Traumatic Brain Injury – Car Accident Judgement
The Shaked Law Firm obtained $21,000,000.00 on behalf of its client, after he was diagnosed with a traumatic brain injury that has left him in a permanent vegetative state, as a result of the defendant driver running a red light.
After a 4 day trial in Orlando, Florida, the Shaked Law Firm obtained a $12,240,000.00 verdict on behalf of a family that lost their mother as a result of a tragic head-on automobile collision. The trial team consisted of: Sagi Shaked, Joel Roth, Manny Lorenzana and Iury Carvalho.Unfortunately, Roitiki Tyler only got to see her star athlete son play one college game. Tyler was accompanied by her 11-year-old who flew from Florida to Iowa to watch Devontre Tyler play middle linebacker in a Saturday game in November 2014. The following night, Tyler was driving home when a Ford F-150 truck hit them head-on at 65 mph. The mother of two died. Her young son survived his mother without physical injuries, but whose subsequent emotional traumatization led an Orange County jury to award them with $12.24 million.
SETTLEMENT: The Shaked Law Firm settled this case on behalf of a 36-year old male who suffered life-altering injuries when the company driver made an improper turn into an intersection in which our client was riding his scooter into. Our client had the right of way. Within minutes of the accident, the defendants hired experts (Accident Reconstructionist and Human Factor Expert) to defend the liability that led to our client’s injuries. The Defendants even went so far to hide the fact that the company driver was on the phone and possibly looking at his laptop. The Defendants fought tooth and nail on every issue imaginable, however, this did not deter the Shaked Law Firm in obtaining the justice our client rightfully deserved. The Shaked Law Firm thoroughly investigated this matter so that the Defendants had no choice but to admit liability. Prior to trial and a hearing on a motion to amend the complaint to include a claim for punitive damages, the Defendants decided it would be in their best interest to pay nine million ($9,000,000.00) dollars and avoid a trial against the Shaked Law Firm. The client sustained a closed head injury, herniated disk to his neck and back requiring surgery along with fractures to his nasal, femur, tibia, and fibula.
Automobile Accident (Bad Faith money paid in addition to $1 million dollar insurance policy)
SETTLEMENT: The Shaked Law Firm settled a case on behalf of its client who sustained a traumatic brain injury as a result of being violently rear-ended in an automobile accident. The Defendant’s insurance company failed to pay its $1 million policy limits in a timely manner, and the Shaked Law Firm settled this case for $2.75 million above the one million ($1,000,000.00) dollar policy limits.
Automobile Accident (Bad Faith money paid in addition to $10,000.00 insurance policy)
SETTLEMENT: The Shaked Law Firm settled a wrongful death case for $3,400,000.00 on behalf of a family for the loss of their loved one who passed away in a car crash where the brakes of the vehicle were defective. It is important to note that there was only a $10,000.00 policy, and the Shaked Law Firm settled this case for $3,390,000.00 above the policy limits.
Motorcycle/scooter accident (Bad Faith)
SETTLEMENT: The Shaked Law Firm settled a wrongful death case of a 78-year old father/grandfather for $3,100,000.00. This was a hotly contested case from day one. The insurance company refused to pay the one million dollars policy limits. As a result, the Shaked Law Firm filed a lawsuit against the at-fault driver and his company. The defendants fought this case for two (2) years before finally recognizing the exposure and were left with no choice but to pay the claim. It is important to note that the Defendants’ insurance company had a $1 million insurance policy and the Shaked Law Firm settled the case for $2.1 million dollars above the Defendants’ one-million-dollar ($1,000,000.00) policy limits.
SETTLEMENT: The Shaked Law Firm pursued a case against the condominium, association and property management, who failed to inform the front desk personnel of the presence of a defibrillator on the condominium property. Additionally, they also failed to properly train the front desk personnel on how to use the defibrillator. When our client suffered a heart attack, the security personnel did not know that there was a defibrillator on the property, or how to use it, which would have saved our client’s life.
Auto Pedestrian Accident leading to Wrongful Death
SETTLEMENT. The Shaked Law Firm represented the family of the deceased who was a father/husband working as a delivery person for an appliance company. After making a delivery at a customer’s home, our client was struck and killed by a pick-up truck when our client was walking back to the delivery truck. The insurance company for the pick-up truck tendered their $300,000.00 policy limits in a timely manner. Through our investigation, we were able to determine that the delivery truck had an additional one-million dollar ($1,000,000.00) under-insured motorist insurance policy, which was applicable to this case. Initially, the under-insured motorist’s insurance company denied the claim based on a waiver which had been signed by the owner/lessor of the delivery truck, however, the Shaked Law Firm’s investigation revealed that this waiver was invalid under Florida law. Consequently, we were able to convince the owner/lessor of the delivery truck, and their under-insured motorist insurance company to pay their one million ($1,000,000.00) dollar policy limits, even though they initially denied that this insurance was inapplicable.
