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Representative Cases

Insurance companies and big business have the resources to hire “experts’ who will explain why they are not responsible for your injuries. We have the experience and resources to bring in the medical, legal and technical expertise necessary to fight back. The recoveries below are only a small example of the types of claims and challenges our firm deals with, for Florida accident victims.

Uninsured Motorist Insurance Coverage Denial. Our attention to the smallest detail resulted in the Court setting aside a denial of Uninsured Motorist coverage (an exclusion), normally allowed for under Florida law.  Her company insisted that no one has ever successfully challenged this policy language. By taking the time to read every line of the policy, we found a problem with the exclusion they used to deny our client needed coverage.  Maybe there are just too many law firms focusing on bringing in new business, then trying to help the clients they have?

625,000.00 recovery for leg injury, in trip and fall incident. Client’s reconstructive surgery was unsuccessful, likely due to his major preexisting medical conditions. As a result, the client is now largely wheelchair dependent. The property owner denied fault, claiming our client was already unsteady on his feet and knowing this, he should have exercised more caution. Defendant also claimed that our client’s underlying medical conditions were so severe, he would have ultimately ended up wheelchair bound, even if the accident never happened,  Our client was left in a difficult situation. The injury had a significant impact on his ability to work and he needed an aid to help with certain activities of daily living.  Our law firm retained various experts, including an Architectural Engineer to explain why the client was not at fault for the accident and a Home-Care Expert to redesign of his home and establish future care costs. We also secured support of our client’s physicians to show his preexisting medical conditions may never have left him wheelchair bound, or at worst, it would have happened years down the road. This was a difficult case for all our attorneys and staff. We are very happy our client now has the financial resources to provide for his care needs and more.

Wrongful Death. Confidential, high six-figure settlement where the only survivors were adult children. Their mother was a passenger in an underinsured car that was speeding.  Another car entered the intersection from a stop sign, striking the decedent’s vehicle.  An accident reconstruction expert hired by the car entering the intersection, claimed that our vehicle’s speed made it appear that the driver had plenty of time to cross the roadway. We hired an accident reconstruction expert and used sophisticated data analysis  to establish the car was actually traveling much slower than the defendant’s claim and their driver could have avoided the accident if it was exercising proper care. While this was a tragic loss, we were happy to give the family some closure and the feeling that justice prevailed.

Recovered $100,000 insurance policy limits shortly before trial. Client suffered a low back injury ultimately requiring surgical repair. With only $500 in property damage, the insurance company claimed her injury could not have been from the accident. Until shortly before trial, their offers did not even cover her medical bills. We did not give up and they eventually gave in, paying the limits of their insurance policy.

Confidential, multi-million dollar recovery (high six figures) for client partially paralyzed in a vehicular accident. Our team of medical experts; vocational rehabilitation experts; lawyers and other consultants vigorously challenged the defendant’s attempt to minimize the client’s medical needs; their denials of liability and insurance coverage. In addition to the substantial recovery, through careful financial planning, we preserved his entitlement to Medicaid insurance coverage. As a result, our client and his family are financially secure; he has a new home designed for his special needs; a private nurse care practitioner who insures he is provided with whatever care and treatment he needs and much more.

$135,000 for client even though there was only a $100,000 insurance policy. Client required surgery to repair a fractured leg. The elderly defendant cut off our client and left the scene, apparently without realizing he even caused an accident. Defendant’s insurance company refused to make any offer because no one could locate the independent witness listed on the police report. We did not give up and before trial our investigator’s and staff located the witness. Because of their delay in accepting responsibility, we pressured the insurance company into paying more than the insurance policy limits they sold the defendant.

$375,000 after client’s first lawyer dropped case. Our elderly client was walking across the street (against the light), when she was struck by a car making a left on a green arrow.  She suffered a fractured leg requiring surgical repair. Her first lawyer dropped the case after learning the person who leased the car let his $100,000 insurance policy expire. We are not afraid of tough cases and we don’t give up easily. Our attorneys also take the time to know Florida’s insurance laws, even the ones her first lawyer apparently did not know. We used our knowledge and experience to find insurance coverage and prove the driver could have easily avoided our client if he were paying attention.

$750,000 for injuries to young woman in motor vehicle accident. Our client claimed a vehicle which left the scene, cut her off and a passenger in our car contributed to causing the accident, by grabbing her steering wheel and turning them into a pole. Client suffered a fractured leg, requiring surgical repair and lost time from work. Since there was no contact with the other car, this complicated insurance/liability claim, required careful analysis and reconstruction to determine what occurred.

$680,000 for leg injury to vehicle passenger. Defendant driver claimed he was cut off by another vehicle which fled the scene. Client suffered a fractured leg with open wounds, requiring reconstructive skin and tissue grafting. Despite the insurance company challenging liability, long term extent of his injuries and problems proving lost earnings, we were able to recover most of the available insurance policy.

Confidential (high six figure) settlement for Slip and Fall injury. Client fractured foot requiring two foot/ankle surgeries. The Defendant’s “expert witness” doctor, claimed the plaintiff did not fracture her foot and all her problems were the result of longstanding degenerative changes, unrelated to the fall. Our team of medical experts; vocational rehabilitation experts; lawyers and other consultants vigorously challenged the defendant’s denials and experts. Our client’s long time job required she stand or walk most of the day. Because of her injury, it was impossible to work without severe pain. Her recovery made it possible to stay off her feet and reduce any additional damage from the injury.

$440,000 for neck and back injuries from automobile accident. Client suffered a disk herniation in her back requiring surgery and underwent epidural injections in her neck and back to control pain and reduce inflammation. Client had a prior history of minor neck and back pain and diagnostic testing showed degenerative changes, which defendant claimed would show her injuries were not caused by the accident.

$2,750,000 recovery on complex liability automobile accident. An uninsured motorist who was passing traffic in no-passing zone struck our client head-on. The impact caused her vehicle to spin sideways, where she was struck by a vehicle traveling behind her. Our office immediately went into action. One of our lawyers personally went to the accident scene to look for physical evidence the police may have missed. The attorney and our accident reconstruction expert were able document important physical evidence before it disappeared. From this inspection and interviewing witnesses, we learned the car behind our client was traveling dangerously close to her. Through our team of experts; lawyers and investigators, we established her most severe injuries were caused by this second impact. Because of our fast action, attention to details and teamwork this client was appropriately compensated for her severe injuries.

 

The cases above are only a small sample of the range of cases we handle. Over the years we have been involved in numerous cases with settlements/verdicts as large, or larger than those listed above. However, we are here to handle all your personal injury claims. We also represent many clients with soft tissue injuries; otherwise known as sprain or strain injuries. We recognize those injuries can also cause permanent pain and disability. At the Law Offices of Kirshner, Groff & Diaz, we want to help you and your family get the recovery you deserve for all your injury claims.

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