Onstad Blog

May 30

Written by: Rock Onstad
5/30/2011 2:21 PM 

 

            Most automobile accident victims have never been to doctors who treat the type of injuries they now have. If injuries are serious, the victim usually goes to an emergency room in an ambulance and gets whatever medical treatment the hospital provides. Many such victims have soft tissue injuries and do not know whether to seek chiropractic care, care from a physical medicine specialist, orthopedist, family practice physician, or neurologist. Physical medicine specialists are the best trained and experienced in dealing with most non-surgical injuries, and they have much more credibility with insurance adjusters and juries than chiropractors and family medicine physicians.
 
            Who is going to pay for you medical bill? Most victims will have a combination of payment options. If the victim has medical pay or personal injury protection on their own automobile policy, that is option number 1. Next, use any available health insurance. If one has no health insurance, there could be Medicaid, Medicare, veteran’s benefits, and other options. Virtually any entity that pays your medical bills will get repaid out of your settlement due to the legal doctrine of subrogation.
 
            If you have your own automobile insurance policy, I recommend you use your “Collision” coverage to get your car repaired or replaced. Your insurance carrier will get the insurance carrier for the negligent party to pay it back. Property damage is simple: you get the lowest amount of (1) cost to repair your car or (2) your car’s fair market value at the time of the wreck.
 
            How much a case is worth? That meas how much money are you likely to get from a settlement. It depends on many things. Assuming it is clear that the other driver is at fault, that the automobile accident caused an injury, and assuming further that the injury causes you damages, the next factor to look at is how much insurance coverage did the negligent driver have, and how much under-insured motorist coverage do you have. If your damages are $200,000 and there is only a total of $100,000 in available insurance, that insurance limit will limit a recovery. No one can accurately predict the value of your claim at the outset. The value will depend on the seriousness of your injuries, whether your injuries cause permanent impairment, loss of earning capacity, and need for future medical treatment. Valuation cannot be done until you have reached you maximum medical improvement and your doctors rate your impairment and future needs.
 
            If insurance companies were fair, you would not need a lawyer. However, Insurance companies are always trying to find an excuse to deny your claim or low-ball you. The insurance companies are staffed with experienced adjusters and lawyers who are experts in the field. You can retain a lawyer who is board-certified by the Texas Board of Legal Specialization in Personal Injury Trial Law, who has proven experience in winning lawsuits in the courtroom for the same contingent fee amount as a lawyer who is not board certified and who has never tried a lawsuit and won a jury verdict. Most victims do much better by retaining the board certified lawyer with a proven track record of winning jury verdicts.

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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, Military Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358 Product Liability, Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000 Premises Liability, Brain Injury, Water Park Slide (settlement)
$4,980,000 $2,437,000 $2,490,000 $53,000 Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$4,300,000 $309,000 $138,000 $13,000 Pilot Negligence, 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, Defective Pick-Up, 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 Neurosurgeon 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)
$2,300,000 $1,399,000 $960,000 $41,000 Medical Malpractice, Anesthesia, Brain Injury (settlement)
$2,300,000 $1,091,000 $920,000 $59,000 Product Liability, All Terrain Vehicle, Spinal Cord Injury (settlement)
$2,200,000 $1,321,000 $733,333 $44,000 Cerebral Palsy, Medical 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
$2,100,000 $1,462,334 $557,666 $80,000 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 Malpractice, Brain Catheterization, Brain Injury (settlement)
$2,000,000 $976,484 $976,482 $47,034 Obstetrician Malpractice, Forceps Delivery, Brain Injury (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 Malpractice, Infection, Cauda Equina Syndrome (settlement)
$1,700,000 $1,130,730 $565,363 $3,907 Product Liability, Defective Refueling Coupling, 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 Malpractice, Infection, Brain Injury (jury trial & settlement)
$1,400,000 $818,000 $560,000 $22,000 Auto Trucking Accident, Spinal Injury (settlement)
$1,300,000 $718,689 $520,000 $26,000 Hospital Newborn Nursing Negligence, Visual Impairment (settlement)
$1,300,000 $285,000 $250,000 $33,189 Emergency Room Malpractice, Wrongful Death (jury verdict and settlement))
$1,237,000 $718,689 $400,000 $30,000 Cardiologist Malpractice, Brain Injury (settlement)
$1,200,000 $659,879 $395,666 $144,455 Prolapsed umbilical cord, Hospital Obstetrics Negligence
$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 Malpractice, 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 Malpractice, Failure to Diagnose Breast Cancer, Death (settlement)
$1,060,000 $532,715 $478,991 $48,810 Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
$1,000,000 $630,000 $333,000 $36,000 Defective Military Aircraft, Manufacturing Defect, Wrongful Death (settlement)
$1,000,000 $566,116 $400,000 $33,884 Surgeon Malpractice, Bile Duct Injury, Wrongful Death (settlement)
$1,000,000 $477,500 $477,500 $45,000 Surgeon Malpractice, Bariatric Surgery, Wrongful Death (settlement)
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