$ 1,000,000.00 policy limits were obtained
Medical Malpractice Case (Dental Malpractice)
SETTLEMENT: The Shaked Law Firm settled a medical malpractice case against a Dentist who negligently performed a routine wisdom tooth extraction resulting in a fractured jaw and permanent nerve damage. This was a hotly contested case where the doctor’s insurance company refused to offer a single dollar. It was not until we took the deposition of the doctor and exposed the doctor’s negligence that the insurance company had no choice but to pay their entire policy limits of one million ($1,000,000.00) dollars to avoid bad-faith exposure.
Automobile accident leading to wrongful death
The Shaked Law Firm obtained the full one-million dollar policy limits on behalf of the family who lost their father/grandfather, who was struck by a commercial truck driver while crossing an intersection.
Automobile Accident Negligence
SETTLEMENT: The Shaked Law Firm settled this case against a company for their failure to secure their construction tools to the back of their truck, which became loose, and struck our client causing her to sustain a fractured femur.
Worker’s Compensation Immunity
SETTLEMENT: The Shaked Law Firm was able to overcome Florida’s stringent Worker’s Compensation Immunity laws and recover the entire one million ($1,000,000.00) dollar insurance policy limits on behalf of the family of the deceased. Our client was hired by a construction company to remove asbestos from the inside of a building that was going to be demolished. The asbestos was used as a fire proofing material on metal beams that were over 2-stories high and were a part of the roof structure of the building. In order reach these metal beams to scrape the asbestos off them, our client had to stand on a 2-story scaffold. One day when he was in the process of scraping the asbestos off the beam, he fell off the scaffold and hit his head on the floor causing a severe head injury and, brain damage. Our client survived for a few days, but unfortunately later died from his injuries.
Following our client’s injury and death, there was an OSHA investigation into what occurred. However, by the time OSHA was called to conduct its investigation, the employer failed to preserve the scaffold and had already dis-assembled and cleaned. In essence they spoliated the evidence and thereby prevented OSHA and the Shaked Law Firm from determining if the scaffold met the applicable safety requirements. The Shaked Law Firm was able to utilize this to our advantage, and in the subsequently filed civil action convinced a judge to grant our Motion for Spoliation of Evidence. In addition, through the information we obtained from OSHA, we were able to identify several witnesses who provided testimony that the employer knowingly allowed the employees to utilize the unsafe scaffold, which did not meet the applicable safety requirements. Eventually, we were able to utilize this information to convince the employer and insurance company to pay their one million ($1,000,000.00) dollar policy limits, which was utilized to benefit the deceased’s minor child.
Sexual Assault Case
CONFIDENTIAL SETTLEMENT: The Shaked Firm settled a case for $1,000,000.00 on behalf of its client who suffered from a mental disability and was the victim of a sexual assault. Our client was a young adult male with a learning disability and had the mental capacity of a four to five-year-old. Our client was sexually assaulted by another student in the bathroom of the school he was attending. The teachers, who were supposed to have been supervising the young adult and the other students, were not paying attention to the actions of the students. This allowed one of the students, who did not have as a severe condition as our client, to go into the bathroom with our client and take advantage of our client. To make matters worse, the defendant denied that the event had occurred and that our client was sexually assaulted, despite one of their teachers admitting that our client was sexually assaulted. The defendant fought the case tooth and nail and refused to admit they had done anything wrong. We were able to speak with the perpetrator and his parents and got the prepetrator to confirm our client’s version of events. It was not until we defeated the defendant’s Motion to Dismiss that the defendant realized they had a problem when they stepped up to the plate and paid the one million ($1,000,000.00) dollar policy limits.
