$907,500 settlement by attorney for construction worker who fell on the job and had no health insurance. Client required emergency surgery.
Our client was injured when he fell from a substantial height while working at a large construction site, due to a board not being properly secured. He was rushed to the hospital and underwent two emergency surgeries. He was left with hardware in both his spine and foot/ankle.
Remember: If you have been injured in a construction accident it is imperative to contact an attorney as soon as possible. Many projects involve countless contractors and subcontractors. These parties need to be quickly identified to best protect your legal rights.
Comments from Attorney Joseph Morrison: It was obvious from the onset that our client had suffered truly significant injuries. He didn’t have health insurance and our first order of business was assisting him to get the medical attention he desperately needed. We were able to help him secure the services of a well-qualified medical doctor to aid him in his recovery efforts. The physician’s clinic, which offered a chronic pain management program, agreed to delay billing our client until the conclusion of the case.
Comments from Attorney Shane Mullen: We were able to get a firm grasp of how the incident occurred very early in the case. We quickly secured multiple witness affidavits and obtained a statement from the Project’s Superintendent. Securing key evidence at the onset of the case was absolutely critical.
Our client underwent extensive physical therapy and rehabilitation and eventually received multiple injections in his spine in an attempt to provide him additional pain relief. Our firm retained a Neurosurgeon as an expert. The Neurosurgeon evaluated him on multiple occasions and completed an ability to work questionnaire / residual functional capacity form indicating the client would have permanent work limitations and/or restrictions.
The residual functional capacity form was provided to a Vocational Rehabilitation Consultant we retained as an expert. The Vocational Rehabilitation Consultant reviewed the form, met with our client, and issued an opinion that our client would not be able to return to his past relevant work.
In addition, due to the client’s lack of formal education, skills, and training he determined the client was essentially unemployable in any capacity. As I’ve stated before, we never hesitate to spend the money necessary to retain experts and properly develop cases to give our client’s the best possible chance of obtaining a favorable settlement without the necessity of costly and time-consuming litigation.
We also retained the services of a Certified Legal Nurse Consultant / Certified Medical Investigator to review the client’s records. She prepared a detailed chronology of his treatment and produced significant medical research articles and treatises discussing the impact the client’s injuries would have on him as he progressed through life.
Liability was contested so we also retained a Certified Safety Professional / Certified Industrial Hygienist who formerly worked at OSHA as an expert. In addition, we obtained 3D Imaging of our client’s injuries so that the insurance adjusters could truly visualize the extent of those injuries.
We filed claims with the general contractor, a subcontractor, and the project developer.
We worked with the insurance carriers for the above parties and their respective attorneys to coordinate a pre-suit mediation. Attorneys Regis Mullen, Shane Mullen, and Joseph Morrison all attended the mediation with the client. We sent a 26 page settlement demand to all parties to review prior to the mediation.
After heated negotiations that lasted an entire day we were able to secure a settlement for the client that we are truly proud of. This case really exemplifies the Mullen & Mullen difference. It took the collaborative efforts of all three firm attorneys to achieve the settlement. We beat them to the punch in obtaining key evidence from witnesses. The insurance companies involved had armies of lawyers and nearly unlimited resources.
We demonstrated that our injury law firm also has the resources necessary to fully develop cases and we spared no expense in doing so. We retained four experts and made use of cutting edge 3d imaging technology. We are so excited that the client now has the financial security he needed and deserved.
The settlement for this personal injury claim involving lumbar spinal and foot/ankle injuries as a result of a construction accident was $907,500. Attorney fees were $254,100. Case expenses were $12,733.93. After paying medical providers, the client’s net recovery was $572,168.07. This was a wonderful settlement for contested liability. The client saved $48,399.96 in attorney fees based on his 28% – as opposed to the industry standard 33.3% – contingent contract.
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Joseph R. Morrison is the Senior Associate Attorney at Mullen & Mullen Law Firm in Dallas, TX, where he represents people personally injured due to the negligence of others. He was recognized by VerdictSearch for obtaining a Top 5 Premises Liability verdict in the State of Texas, and has been quoted in the ABA Journal.