Legal Awards and Settlements

CAR ACCIDENT SETTLEMENT

Client 16530 - $340,000.00 for woman ejected from van seat on rain slicked 422

A woman was a passenger in a minivan that hydroplaned on Route 422 and swerved violently as the van attempted to come to a stop. Our client was thrown from the middle seating row into the back row and sustained injuries to her neck and low back requiring cervical spine surgery and surgery to her low back. Notwithstanding our client's advanced age and the degenerative condition of her spine we were able to show that her surgeries were related to accident and we obtained a recovery from the liability and underinsured motorist carriers totaling $340,000.00.

No. 14216 -Multimillion Dollar settlement in drunk driving case.

Our client, a middle aged woman, was driving home from work at night when an underage intoxicated driver swerved into the path of our client's car, causing a violent crash. Our client was life flighted to a nearby hospital where she was treated for multiple serious injuries. Although she substantially recovered, she underwent surgeries including a joint replacement. Suit was brought against the underage drunk driver and the restaurant that was responsible for serving her. The case was settled for $2,450,000.

No. 14472 - $1.4 Million paid in fatal auto accident as a result of Roadway Design Defect

A 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. Our firm represented the estate of a deceased passenger against the driver and the Highway Department responsible for roadway design and maintenance. We obtained a settlement of over $1,400,000 for the deceased's family

Client 12640 -$1.5 Million paid for multiple trauma sustained in motor vehicle accident.

A dump truck crossed the center of the roadway and struck our client’s SUV. The SUV’s driver, who was an office manager, suffered multiple fractures. We obtained a policy-limit settlement of $500,000 from the truck driver’s insurance, $800,000 from our client’s underinsured motorist coverage, and a further settlement of $200,000 from our client’s workers’ compensation insurance company. The total settlement was over $1,500,000

No. 15824 -Over $1.1 Million recovered for head injury victim in  motor vehicle accident.

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 $1,100,000.

Client 12560 -$1.2 Million in catastrophic injury accident

In order to avoid a rear end collision with a school bus, a truck driver drove his rig into the oncoming lane, resulting in a head-on collision with our client, who suffered neurological and physical injuries. The settlement against the trucking company was $1,240,000.

Client 13270-  $300,00.00 settlement obtained for low back injury despite pre-existing congenital condition.

A young man, a computer specialist for a furniture company, was injured when his car was rear ended by a truck operated by an excavating company. He suffered lower back injury, but had pre-existing congenital conditions, and his original attorney was making little progress trying to negotiate with the excavators’ insurance company. Also, his employer was able to accommodate his restrictions, so work loss was minimized even though he had significant pain from the accident. The young man came to Liever, Hyman & Potter. Despite our client’s congenital conditions, we were able to win a settlement of $300,000.
Client 14670-  Maximum recovery for multiple fractures sustained in car accident.

A Berks County resident was visiting friends in Arizona, when the car in which she was a passenger became the target of road rage, and was struck by another vehicle. The woman suffered fractures of a leg, arm, wrist, and shoulder. We recovered for her the $600,000 policy limit of underinsured motorist coverage, plus the responsible motorist’s minimum coverage of $15,000.

Client 14292- All available insurance recovered for leg amputation.

Our client was driving near Pottstown when on oncoming vehicle veered into his lane, causing a head-on collision. The severe lower leg and ankle fractures that our client suffered ultimately resulted in his leg having to be amputated below the knee. The settlement for total liability and underinsured motorist coverage was $600,000.

No. 16026-  Cross-over accident results in $900,000.00 settlement.

A 49 yr. 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 $900,000.00 to compensate our client for his injuries.

Client 12266-  Motorcycle accident results in $500,000.00 settlement.

A motorcyclist was riding on a rural road when a woman driving in the opposite direction turned in front of him. The man suffered severe injuries to his face and leg. The recovery from the liability and underinsured motorist carriers totaled $500,000.

Client 11742-  PennDOT responsible for disabling injuries.

