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Onstad Blog
By SuperUser Account on 9/18/2015 11:26 AM

            The first criteria in retaining a lawyer in an auto accident case is that the lawyer is board certified by the Texas Board of Legal Specialization in Personal Injury trial law.  At the present time there are 120 lawyers in Travis County, Texas who are so board certified.  About half of them do primarily defense work, defending insurance companies who insure the negligent party.

By SuperUser Account on 8/4/2015 8:21 AM

            More and more often, victims injured in auto accidents who come to me for legal services learn that the negligent party who caused the auto accident has no insurance or only minimum limits ($30,000) in liability coverage.  Many of those victims do not have uninsured/underinsured motorist coverage on their own automobile insurance policy.  What does this mean?  Can the victim be compensated for his/her injuries and damages?

By SuperUser Account on 3/14/2015 7:57 AM

            Nurses attending a woman in labor in a hospital are employees of the hospital, and when labor and delivery nurse acts negligently and causes an injury to the unborn baby, the hospital is liable.

By SuperUser Account on 3/14/2015 7:55 AM

            An injury victim in an auto accident case cannot settle his or her claim against the negligent party’s insurance carrier without first making sure any subrogation interest is satisfied.  The insurance carrier for the negligent party will require that all subrogation liens be satisfied before any settlement.

By SuperUser Account on 11/19/2014 12:49 PM

            Some auto accident claimants get involved in a second auto accident while they are pursuing their claim for damages from the first auto accident.  How does the second auto accident impact and affect their claim?  What should they do?

By SuperUser Account on 10/14/2014 8:33 AM

            I achieved a recent multi-million dollar settlement on behalf of a baby who developed cerebral palsy due to negligence on the part of hospital labor nurses.  The mother went into labor and was admitted to a major hospital labor and delivery unit.  Labor was augmented with Pitocin.  Over the course of labor, there were numerous episodes of fetal distress and the labor nurse failed to respond appropriately.

By SuperUser Account on 10/14/2014 7:31 AM

            If you are injured in an auto accident due to the negligence of another driver, the chances are twenty percent that the negligent driver does not have liability insurance.  The State of Texas mandates that all drivers shall have liability insurance, but approximately twenty percent do not.  The amount mandated is only $30,000.  If the negligent driver does not have any liability insurance or only the minimum amount, the only way the injured victim will be compensated for his/her damages is through his/her own uninsured/underinsured motorist coverage.  In the cases that I see, it is common for the medical expenses of the victim to exceed $100,000, and then there is usually a subrogation lien held by the entity that paid the medical expenses.

By SuperUser Account on 9/2/2014 1:17 PM

            If you have been injured in an auto accident, take steps to protect your legal rights.  If you are seriously injured and incapacitated at the scene of the auto accident, there is not much you can do right then.  When you are able, start documenting what happened.  I recommend that you retained lawyer who is board certified in personal injury trial law as early as possible.  The insurance carrier for the party whose negligence caused the accident will most likely have a team of professionals working early to keep you from making a recover of your legal damages.

By SuperUser Account on 7/23/2014 2:01 PM

            Auto accidents are usually investigated by a police authority and a report is made.  EMS, fire departments, newspapers and television stations may also come to the scene of serious auto accidents and make reports.  All of those reports are important.  The victim is usually taken from the scene in an ambulance and must rely on reports of others to learn the facts.

By SuperUser Account on 6/7/2014 10:09 AM

            A recent car accident settlement illustrates many of the issues of pre-existing underlying medical conditions, inadequacy of available insurance, and negotiating reductions of subrogation liens, and why victims should always hire a lawyer who is board certified as a personal injury lawyer by the Texas Board of Legal Specialization.

            In every car accident case the claimant must prove that the other driver (defendant) was negligent, that the negligence caused an injury, that the injury produced damages, and that there is adequate insurance proceeds (third party liability and first party underinsured motorist coverage) available to pay the claimant’s damages.  

There are no fees unless we win - so don't hesitate to contact us about your case.

VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

Gross Amount Client Recovery Attorney Fee Expenses Nature
$13,650,000 $8,055,000 $5,460,000 $135,000     Product Liability, Apache Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358     Product Liability, Defective Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000     Premises Liability, Brain Injury, Water Park Slide (settlement)
$5,000,000 $3,662,224 $1,250,000 $87,775     Obstetrical negligence, cerebral palsy, Federal Tort Claim Act case (settlement)
$4,980,000 $2,437,000 $2,490,000 $53,000     Obstetrical Negligence, Fetal Asphyxia, Cerebral Palsy (settlement)
$4,300,000 $309,000 $138,000 $13,000     Pilot Error, Airplane Crash, Wrongful Death (jury verdict)
$3,850,000 $2,373,000 $1,425,000 $52,000     Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$3,500,000 $2,028,000 $1,400,000 $72,000     Product Liability, Design Defect, Spinal Cord Injury (settlement)
$3,235,000 $2,361,250 $808,750 $65,000     Brain Injury, Federal Tort Claim, FAA Negligence (verdict) affirmed on appeal
$3,000,000 $1,724,000 $1,200,000 $76,000     Neurosurgical Malpractice, Cauda Equina Syndrome (settlement)
$2,950,000 $1,731,000 $1,180,000 $39,000     Defective Design of Helicopter, Paralysis & Wrongful Death (settlement)
$2,900,000 $844,000 $694,000 $26,000     Auto Accident, Spinal Injury & Ankle Injury (jury verdict/settlement)
$2,800,000 $1,864,667 $924,333 $12,000     Premises Liability, Hotel Fire, Wrongful Death (settlement)
$2,500,000 $1,644,667 $833,333 $22,000     Product Liablity, Defective Farm Tractor, Arm Loss (settlement)
$2,500,000 $1,400,000 $1,000,000 $100,000     Product Liability -- crashworthiness - roof crush - spinal cord injury
$2,300,000 $1,399,000 $960,000 $41,000     Anesthesiologist Negligence, Brain Injury (settlement)
$2,300,000 $1,091,000 $920,000 $59,000     Product Liability, All Terrain Vehicle, Spinal Injury (settlement)
$2,200,000 $1,321,000 $733,333 $44,000     Cerebral Palsy, Obstetrical Malpractice, Preeclampsia (settlement)
$2,200,000 $1,267,000 $880,000 $53,000     Construction Negligence & Insurance Bad Faith, Spinal Injury(settlement)
$2,200,000 $1,191,000 $880,000 $129,000     Product liability, subdural hematoma (settlement)
$2,183,796 $1,426,334 $557,666 $163,796     Hospital Labor Nurse Negligence, Fetal Distress, Cerebral Palsy (settlement)
$2,000,000 $1,303,334 $666,666 $30,000     Anesthesia Malpractice, Esophageal Intubation, Wrongful Death (settlement)
$2,000,000 $1,106,887 $800,000 $93,111     Radiologist Negligence, Brain Catheterization, Stroke (settlement)
$2,000,000 $976,484 $976,482 $47,034     Obstetrician Malpractice, Forceps Delivery, Cerebral Palsy (settlement)
$2,000,000 $972,331 $972,669 $55,000     Obstetrical Malpractice, IUGR, Cerebral Palsy (settlement)
$1,900,000 $905,000 $950,000 $45,000     Clinic Failure to Supervise Impaired Physician, 4 Injured (settlement)
$1,900,000 $73,000     Pilot Error, Helicopter Crash, Wrongful Death (jury verdict-no insurance coverage)
$1,860,000 $978,518 $645,000 $137,480     Neurosurgeon Negligence, Infection, Cauda Equina Syndrome (settlement)
$1,700,000 $1,130,730 $565,363 $3,907     Product Liability, Defective Design, Burns (settlement)
$1,500,000 $847,000 $600,000 $53,000     Defective Aircraft Component, Military Aircraft, Wrongful Death (settlement)
$1,425,000 $900,310 $457,571 $67,119     Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$1,400,000 $848,221 $503,552 $51,227     Obstetrician Malpractice, Group B Strep Infection, Cerebral Palsy (settlement)
$1,400,000 $718,689 $560,000 $130,522     Neurosurgeon Negligence, Infection, Brain Injury (jury trial & settlement)
$1,400,000 $818,000 $560,000 $22,000     Auto Trucking Accident, Spinal Injury (settlement)
$1,350,000 $926,394 $370,835 $52,769     Wrongful death. Unnecessary hysterectomy (settlement)
$1,300,000 $718,689 $520,000 $26,000     Neonatal Nurse Negligence, Visual Impairment (settlement)
$1,300,000 $285,000 $250,000 $33,189     Emergency Room Negligence, Wrongful Death (jury verdict and settlement))
$1,237,000 $718,689 $400,000 $30,000     Cardiologist Negligence, Brain Injury (settlement)
$1,200,000 $659,879 $395,666 $144,455     Prolapsed umbilical cord, Labor Nurse Negligence (settlement)
$1,167,000 $594,086 $417,000 $72,513     Emergency Room Negligence, Heart Attack, Wrongful Death (settlement)
$1,150,000 $727,667 $383,333 $39,000     Obstetrician Negligence, Group B Strep, Cerebral Palsy (settlement)
$1,111,000 $594,933 $444,400 $71,623     Product Liability, Heart Stent, Heart Damage (settlement)
$1,100,000 $770,000 $440,000 $25,996     Radiologist Negligence, Failure to Diagnose Breast Cancer, Death (settlement)
$1,100,000 $639,000 $406,000 $54,000     Emergency Room negligence, wrongful death, heart attack
$1,100,000 $639,000 $406,000 $54,000     52 year old male presented to hospital emergency depart by ambulance suffering from aortic stenosis. He was cursorily evaluated and dismissed. He later died from the effects of the aortic stenosis
$1,060,000 $532,715 $478,991 $48,810     Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
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