caused fatal head injuries. The evidence demonstrated that the fall was preventable and should not have occurred. The nursing home failed to provide all of the necessary safety measures to prevent the fall and subsequent head injury. The nursing home’s chart was confusing and inconsistent. Further, the nursing home failed to properly monitor the family’s loved one after the fall which resulted in further injury and death. The family received a significant six-figure settlement. The terms are confidential. contact us | back to top
Significant Six-Figure Settlement Obtained for an 82 Year-Old Nursing Home Resident Who Suffered 6 Falls in only 3 Month Nursing Home Admission
We and our litigation partners represented the 3 adult children of an 82 year old woman, who was supposed to be in the nursing home for short-term rehabilitation. Unfortunately, she fell 6 times in the nursing home in only 3 months, and the last fall caused her death. Because of the nursing home’s failure to provide proper fall precautions, the otherwise healthy 82 year old woman never returned home to be with her family. During this admission, the resident also suffered malnutrition and dehydration. The last fatal fall caused a significant hip fracture, which resulted in our client’s quick decline and death. At the family’s request, this matter was resolved very early in the litigation in order to avoid the stress of a long battle with the nursing home. The terms of the settlement are confidential.