The way our legal system works, you only have one shot to get what you are owed; there are no mulligans or do-overs. That is why it is so important for people with serious injuries to choose a firm with proven results.
While the majority of the cases we handle end with a settlement, we prepare each and every case as if it were going to trial, and it shows in the results we obtain for our clients.
As the summaries below illustrate, when we tell insurance companies that we will fight for our clients in Court if we can’t reach a fair settlement, they know we mean it.
Settlements and judgments vary widely from case to case and are dependent upon the unique facts of each case. Please keep in mind that each of the cases below involved hundreds of pages of records and the short summary describing the case should not be used to gauge how much you can reasonably expect to receive for your injury.
Recent Awards and Settlements
James T. v Crete Carrier Corp
Jim was injured when his tractor and empty trailer were blown over while driving through Illinois. Crete alleged that Jim merely suffered temporary exacerbations of pre-existing conditions in his head, neck, back, right hip, and both knees. We tried the case and the judge found in Jim’s favor, ordering Crete to pay past due weekly checks, past and future medical expenses including bilateral knee surgeries, right hip surgery, injections for his low back, neck surgery, and treatment for headaches and vision due to a head injury.
Robert M. v D & W Fine Pack, LLC
Bob suffered a knee injury that was initially treated with arthroscopic surgery. When that failed to alleviate his pain the doctors performed a total knee replacement and the insurer eventually agreed to pay $33,000 in addition to all of the weekly checks and medical expenses that had already been paid.
Robert R. v Drivers Management
Settlement of $190,700. Pennsylvania truck driver was injured when his tractor trailer left the interstate and crashed into trees. Bob had a severe fracture of his left femur and during recovery post-surgery acquired an MRSA infection which delayed healing and caused a septic arthritis of his left knee. He used a walker and cane for months after his leg surgeries. His gait imbalance aggravated pre-existing degenerative disc disease in his back. He could not return to work as a truck driver due to his restrictions.
Patrick J. v Douglas County
Award after trial. Pat is a retired Omaha police officer who returned to work as a courthouse security officer. He slipped and jerked his arms back to maintain his balance while descending steps in the courthouse. He had previously received injections in his left shoulder. An MRI after the work accident demonstrated multiple ligament tears in the shoulder. The County denied payment for weekly indemnity benefits and medical expenses. The trial judge ordered the county to pay past due temporary total disability checks, past medical expenses, permanent disability, and future medical expenses.
Georgann A. v Drivers Management, Inc.
Settlement of $168,349. Georgann (from Georgia, of course) was a team driver with her husband and injured her shoulder cranking down a trailer. Her injury was initially diagnosed as a rotator cuff tear but she also complained of neck pain. The orthopedic surgeon believed her neck symptoms were radiating from her shoulder but prescribed physical therapy for both the shoulder and neck. After two rotator cuff repairs, the neck pain persisted and she was evaluated by a neurosurgeon who indicated pre-existing degenerative disc disease was aggravated by the original accident. No surgery was recommended. Prior to final settlement, Drivers Management also paid $6,952 for underpayment of weekly benefits.
Randy J v Sid Dillon Fremont, Inc.
Award after trial. Randy had a slip and partial fall at work which caused increasing low back pain that radiated into his legs. He reported the incident the same day to his employer. The following day he saw a chiropractor and described increasing back, groin, and leg symptoms. Within several days the symptoms worsened, he used crutches to walk, was referred to an orthopedic spine surgeon, and underwent an emergency fusion procedure due to concerns of possible spinal cord injuries. When the spine surgeon recommended further surgery, the insurance carrier refused authorization and discontinued payment of weekly benefits. The trial judge ordered payment of past due weekly indemnity, unpaid medical expenses, future weekly benefits, and future medical care.
Janet J. v Drivers Management, Inc.
Settlement of $178,000. Janet had previously received an Award after trial which provided for a knee replacement surgery. Due to delay for the knee replacement surgery and the temporary inability to fully weight bear on her knee after the surgery, she developed a limp which caused symptoms in her opposite knee. Janet could not return to work as a driver due to the symptoms in both knees. Prior to the settlement, Drivers Management also paid Jan $17,400 for unpaid weekly benefits.
Luis S. v Omaha Steel Castings
Settlement of $217,000. Luis was injured when a 480 pound casting fell and caused multiple fractures in his foot. After surgery he developed chronic regional pain syndrome (CRPS). Unable to fully weight bear on his foot, he developed a limp which caused low back symptoms. Luis was not able to return to work at Omaha Steel.