A man was driving south on Route 61 when a northbound car crossed the center line and hit our client’s vehicle head-on. Our client suffered disabling injuries to one leg. The other driver had minimum coverage, but our claim against PennDOT for failure to erect a median barrier in this dangerous area resulted in a recovery of over $400,000.

WORK INJURY SETTLEMENT

Client 17258-  Reduction of injured workers benefits prevented resulting in settlement

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 $118,000.00.

Client 17898-  $170,000.00 work comp settlement for shoulder injury.

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 $170,000.00.

Client 16498-  Successful work comp settlement for $150,000.00 - neck injury.

Our client, an over-the-road truck driver, injured his neck when he feel from his truck on an icy winter day. The employer and its workers' compensation insurance carrier denied that Claimant sustained an injury in the course and scope of his employment and we filed a Claim Petition on his behalf to obtain workers' compensation wage and medical benefits. The Workers' Compensation Judge ruled in our favor and we were successful in obtaining medical coverage and full disability benefits for our client. As a result of our success during litigation we were later able to obtain a settlement for our client in the amount of $150,000.00.

Client 12519 - Neck surgery and scar result in $134,000.00 settlement for injured security officer.

Our client, a security officer, sustained a herniated disc in her neck as a result of breaking up an altercation between two people. She underwent cervical spine fusion surgery for her injury, which resulted in a small horizontal scar in the crease of her neck. Given the nature of her injury, our client was unable to return to her job in the field of security. We won a workers' compensation settlement totaling $134,000.00, with $125,000.00 attributable to the wage and medical claim and $9,000.00 attributable to the disfigurement claim arising from the surgical scar.

Client 14188-  Work Comp settlement for herniated disc.

A worker at a nuclear power plant suffered a herniated disc while lifting. The employer disputed the claim, contending that the disc was merely bulging, and not herniated. We won a workers’ compensation settlement of $160,000.

Client 13984-  Fall from ladder results  in work comp and third party settlements

A cable company employee was standing at the top of a ladder, performing a residential cable disconnect, when a car attempting to drive around his company van struck his ladder. Our client’s fall resulted in serious wrist fractures and other injuries. We obtained a $175,000 settlement against the responsible motorist and our client’s underinsured motorist insurance company, plus $120,000 from our client’s workers’ compensation insurance company.

Client 12605-  Lifting injury results in work comp settlement.

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.

Client 10957 - Man gets $1.9 Million for burns suffered in explosion

A subcontractor was hired by a manufacturer to paint a tank at the plant. While he was working, the tank exploded, severely burning our client. To build this complex case, we hired the safety expert who 'wrote the book' on explosions of this type. He addressed the safety precautions that should have been taken. We also presented a 'day in the life' video documenting the debilitating effects of the injuries upon our client's life. We won a settlement of $1,900,000.

Client 10472 - Work Comp death benefits won for employee killed while driving to visit a customer.

An insurance agent was killed in a motor vehicle accident while en route to make a call on a prospective customer. He represented several different companies. His widow retained us but did not know exactly where her husband was going that night or for which insurance company he was making the call. Through our investigation, we were able to determine the prospective customer, and took that person’s deposition testimony to be used in the workers’ compensation case to claim benefits for the widow and surviving children. Through the litigation we were able to establish that the deceased was indeed an employee and not an independent contractor, and that he was in the course and scope of his employment at the time of his death. The widow continues to receive benefits to this day.

Client 13028 - Successful litigation on behalf of injured worker results in $140,000.00 settlement.

A tractor trailer driver was injured while making a delivery of the load. He was under a lease agreement with the trucking company whereby he provided the tractor that he operated. Following his injury, the employer unilaterally determined that only one-third of the lease payment represented wages to the driver for purposes of calculating his average weekly income, which establishes the amount of workers’ compensation benefits to which he is entitled. Through litigation we were able to establish that the lease agreement did not make such an apportionment. The Judge agreed with our calculation that reduced the lease payment only by the amount of his costs incurred so as to arrive at a more accurate calculation of average weekly wage. As a result of being able to increase the value of the average weekly wage, the claim was resolved for $140,000.

Client 11310-  Work Comp benefits won for worker suffering from chemical exposure.

