This was an ongoing traumatic brain injury, 24-hour attendant care case. Plaintiff susptained a traumatic brain injury in an accident that occurred when he was 5 years old. The auto no-fault insurer sought to negotiate a total buyout of plaintiff’s benefits, including monthly payment of lifetime benefits that are consistent with the existing payments.
Raises for plaintiff’s anticipated medical needs as well as for plaintiff’s service providers will occur each and every year for the remainder of his life. The payments will in crease each and every year pursuant to a payment schedule. The escalating benefits are guaranteed for the life of the plaintiff.
Plaintiff sought wage loss, medical bills – $63,974.
On Feb. 20, 2011, plaintiff Nichelle Cooper was involved in an auto accident, which resulted in a back injury requiring surgery. Plaintiff, a young single mother, did not have pre-existing back issues and sought third-party overdue benefits damages from defendant State Farm Mutial Automobile Insurance Co.
Defendant argued that plaintiff’s treatment for the back injury was not related to the auto accident.
Plaintiff’s counsel narrowed the issues to be decided by the jury to wage loss, medical bills and interest.
A Macomb County jury determined that plaintiff was injured in the accident and awarded $14,467.44 in allowable expenses; $36,532.32 in wage loss; and $12,974.33 in interest for overdue benefits.
Plaintiff brought a motion for attorney’s fess and costs. The matter then settled for $120,000.
This was a case of somewhat disputed liability and a plaintiff who, at age 55, had no pre-existing medical conditions. Both parties had rejected the case evaluation award of $80,000.
Plaintiff and defendant were both collectible. Therefore, plaintiff’s counsel offered defendant’s adjuster a 0/100 (policy limits) high/low. Defendant’s adjuster would only agree if plaintiff would stiuplate to $17,500 in sanctions against plaintiff.
Plaintiff’s counsel again contacted the handling adjuster and asked to consider a 0/100 high/low bilateral waiver of sanctions. The adjuster emphatically rejected the proposal and the case proceeded to trial.
The jury awarded $588,000 but found plaintiff 40 percent comparatively negligent. The case was settled prior to appeal.
David C. Femminineo, counsel for plaintiff, provided case information.
Macomb attorney David Femminineo is featured in Michigan Lawyers Weekly for settling his client’s auto negligence suit, garnering his client compensation in the amount of $315,000.The plaintiff in this Michigan auto negligence case – a passenger in the vehicle that was struck – suffered various traumatic injuries after being violently rear-ended by an ambulance. Mr. Femminineo used detailed accident reconstruction to successfully settle this auto negligence suit.
David Femminineo took on the case of motorcyclist Jamie Sheldon, anticipating a cut-and-dried recovery of first- and third-party benefits for the plaintiff. The motorcycle coverage stipulations in no-fault law would work in Sheldon’s favor but, alas, this case become more complicated as one dark layer after another was revealed.
This fascinating feature article in Michigan Lawyers Weekly tells the story of a case that involved two intoxicated drivers, a suspended license, stolen bike parts, and questions about that motorcycle’s title and who exactly laid claim to it. The plaintiff’s alternative appearance and membership in a motorcycle gang didn’t exactly work in his favor, but Mr. Femminineo triumphed in this case by facilitating a $300,000 settlement for Sheldon who, despite his outlaw biker appearance, is a really nice guy. Don’t miss this article about a case with a plot good enough for any Hollywood blockbuster, and an experienced Michigan personal injury lawyer ready to fight for the underdog.
While stationary at a stop light in Macomb County, the plaintiff was rear-ended by a gravel hauler, resulting in three surgical procedures, post-laminectomy syndrome, failed back syndrome, and a permanent disability rating. At the time of the accident, the plaintiff was a 42-year-old mother of two who intended to return to the work force once her children entered high school. By working with an economist, Mr. Femminineo – featured in Michigan Lawyers Weekly – was able to prove significant and reasonable future economic loss given the plaintiff’s young age, leading to a $900,000 settlement for the plaintiff.
Plaintiff Dan Bailey was involved in a deer-versus-automobile accident from which he suffered severe fractures, ultimately resulting in the amputation of one leg. Communications between the plaintiff, who is deaf, and his insurance company became strained. Finally, 11 years after the accident, Bailey sought the assistance of Michigan personal injury attorney David C. Femminineo in collecting overdue benefits from his insurance company. Mr. Femminineo is featured in Michigan Lawyers Weekly for securing his plaintiff a settlement of $450,000, with $325,000 reserved for home modifications and $125,000 for attendant care.