$150,000 personal injury settlement resulting from a wrist injury sustained in a motor vehicle accident.
$80,000 personal injury settlement resulting from a neck injury sustained in a motor vehicle accident.
Luis S. v Tyson Fresh Meats, Inc.
Award after trial
Luis suffered a fractured left ankle and fibula when he was struck by a forklift. Due to a long delay before surgery for his fractured fibula, he developed a limp and “gait disturbance” which aggravated a pre-existing lumbar condition. Tyson denied liability for the low back injury and refused to authorize surgery. The trial judge awarded past due weekly benefits while Luis recovers from a lumbar fusion.
Cedric Y. v Westward Hospitality
After initially winning at trial back in April of 2013, a further hearing was had regarding ongoing medical care for Cedric’s ankle injury. After the insurer was ordered to pay for additional medical care, this case settled for $70,000 in addition to everything that had been paid up to that point.
Tamara J. v Drivers Management, Inc.
$35,000 work comp settlement resulting from shoulder and neck injuries sustained when her truck was hit by another vehicle.
Russ B. v Drivers Management, Inc.
Russ injured his knee when he fell off the steps of his truck. After originally denying the claim, Werner ended up paying for knee surgery and physical therapy, weekly checks while Russ was off of work, and an additional $18,000 to settle the case.
Timothy C. v Drivers Management, Inc.
$256,875 work comp settlement resulting from shoulder, neck, and back injuries sustained when his truck was hit by another vehicle
Brent F. v Crete Carrier Corp
Brent injured his back when he slipped while stepping down from his tractor. His injury required a discectomy. Prior to the final settlement amount, Crete also paid Brent $7,100 for underpayment of past weekly benefits. He was not able to return to work as a driver but obtained new employment in his home state of Idaho.
Edgar M. v Crete Carrier Corp
$49,500 plus payment of $5,000 MSA in work comp settlement resulting from shoulder and knee injuries sustained in a slip and fall accident.
$40,000 work comp settlement plus $10,000 ADA settlement resulting from a leg injury sustained in a slip and fall.
Helmut G. v Shaffer Trucking, Inc.
$240,000 settlement. Helmut injured his low back while working for Shaffer, the refrigerated division of Crete Carrier. This settlement was in addition to the $125,000 in weekly benefits and $143,000 paid in medical.
William J. v Drivers Management, Inc.
$200,000 settlement. Bill hurt his neck, shoulder, and chest when his truck left the road and smashed into some trees. While he escaped the ensuing fire, he suffered permanent injuries that prevented him from returning to work as a truck driver. This settlement was in addition to the $76,000 in weekly benefits and $41,000 in medical already paid.
William P. v Drivers Management, Inc.
$140,000 plus payment of a $28,752 MSA in a work comp settlement resulting from a back injury sustained when he was lifting a rolltainer from the trailer.
Larry S. v Drivers Management, Inc.
$90,000 work comp settlement resulting from a head injury sustained in a fall from his truck.
Allen S. v Kryger Glass Company
Al suffered a low back injury loading automotive windshields onto a truck. His employers terminated him and refused to pay continuing weekly benefits. An Omaha spine surgeon recommended a lumbar fusion which the employer and insurer refused to authorize. After trial, the Court awarded past due weekly benefits back to his date of termination, ordered the company to pay for the necessary surgery and all necessary future medical care and assessed a 50% penalty and attorney’s fee after finding there was no reasonable controversy regarding liability for plaintiff’s claim.
Janet J. v Drivers’ Management, LLC
Janet suffered a knee injury while unloading freight at a Family Dollar Store. The Court ordered payment of past due weekly benefits and future medical care including knee replacement surgery in November of 2014. Jan will receive weekly checks while she remains off work work in 2014 and 2015 and additional payments for the impairment to her leg.
Jesus S. v SKO Group Holdings dba Shopko
Jesus injured his shoulder and neck while unloading freight in a distribution center. He underwent a shoulder replacement surgery. The Court awarded unpaid past due benefits and future medical care for his shoulder and neck. Entitlement to future payments will be determined when he completes his medical evaluation and treatment.
James B. v United Parcel Service
Jim injured his low back in 2005 while making a delivery in Columbus, Nebraska. Settlement pending litigation for $319,000 plus payment of $47,775 in past medical expenses plus an annuity for future medical expenses.
