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Lawsuit Earns 300% Larger Settlement A BIG WIN FOR A GREAT CLIENT!
I received a pleasant surprise in the way of an unscheduled office visit from a former client on Sept. 5, 2015. He advised our receptionist, Samantha, that he had questions because he had been involved in an automobile accident. Samantha relayed the information to me, and I am glad I happened to be present so I could go speak to my former client, friend, and neighbor, Robert Duprey. Mr. Duprey, a very pleasant U.S. veteran and retired air traffic controller, had questions because he was injured in an automobile accident just two days before. The driver of a medical supply van ran a stop sign and crashed into the front passenger side of his vehicle. Mr. Duprey was concerned because he was in pain and had done absolutely nothing to cause this crash, which happened less than two miles from his home. lumbar fusion from a work-related accident in 2010. His injuries also involved the aggravation of pre-existing degeneration and new injuries to his neck. He suffered an aggravation to a pre-existing right shoulder injury, too. Mr. Duprey exhausted all conservative treatment options and, ultimately, required two surgeries to repair injuries he suffered to his neck and right shoulder. Mr. Duprey incurred significant medical and other out-of-pocket expenses which the insurance company initially refused to adequately compensate him for. In fact, it became clear to us that the at-fault driver’s insurance company simply wasn’t going to be fair to My client suffered significant injuries from this crash. His injuries involved the aggravation of a pre-existing
my client unless I filed a lawsuit against their driver. In June of 2017, approximately four months after Mr. Duprey underwent a three-level cervical fusion, we filed a lawsuit against the driver of the supply company and the company itself. Under Florida law, an employer is responsible for the negligent acts of its employee when those negligent acts are committed during the duration of the employment. An employer may also be held responsible for negligence in their hiring and retention of their employees. For instance, a pizza delivery business who hires a delivery driver with multiple prior convictions for reckless driving or speeding exposes itself to liability for negligent hiring should this driver cause a crash. One of the most complicated parts of pursuing a claim for damages from any kind of accident is proving what injuries the accident caused and the value of those injuries to the plaintiff. Degenerative and other changes in the spine and prior accidents can really complicate the evaluation process. Insurance companies are careful to make sure they pay for only the damages and losses they are legally responsible for, and the plaintiff’s experienced lawyers are zealous about maximizing the value of their clients’ settlements. In 2010, Mr. Duprey underwent a lumbar fusion to repair an old job-related injury. He did well after his lumbar fusion and eventually was able to continue with the same lifestyle he had become accustomed to — boating and fishing as much as possible. I am very grateful for Mr. Duprey’s doctors who helped him
recover from his injuries, allowing him to return to the lifestyle he enjoys so much!
The insurance company’s highest pre-suit offer to settle Mr. Duprey’s claim was $100,000. We filed a lawsuit and the Insurance company eventually paid $310,000 to resolve the claim. Now, 27 months after the accident, Mr. Duprey can appreciate closure and go back to living easy and enjoying his retirement.
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