Mr. Demas and Mr. Loncarich recently resolved a case for Mr. B in connection with severe spine injuries he sustained after he was bitten and knocked to the ground by the defendant’s dog. Shortly after the attack, Mr. B’s doctors obtained x-rays and an MRI, which confirmed that he had sustained a fractured vertebrae in his lower back.
Mr. B’s condition remained stable for over a year and a half, and he was able to manage his pain with non-invasive injections. However, his doctor’s warned that if the fracture failed to heal properly and if the damage began to compromise the surrounding discs and nerves, then he would need surgery. His condition progressively became worse, and he eventually underwent a procedure in which the broken bone in his back was inflated with a balloon, then a special cement was injected into the space and allowed to harden, stabilizing his spine but leaving him with chronic pain.
The defense attacked this case in several different ways. First, they blamed Mr. B for attempting to run from the charging dog. Then, they denied the significance of Mr. B’s injury and questioned whether he really needed the surgery. Once it became clear that surgery was imminent, they hired a high-priced expert witness to argue that the cost of the surgery was too expensive and should have been done for a fraction of the amount charged by Mr. B’s doctors.
The defendant, in this case, carried a $300,000.00 policy of insurance. As Mr. B’s condition worsened, Mr. Demas and his team repeatedly issued demands to the insurance company to pay this amount to settle Mr. B’s case, providing evidence documenting the seriousness of Mr. B’s injury and need for future treatment. Time after time, the insurance company refused to pay, choosing instead to hire two expensive defense doctors they hoped would testify against Mr. B at trial.
As the case approached trial, Mr. Demas worked with Mr. B’s treating doctors to establish Mr. B’s future care needs for trial. In the final days before trial, the insurance company relented and offered the $300,000.00 policy limits, hoping to avoid facing a jury. However, Mr. Demas and his team argued that the insurance company had failed their insureds by exposing them to a significant trial verdict and demanded that the insurance company pay additional money out of their own pocket to settle this case once and for all. After intense negotiations, the insurance company realized their mistake and agreed to pay $600,000.00, double the amount of the available insurance policy limits and significantly increasing Mr. B’s recovery.