Roger C. v Drivers’ Management, Inc
Roger injured his knee while trying to run away from a skunk while dropping off a trailer in Canada for his Nebraska employer. His claim settled for $55,000 pending litigation.
Confidential Settlement- A woman was injured in a car accident while working for a Nebraska employer. The combined settlement was in excess of $1,000,000.
Settlement- $95,000 recovered in a Nebraska workers’ compensation case for a truck driver who sustained a back injury.
Ruperto R. v Scott Enterprises, Inc
Ruperto suffered an ankle injury which required surgery and later developed chronic regional pain syndrome (CRPS) which affected his entire leg and caused a gait imbalance. He could not return to work as a roofer. After trial the Court determined he experienced a 90% loss of earning power, ordered payment for a spinal cord stimulator, $37,000 in unpaid medical expenses, as well as future medical care and vocational training.
Mary R. v Sunrise Express, Inc.
Mary was injured when the tractor-trailer she was in was rear ended by another truck driver. Her Nebraska workers’ compensation claim settled for $60,000. Her claim against the truck driver that rear ended her is still pending.
Victoria M. v Crete Carrier Corporation
Victoria was injured when her truck unexpectedly engaged its brakes multiple times over a month due to a malfunctioning collision avoidance sensor. She suffered a neck injury with resulting depression. We won this case at the trial level and settled it for $290,000 plus additional money for future medical care while the case was on appeal.
Steve S. v Asplundh Tree Expert Co
Steve was injured when he fell, injuring his shoulder and neck. Though a national company, his workers’ compensation claim was in Nebraska. His case settled for $105,000 pending litigation.
James C. v Hy-Vee Foods
Nebraska Workers’ Compensation Court award obtained in the amount of $84,400 for a work related left knee injury. Because the claim was denied, James missed months of work.
Ralph W. v M-C Industries, Inc.
Ralph injured his low back while unloading pallets. Settlement pending litigation in the amount of $50,000 plus medical expenses paid in the amount of $18,869.
Norman K. v Ribbonweld, LLC
Norman suffered a severe eye injury and vision loss when a grinder wheel disintegrated, throwing shrapnel into his face. Settlement pending litigation of $80,000 plus medical expenses of $50,860.
Jay P. v Jones Manufacturing, Inc.
Client injured his low back while lifting a steel plate. An orthopedic spine surgeon recommended low back surgery but indicated the patient should have a bariatric surgery for significant permanent weight loss, which the insurer denied. The Nebraska Workers’ Compensation Court ordered the insurer to pay for the bariatric procedure to enable the employee to become a candidate for back surgery and to pay for past medical expenses. The client will have back surgery after recovery from the bariatric procedure.
Jay S. v Garage Door Services, Inc.
$65,000 settlement in a Nebraska workers’ compensation case involving a worker who was walking into work, fell and broke his ankle, and developed complications.
Troy B. v Hirschbach Motor Lines
Troy injured his back when he slipped and fell while dropping off a trailer in Minnesota for his Nebraska employer. Although he had previously had a back surgery, this fall caused his back to become very painful and required additional medical care. The judge awarded weekly checks while he was off of work and also awarded a penalty and attorney’s fee for the employer not paying his weekly checks at the correct rate.
Cheryl C. v Cabela’s
Cheryl injured her back lifting a box of business records. The Nebraska Workers’ Compensation Court ordered Cheryl’s past medical expenses paid and ordered her employer to pay for her future medical care, including a back surgery. She is entitled to weekly checks while she is recovering from surgery and will be owed additional money for any permanent loss of earning power due to her back injury.
Settlement- $185,000 in a Nebraska workers’ compensation case involving a construction worker who fell and injured his shoulder.
Settlement- $51,000 plus medical expenses for a painter who injured his low back when he fell from a ladder.
Settlement- $100,000 underinsured motorist policy limit settlement on behalf of client struck by a negligent driver with inadequate liability coverage.
Settlement- $150,000 in a Nebraska workers’ compensation case involving a construction worker who was hit by a car while setting our barricades. The personal injury claim against the driver of the car is still pending.
Jesse D. v Drivers Management
Truck driver injured his leg while adjusting the tandem on his trailer. The Nebraska Workers’ Compensation Court ordered payment for all medical expenses and for the permanent injury to leg.
