Bentley & More LLP resolves catastrophic workers’ compensation case for $5,000,000
A 53-year-old tree trimmer sustained a catastrophic injury when he fell off a 40-foot palm tree resulting in paraplegia and a mild traumatic brain injury. Thanks to Bentley & More, the injured worker was sent to a specialized rehabilitation hospital where he could obtain the care commensurate with his serious head and spinal cord injuries.
After several years of litigation, the defendant offered $1,800,000 to settle the entire case. Bentley & More attorneys Keith More and Dane Gilliam, strategically opted to stipulate the injured workers’ disability at 100% Permanent Disability so the client could continue to receive beneficial medical treatment paid for by the work comp insurance carrier. Up to this point, More and Gilliam had secured medical and disability benefits of $3,385,111 for the injured worker. “It really shocked me that the defendant did not want to entertain serious settlement discussions prior to settling at 100% PTD,” said More. “The data they used to substantiate their $1,800,000 offer was based on guesswork—not facts,” said More.
Following the permanent disability stipulation, we continued negotiating for another 8 months to resolve the entire case. Perseverance paid off and during the lengthy settlement negotiations the insurance company spent another $400,000 on necessary medical treatment. More and Gilliam were able to obtain an additional $5,000,000 in cash for the injured worker. That money has been placed into annuities for the sake of ensuring a lifetime of medical treatment and financial stability to the client. “The defendant eventually saw the light after we provided them with detailed itemizations of medical care that would be required in the injured worker’s future,” said More. “Our client is thrilled as he gets to be in control of his own medical treatment and has financial security for life,” said More.