A Tennessee husband and father of two suffered serious injuries on a construction job. The 45-year-old man is now on a cane with a lifetime of future medical care ahead. And of course, he will never work again. The 1.8 million dollar settlement was paid on behalf of the company whose employee’s careless handling of equipment on a scaffold resulted in the tragedy.
David Gordon, the attorney for the injured worker, said “This was an especially gratifying settlement because our client and his wife have been so positive throughout the ordeal. Despite his terrible injuries, both of them remained upbeat and optimistic. It is a special joy to help folks like that.”
Ms. P was unloading an airplane as part of her duties for Federal Express. As the loads were coming down the conveyor and into the tug, one of them left the track and crashed into Ms. P’s knees, pinning her against a tug behind her. Over the next four years, Ms. P would have surgery on both knees and would ultimately be terminated because of so much time missed from her job. When Federal Express offered Ms. P a modest amount for her permanent injuries, she came to David E. Gordon for help.
By the time of trial, Federal Express had determined that Ms. P was 40% disabled and offered her more than twice what they had offered before. But David E. Gordon knew they were wrong and refused their offer. Following a two day trial, the judge ruled that Ms. P was 90% disabled from her injuries and ordered Federal Express to pay five times what they had offered Ms. P before she called David Gordon. The judge had heard the testimony of a vocational rehabilitation expert who explained that Ms. P was not able to work in 90% of the jobs for which she was trained, and the testimony of her treating physician. Ms. P’s determination and courage to stand up against the biggest employer in this city had been rewarded.
Eighty-five year old Mrs. L had never sued anyone before. But when Allstate Insurance Company would not pay her properly for her severe injuries, she had no other choice. Ms. L was on her way to pick up her daughter at the airport when an 18-year old came flying down Winchester and into the rear of her car. Ms. L was knocked over the front seat and into the back seat when the impact snapped her seat belt. She was transported by ambulance and treated for a concussion, as well as substantial bruising and muscle injury throughout her body.
By the time of trial, Allstate offered only a few thousand dollars more than her medical bills, which we rejected. It was Allstate’s contention that Ms. L’s physical complaints were the natural result of aging and not the fault of their driver. But as one of Ms. L’s friends testified, the crash “took the starch out of her.” After three days of trial, the 12-member jury agreed and awarded Ms. L more than three times what she had been offered for her medical bills, pain and suffering, and loss of enjoyment of life. It took courage for a woman like Ms. L to stand up against a major insurance company, and David’s office was pleased to see her bravery rewarded.
Ms. D was walking to the door of a convenience store when a pickup truck backed up suddenly into her chest. She screamed, but he kept coming. With multiple injuries, including a broken leg that required surgery, Ms. D spent a week in the hospital. Rehabilitation lasted months, including home health care and a walker for mobility. David Gordon was able to settle the claim for the policy limits without filing a lawsuit.
Charlie was proceeding straight on Highway 64 when an uninsured driver made a left turn in front of him, causing Charlie to strike his vehicle. Charlie’s wife Rose was a passenger in his car and she was seriously injured in the crash. Charlie’s insurance company refused to pay Charlie or his wife because they contended that the accident was 50% Charlie’s fault. Despite Rose’s medical expenses of more than $100,000, the company would not pay until Charlie and Rose hired David E. Gordon. After the deposition of all witnesses to the accident, including Charlie and Rose, David was able to get compensation for both Charlie and Rose.
Mr. A suffered a herniated disc in his low back while working for a retail tire company. Though he lost the job as a result of his injury, the workers compensation insurance company had offered him a paltry amount when he called David E. Gordon. David first changed the claim to a Tennessee claim, as opposed to Mississippi, because the benefits are better in TN. Ultimately, he was able to persuade the insurer to pay to Mr. A almost 30 times what he had been offered before.
Ms. B was traveling through a green light when another driver turned into her path. The crash was horrific. Despite surgical procedures and injections, she suffered varying degrees of pain in her back that kept her from household chores, yard work, shopping, and regular exercise. Her social life also suffered greatly because it was so painful to get ready to go out and actually do something. She was unable to play with her grandson, walk long distances, or sit for long periods of time. The insurance company argued that Ms. B had a pre-existing back condition that was responsible for her pain, not the accident that was the fault of their insured. David Gordon was able to resolve the case for a very large sum in mediation.
Twenty-one year old Richard was a passenger in a dump truck on Highway 138 in Hardeman County when a driver entering the highway from a side road crashed into the side of the truck, causing Richard’s driver to lose control, leave the roadway, and slam into the bottom of a ravine. Richard was dead before the paramedics arrived. His wife and small child came to our office for help. Taking into account Richard’s lost earning capacity, his wife’s lost companionship, affection, and protection, and his daughter’s lost love and guidance of a father, David Gordon was able to negotiate a large settlement on their behalf without ever filing a lawsuit.
Twenty-one year old Jasmine had to be extricated from her vehicle by the Memphis Fire Department and then transported by ambulance to the Regional Medical Center. She had lost consciousness following the accident with a driver who ran a red light. Upon her arrival at the hospital, Jasmine was examined and reported pain in her back, neck, hip, and jaw with multiple abrasions. Jasmine was diagnosed with jaw fractures on both sides of her mouth and her mouth was wired shut for seven weeks following surgery. David Gordon negotiated a “policy limit” settlement for her.
Jonathan was trimming trees for about $700 a week when an accident brought his world crashing down. A chain saw ripped the tendons on his right hand, requiring surgery, and leaving him unable to work. His employer’s workers compensation insurance paid him two-thirds of his wages until the doctor released him back to work. But the tree surgeon job was no longer available and he could not handle a chain saw with the same ease as before.
What money was Jonathan entitled to for the permanent injury he had suffered? Jonathan’s surgeon, who had been chosen by the insurance company, said Jonathan had no disability and assigned an impairment rating of 0%. So the insurance company refused to pay Jonathan anything for the difficulty he would experience for the rest of his life!
David E. Gordon sent Jonathan for evaluation by another doctor, a doctor who specializes in impairment evaluation and who is fair to injured workers. He concluded that Jonathan had suffered 10% impairment to his arm. With the opinion of our expert behind David, he was was able to negotiate a large settlement for Jonathan.