Fall leading to untimely Death
CONFIDENTIAL SETTLEMENT: The Shaked Firm settled a case for $1,000,000.00 on behalf of a young adult with various mental disabilities who was in an adult day care facility. The adult day care facility knew that our client’s mental disabilities required that he be constantly supervised and not allowed to go to the bathroom alone. Because of staffing problems at the adult day care facility on the date of the incident, they were short-staffed and did not have sufficient staff to watch and supervise our client when he went to the bathroom. The adult day care facility allowed our client to go to the bathroom unsupervised which was contradictory to their own policy and procedures. While in the bathroom our client suffered a fall resulting in a head injury which ultimately led to his untimely death. As a result staffing shortage, the adult day care facility didn’t find our client in time to provide emergency care to our client and as a result he died from his injuries. The adult day care facility attempted to cover up what really happened and try to convince the witnesses to change their story and cover up what really happened. Fortunately, an employee who witnessed what really happened and refused to participate in the cover up, came forward and contacted our office and informed us of what really happened. This employee also provided us with documents substantiating the truth. We were able to utilize this information to convince the defendant and their insurance company that they had a real problem and need to pay the one million ($1,000,000.00) dollar insurance policy limits.
Negligent Security Case (client was shot in abdomen)
SETTLEMENT: The Shaked Law Firm settled a negligent/inadequate security case in the amount of nine hundred seventy-five thousand ($975,000.00) dollars against an apartment complex on behalf of our client who was shot in the abdomen while parked in the condominium’s parking lot. Prior to the Shaked Law Firm’s involvement in the case, two law firms declined to take the case. This did not deter us from seeking justice for the plaintiff, as we knew the condominium was located in a high crime area. Early in the case, we obtained police reports and police call logs for the condominium itself and the nearby area. We identified numerous reports and calls for shootings, robberies, batteries, and sexual assaults (among others) for the three years prior to the incident. Despite this criminal activity, the condominium owner still chose to put residents and their guests at risk by not having security guards or installing a guard gate or security cameras. We argued that this made the shooting foreseeable. The defendant and insurance company claimed that the plaintiff was not entitled to damages. The defendant and insurance company ultimately paid $975,000.00 on a $1 million insurance policy to settle the case. Results like this make us proud of what we do.
Negligent Security Case
SETTLEMENT: The Shaked Law Firm settled a negligent/inadequate security case against a strip club on behalf of its client who was robbed, shot and killed while on the premises. The defendant strip club failed to provide its customers, including our client, with security in its parking lot. Specifically, our client was leaving the strip club on the way to his car in the Defendant’s parking lot when he was shot and killed by criminals. The strip club failed to keep the parking lot and the premises free from criminals. There was crime on the property going back five (5) years before this case. The Shaked Law Firm was able to prove that the strip club knew about the prior crimes and did nothing to protect its customers. Its cases that like this one that communicates to all business that you must protect your customers. If you know of crimes on your property, you must ensure to provide adequate security to your customers.
Motorcycle Crash (Bad Faith)
SETTLEMENT: The Shaked Law Firm settled a case for $725,000.00 on a $10,000.00 policy. Our client sustained a closed head traumatic brain injury as a result of an accident while he was riding a motorcycle. The defendant driver of an SUV made an improper turn directly in front of him causing our client to strike the side of the SUV. The impact dislodged our client’s helmet and caused him to be thrown from the motorcycle. He landed on the roadway and suffered facial fractures, a head injury and other injuries throughout his body. Our client was transferred to the hospital where he was admitted for four days and then discharged. Before the accident, our client worked as a steel worker and after the accident, he was not able to perform the same duties due to balance and memories issues. The Defendant had a minimal policy of insurance, specifically, only ten thousand ($10,000.00) dollars. The Defendant’s insurance company dropped the ball and failed to timely tender (pay) the insurance policy in a timely fashion. As a result, the insurance company became liable for the full value of our client’s injury despite the fact that they only issued a minimal policy. Eventually, after years of litigation, the Shaked Law Firm was able to convince the insurance company to pay significant extra contractual damages far above their minimal policy limits of $10,000.00.
Slip and Fall
SETTLEMENT: The Shaked Law Firm settled a case on behalf of its client who slipped and fell and sustained a herniated disk to her back which required back surgery.
SETTLEMENT: The Shaked Law Firm settled a case for $600,000.00 on behalf of its client who sustained back and neck injuries as a result of a car crash where the client was rear-ended. Specifically, the client sustained a herniated disk to her back and required surgery.
Automobile Crash (Bad Faith)
SETTLEMENT: The Shaked Law Firm settled a case for $600,000.00 on a $50,000.00 policy, on behalf of its client who sustained injuries as a result of an accident that occurred in Northern Florida. The defendant’s insurance company agreed to pay extra-contractual money as a result of the hard work the lawyers at the Shaked Law Firm did on the case.