Onstad Blog

Jan 16

Written by: Rock Onstad
1/16/2012 7:53 AM 

 

            Most victims do much better by retaining a board certified personal injury attorney immediately. The insurance companies for the negligent parties have staffs of claims adjusters and attorneys who immediately begin investigating, and their goal is to find evidence to defeat your claim or to pay you as little as possible. The victim’s life may be turned upside down, but for the insurance company, it is just business as usual.
 
            These are the steps that you can consider to be taken as soon as possible, either by you, or by the attorney you retain:
 
Get the following:
 
·         police accident report.
·         photographs of the damage to the cars, especially yours.
·         photographs of injuries that are visible.
·         an estimate on the damage to your car.
·         photographs of the scene.
·         the name, address, and phone number of any witnesses.
·         all medical records from each healthcare provider who treated your injuries.
·         all billing records from each healthcare provider who treated your injuries.
·         all diagnostic imaging that depicts injuries.
·         copy of the declarations page for your own insurance policy.
·         information about any liens or subrogation on your recovery.
·         data on the responsible parties (MVR, criminal history, employer).
·         comprehensive medical report from treating physician at MMI.
 
And then:
 
·         put the responsible parties on notice of your claim.
·         put your UIM insurance carrier on notice of a possible claim.
 
 
            Most likely, you will not be able to settle the bodily injury part of your case for a fair and just amount until you have all the above data, and present it to the insurance companies with a reasonable offer of settlement. You may be dealing with an insurance company that is notorious for being unfair. If that is the case, you may need to decide whether to immediately file a lawsuit, as opposed to concluding the claim without a lawsuit.
 
            You must account for any subrogation and liens against your claim because it is very unlikely that any Insurance company will settle with you until any entity with subrogation or a lien on your recovery is accounted for. Dealing with subrogation can be very burdensome and difficult.

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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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