Following a chemical spill, a worker began to suffer from headache pain, dizziness and fatigue. The insurance company denied his claim for benefits when he was no longer able to work. Through medical testimony, we were able to establish that he was suffering from multiple chemical sensitivity. Although the diagnosis is not universally accepted in the medical community, we were able to obtain a qualified expert to not only treat the client, but also to provide expert testimony. He continues to receive benefits to this day despite subsequent efforts by the insurance company to terminate his compensation

Client 12307 - $120,000.00 settlement for blind worker who suffered a neck injury.

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.

Client 14111-  Work Comp award for surgical neck scar

As a result of a work injury, our client had undergone neck surgery, which resulted in a two-inch scar in the wrinkle crease of his neck. In workers’ compensation, disfigurement of the face, head and neck can result in an additional specific loss benefit over and above benefits payable for the period of disability. As a result of litigation filed on his behalf, the claimant received $12,500.00 for the scar.

Client 12336-  Successful defense of labor market survey in work comp case.

A plastic tube had struck our client in the head with severe force, causing head and neck injuries. After receiving total disability benefits for a period of time, the insurance company attempted to modify or suspend his compensation based upon a labor market survey. However, the vocational consultant hired by the insurance company failed to test our client. We hired our own vocational expert to perform cognitive testing of the claimant, which disclosed that he had weaknesses in his ability to process information. As a result, the Judge ruled in favor of our client.

Client 12676- Proper medical care won for worker with both physical and psychological injuries.

While working on a trailer and using a 20 pound sledge hammer, our client’s left hand let go of the handle as he was swinging the hammer forward with both hands from above his head. As he missed the object he was intending to strike, the continued swing pulled on his right shoulder, resulting in significant pain. He underwent surgery to repair a tear in the shoulder, and also underwent right carpal tunnel release. As a result of the injury, the client also developed brachial plexopathy (also known as thoracic outlet syndrome), myofascial pain, adhesive capsulitis of the right shoulder, complex regional pain syndrome (also known as reflex sympathetic dystrophy), adjustment disorder and depressive disorder. Yet the insurance company’s notice of compensation payable described his injury simply as a “sprain/strain of the right shoulder.” We filed a petition for review to correct the description of injuries so that proper medical treatment would not only be received but also paid for by the insurance company. Through our taking of testimony of multiple medical experts on his behalf, the workers’ compensation Judge amended the description of injury so as to allow the client to receive proper medical treatment. He continues to receive benefits to this day.

Client 10941-  Death benefits awarded for work-related heart attack.

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.

Client 14465-  Employee retains full work comp benefits after receipt of severance payment.

Our client had suffered a work injury but had returned to light duty work under restrictions. When his local plant closed, he was paid a severance payment, and the insurance company filed a notice of benefit off-set to reduce his workers’ compensation benefits by the amount of the severance payments, alleging that the release the client signed included releasing multiple rights under multiple statutes, both state and federal. We filed a petition to review the benefit off-set. Following our litigation and argument, the defendant agreed with our position in that it was not clear under the severance agreement what portion of the payment was for actual severance benefits or what constituted payment for his giving up various rights. The client is currently receiving full benefits

Client 14055-  Total disability benefits obtained for back injury despite pre-existing condition

Our client had suffered a non-work-related back injury for approximately one year, when during the course of employment, he herniated a lumbar disc while lifting a 40-pound weight. His claim was denied on the basis that it was a reoccurrence of his prior condition and did not represent a new compensable work injury. Through litigation we were able to establish by the medical testimony that it was indeed a new injury. Workers’ compensation benefits for total disability have been paid.

Client 14153-  Work Comp awarded after our firm is retained

A waitress developed neck pain while trying to lift a heavy tray of dishes in a tight space. When she started to miss time from work approximately a month and a half later, an issue arose as to whether or not the time off from work was actually from the injury. Another law firm filed a claim petition, but she was not satisfied with their services. She retained a second firm who did not then want to represent her, but rather was recommending a low settlement. After being represented by us, the claim proceeded with the taking of medical testimony and an award of compensation was then made to her by the workers’ compensation Judge.

