| Settlements In addition to trials, Mr. Struck has resolved hundreds of cases on behalf of both plaintiffs and defendants by way of settlement. Having the confidence and ability to take every case through trial if necessary gives a party a great deal of leverage against the opposing side during settlement negotiations. Retaining The Law Offices of Bert W. Struck will give you that advantage. Our goal is to work with you on each file, keep you informed and provide top legal representation in a cost effective manner. Apartment Fire and a PTSD Claim (2007) Mr. Struck represented a heating and air conditioning company where the employee started a fire when taking out an old gas wall oven in an apartment. Liability was admitted, however plaintiff’s damages were contested both as to their extent and value. Plaintiff was a 32 year old female and was present at the time the fire began in her apartment. She claimed loss of property in the amount of $43,000 and loss of earnings in the amount of $45,000. Plaintiff had three doctors testify that she suffered from Post Traumatic Stress Disorder (PTSD) as a result of the fire. She was placed on disibility for one year by these doctors. Plaintiff’s demand to the jury was for $250,000-$350,000. Verdict: $41,000. (This was less than defendant’s Offer to Compromise and costs of $3,500 are to be deducted from the award). Traumatic Brain Injury Claim (2006) Mr. Struck represented a trucking company where the defendant driver collided with six vehicles. Settlements were reached with the people in five of the vehicles. The remaining plaintiff was a 52 year old woman who claimed soft tissue injuries, TM Disorder and a severe traumatic brain injury. Liability was admitted, however plaintiff’s damages were contested both as to their extent and value. Plaintiff presented evidence of economic damages of $1,000,000 and made a demand of $2,000,000 to the jury. She claimed permanent brain damage and loss of ability to continue working as a computer network engineer. Verdict: $82,000. (This was significantly less than defendant’s Offer to Compromise and defendant's recoverable costs were $31,000). Ten Million Dollar Demand to the Jury by Plaintiff (2005) Mr. Struck represented a nightclub/restaurant in Los Angeles where the staff was accused of causing injury to a fault free plaintiff while removing someone from the premises. Plaintiff was a 25 year old female who suffered a wrist fracture that evolved into a permanent condition of Reflex Sympathetic Dystrophy (RSD). Defense medical experts confirmed the existence of RSD. Plaintiff had a spinal cord stimulator permanently implanted to control the RSD in her left arm. A life care plan was set out by experts for plaintiff and future loss of earning capacity was alleged and supported by expert testimony. Plaintiff presented evidence of economic damages in the amount of $5,000,000 and made a demand at the end of trial in the amount of $10,000,000. Plaintiff rejected a settlement offer from defendant of $650,000 (with an indication of more) prior to trial. Verdict: $375,000. Defense Verdict with No Defendant Driver Mr. Struck represented a trucking company and it's driver. Plaintiff was a fault free driver of a vehicle in the number one lane of a freeway when defendant two's pick-up truck spun into her. Liability was disputed between the pick-up and 18 wheeler drivers as each said the other moved into their lane. The defendant driver failed to appear at the trial. Plaintiff suffered soft tissue and a shoulder injury which required surgery. Verdict: Defense verdict as to the 18 wheeler. $200,000 against pick-up driver. Mr. Struck's client was awarded costs from co-defendant. |