Settlement- $212,785 in a slip and fall personal injury and Nebraska workers’ compensation case involving a construction worker who injured his shoulder.
Terri F. v Douglas County School District 1
In addition to being ordered to pay for Terri’s future medical care related to her on the job knee injury, the Judge ordered the defendant to pay $4,327.95 as a penalty for their late payment of benefits and an additional $1,500 attorney fee. This case illustrates that insurers need to pay benefits on time or face financial penalties.
Settlement- $55,000 plus all medical bills paid on a Nebraska workers’ compensation case involving a back injury for a truck driver injured while trying to change a tire.
Eric B. v Crete Carrier Corporation
Eric suffered a low back injury after losing control of his tractor trailer on the interstate and ending up in a field. The Judge awarded Eric money for the permanent back injury he sustained in the accident and the resulting inability to return to work as a truck driver. Eric was also awarded vocational rehabilitation benefits so he can return to school to start a new career in a less physically demanding job.
Settlement- $209,500 plus medical expenses for a naturalized but non-English speaking laborer who injured his low back and arm when he fell while repairing a conveyor belt in a salvage yard.
Victoria M. v Crete Carrier Corporation
Victoria was injured when her truck’s collision sensor repreatedly caused the brakes on her truck to engage for no reason, causing a whiplash type injury to her neck. Due to the severity of her neck pain and resulting inability to work, the Judge awarded Victoria weekly workers’ compensation checks for the rest of her life, as well as all future medical care reasonable and necessary for her neck injury. The Judge also awarded an attorney’s fee for Defendant’s failure to timely pay some of Victoria’s medical bills.
Settlement- $95,000 plus all medical bills paid on a Nebraska workers’ compensation claim involving a truck driver who fell off of the stairs of his truck, severely injuring his knee.
Settlement- $120,000 in a Nebraska workers’ compensation case involving a sheriff’s deputy who injured her shoulder during a training exercise.
Cedric Y. v Westward Hospitality
Cedric slipped and fell while working as the executive chef at an Omaha, Nebraska hotel, injuring his ankle. For a number of arguably superficial reasons, including because he had a prior injury to that ankle, the insurer denied his workers’ compensation claim, leaving Cedric out of work for nearly a year without medical treatment. The Judge not only ordered the insurer to pay for treatment and for all of the time Cedric was off of work, he ordered them to pay over $16,000 as a penalty for their unreasonable denial of benefits, and awarded $15,000 in attorney’s fees for their failure to timely pay an outstanding medical bill. We believe this is the highest attorney fee awarded in this type of case in the Nebraska Workers’ Compensation Court.
Settlement- $260,000 plus all medical bills paid in a slip and fall personal injury and workers’ compensation case involving a truck driver.
Settlement- $30,000 plus all medical expenses paid for a construction worker who fell into an open stairwell on a job site, suffering a low back injury.
Jim C v Crete Carrier Corporation
For reasons unknown, Jim lost control of his tractor-trailer and laid it over on its side. Jim suffered a concussion and low back injury. Crete disputed that Jim suffered any permanent injury, but the Nebraska Workers’ Compensation Court ruled otherwise. Jim was awarded money for the permanent injury he suffered in the accident and his resulting inability to return to work as a truck driver. He was also awarded vocational rehabilitation so he can receive training or schooling to pursue a new career.
Tom S. v Douglas County, Nebraska
Tom was a law enforcement officer in Omaha, Nebraska who aggravated a pre-existing cervical condition while participating in defensive tactics training. The Nebraska Workers’ Compensation Court entered an Award for his future medical care as well as his permanent loss of earning power after he could not continue his employment as a deputy.
Settlement- $229,000 plus all medical bills paid in a motor vehicle accident that was both a Nebraska workers’ compensation claim and personal injury case involving a truck driver.
John D. v DDF, Inc
John lost control of his delivery truck on a gravel road and the truck went into the ditch, rolling several times. The Nebraska Workers’ Compensation Court ordered the defendant to pay the outstanding medical bills and weekly checks for the time John was off of work and treating with doctors. This case is a good illustration that fault is usually not an impediment to recovering benefits for an injury that takes place at work.
Settlement- $120,000 in a Nebraska workers’ compensation case involving a truck driver.
Settlement- $45,000 plus all medical expenses paid for a LPN who slipped and fell while on break and suffered a neck injury.
Settlement- $120,000 plus all medical bills paid in a Nebraska workers’ compensation case involving a truck driver.