Client 10033 - Knee replacement surgery won for injured worker.

An estimator for a local firm had a long history of arthritis in his right knee. One day at work, his desk broke, causing him to fall backward and strike the right knee against the desk. Thereafter, it was necessary that he have a knee replacement. The claim for disability arising from that knee replacement surgery was denied on the basis that the surgery was due to his pre-existing arthritic condition and not from what happened at work. However, through medical testimony we were able to establish that the work event aggravated his pre-existing condition and accelerated the need for the knee replacement surgery thus resulting in an award for compensation. He continues to receive benefits to this day.

Client 10058-  Proof that latex allergy is work-related results in $100,000.00 settlement for injured worker

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.

Client 10064-  Work victim of Thoracic Outlet Syndrome obtains $115,000.00 settlement

A worker at a local manufacturing firm suffered a work injury that was described in the notice of compensation payable as a “strain/non specific/pain bilateral wrist.” As his disability continued, it was actually determined that he was suffering from right greater than left thoracic outlet syndrome. Following litigation in which disability benefits were awarded and the claim was ultimately resolved for $115,000.

Client 10007-  Construction accident results in $900,000.00 settlement.

A construction worker was on the job when the fiberglass stepladder on which he was standing collapsed, shattering his heel. We won a settlement of $900,000.

No. 13513-  Over $1 Million recovered for shattered ankle victim in a construction accident.

A 37 yr. old construction worker was on the job site when a staircase on which he was standing collapsed. His ankle was shattered. We obtained a settlement of $1,085,000.00 against the owner/general contractor, framer and another subcontractor.

MOTORCYCLE ACCIDENT SETTLEMENT

Client 11541-  Maximum available insurance recovered for brain injury resulting from accident at dangerous intersection

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.

Client 13364-  Maximum payment recovered for leg injury sustained in motorcycle accident.

Our client, a prison guard, was taking a recreational ride on his motorcycle when the driver of a car made a left turn directly in from of him. Our client suffered serious leg injuries. The policy limit settlements from the negligent motorist and underinsured motorist coverage totaled $365,000.

Client 12409-  Woman on motorcycle severely injured by overhanging tree branch.

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.

Client 13978-  $600,000.00 for motorcycle accident settlement.

A motorcyclist was riding on Route 61 when a New Jersey motorist going the opposite way turned in from of him. The severe, permanent injuries that our client suffered to his shoulder and arm were disabling, and he was unable to return to work. We won for him a settlement of $600,000.

PREMISES LIABILITY

Client 13119-  Injury during parking lot attack results in $100,000.00 settlement.

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.

Client 9004-  Slip and fall on ice results in settlement.

Our client was at a self-service gas station to get fuel, when he slipped on a patch of ice near the pumps. As a result of the fall, he dislocated his shoulder. Despite the gas company fighting the case, we won for our client a verdict of $75,000.

No. 13276-  Fall on defective sidewalk results in $100,000.00 settlement.

A local businesswoman was walking an elderly customer back to her car when she tripped on a buckled sidewalk that was located at the border between two different owners' sidewalks. Our client hit her face and suffered facial fractures that required surgery. Each property owner blamed the other for the dangerous condition. A settlement was achieved in the amount of $100,000 paid equally by the insurance companies for each owner.

MEDICAL MALPRACTICE SETTLEMENT

Client 10225-  Delay in cancer diagnosis due to botched pap smear analysis.

A medical laboratory was negligent in performing a pap smear, which caused delay in the diagnosis of cancer. We obtained an $800,000 settlement from the laboratory.

Client 12216 - $2 Million settlement for failure to detect infection.

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.

No. 14317-  Delay in cancer diagnosis due to incorrect reading of x-ray.

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 and 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.

Client 12640-  $1 Million Verdict for failure to diagnose congenital hip condition.

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.

Client 10920 - $1 Million Verdict for negligent spine surgery.

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.

Clients 12176 and 12537 - $3 Million Settlements for improperly medicated newborns.

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.