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Onstad Blog

5/12/2013 7:39 AM

May 12

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5/12/2013 7:39 AM  RssIcon

             Several considerations are at work at this time.  How much insurance does the defendant have?  Minimum limits ($30,000), nor more, or no insurance.  Are the claimant’s damages greatly in excess of $30,000, or the defendant’s maximum limits?  Does the claimant also have uninsured/underinsured motorist (UIM) coverage on his/her own automobile insurance policy?  And lastly, what is the amount of any subrogation claim and how much can it be reduced.

 

            If the defendant has minimum limits ($30,000) and the claimant has $50,000 in damages, the claimant should expect to be paid the defendant’s $30,000 promptly.  If the claimant has UIM, the claimant will have to get permission from the UIM carrier to settle.  The claimant will also make a claim against his/her UIM coverage.

 

            Before the defendant’s insurance carrier will settle, no matter what the amount, any subrogation interests must be accounted for and satisfied.  The claimant’s lawyer will negotiate with the party holding the subrogation rights to get the subrogee to accept a lesser amount.  Subrogation exists when the claimant’s medical expenses were paid for by an insurance company, Medicare, Medicaid, or a hospital lien exists.  Subrogation laws allow the subrogee to get what ever amount it paid out any settlement proceeds the claimant gets from the defendant’s insurance company.

 

            In most situations the claimants UIM coverage goes one hundred percent to the claimant, with no amount having to be paid to the subrogee.

 

            Lastly, if a fair and reasonable settlement cannot be concluded, then the claimant can file a lawsuit and let a jury decide fault and damages.  Some insurance companies are so unfair, that as soon as I learn who the defendant’s insurance company is, I file suit immediately because I know I cannot get a fair settlement otherwise.

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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, 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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