After being rear ended, the plaintif in this case suffered a traumatic brain injury and herniated discs in her neck. Surgeries, injections, and numerous treatments for pain and suffering resulted in serious depression and anxiety issues that required her to be confined to a mental hospital. The nature of the plaintiff’s injuries left her scarred and incapable of maintaining employment. Declared disabled by Social Security and unable to work, Mr. Femminineo was able to negotiate $362,500 for uninsured motorist benefits via arbitration, a settlement of $137,500 through mediation for first-party personal injury protection benefits, and a $20,000 settlement for third-party benefits. While the accident left the plaintif with lifelong injuries, choosing an experienced and skilled lawyer like Mr. Femminineo helped to secure her future and provide her with a better economic outlook.David Femminineo Lawyers Weekly – Traumatic Brain Injury
In the case of car versus golf cart, Gregory Shotwell found himself rear-ended and his cart tipped over with him in it. He sustained a full thickness tear that required surgery. With two insurance companies involved – one representing the defendant that drove the cart, and the other representing the owner of the cart, Mr. Femminineo brought both insurances companies to the course to facilitate the case. The matter was settled, with $63,000 payable from the driver’s insurance company, and $162,000 from the cart owner’s insurance company. The result was a win for the client, and a well-played out strategy by Mr. Femminineo.David Femminineo Lawyers Weekly – Back Injury Golf Cart Case
A split-second decision by one motorist to avoid a garbage can, wound up sending the can spinning into the path of Leonard Braund causing him to crash his motorcycle. It took three separate surgeries to correct lower leg fractures from the accident. With a 100,000 uninsured motorist policy on the bike, Mr. Femminineo was able to work with the insurance companies to secure $95,000 in uninsured motorist benefits and a $150,000 Personal Injury Protection claim for his client.David Femminineo Lawyers Weekly – Motorcycle Accident
In this third-party auto accident case, the plaintiff, represented by David C. Femminineo, was violently rear-ended on Michigan’s I-75 by the defendant who was traveling at a high rate of speed. The plaintiff needed to be removed from his car with the “jaws of life” and the injuries he sustained ultimately landed him on permanent disability.Mr. Femminineo is featured in Michigan Lawyers Weekly for proving that substantial future wage loss was a major key in garnering the $300,000 settlement for this plaintiff. Also crucial to the case: The plaintiff’s own insurance carrier never challenged the veracity of the plaintiff’s permanent disability claims and the carrier went to great efforts to rehabilitate him; the plaintiff’s deposition testimony made clear how drastically his personal finances and relationships were challenged following the accident.
David Femminineo’s client suffered painful neck and shoulder injuries as the result of a collision with a commercial vehicle on Macomb’s 23 Mile Road. Not only did the accident cause permanent physical injuries, it ultimately created financial stress for the plaintiff. He was able to work at his business for only one year following the accident before being placed on permanent disability by his doctors. Michigan Lawyers Weekly features this case for which Mr. Femminineo facilitated a $450K settlement. Future economic loss analysis was the key to winning an adequate settlement for this third-party auto negligence case. With the plaintiff unable to operate his business because of his injuries, the enterprise became defunct. With his extensive experience in auto negligence lawsuits, Mr. Femminineo wisely secured the expertise of an economist from the start in order to ensure the plaintiff would receive an adequate settlement in this case.
The plaintiff in this auto negligence case, represented by Michigan personal injury attorney David C. Femminineo, suffered a herniated disc as the result of a rear-end collision. Michigan Lawyers Weekly features Mr. Femminineo and this case which went to the jury and resulted in a $120,000 verdict. Mr. Femminineo requested that the jury award $5,000 per year for the remainder of the plaintiff’s life expectancy of 24 years, given the fact that the plaintiff was a good employee with an employer that was very accommodating of her injuries following the accident.
David Femminineo settled a third-party auto negligence suit for $315,000. A rear-seat passenger in that same accident was in a coma for three weeks as a result of the accident and, after her release from the hospital, required 24-hour home nursing. The plaintiff – who had just retired after 35 years of work and not one sick day – received a settlement in this auto negligence suit of $1.4 million thanks to Mr. Femminineo. Michigan Lawyers Weekly features David C. Femminineo again as the Michigan attorney responsible for one of only a handful of settlements of over $1 million in the year this case was settled.