SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE FIRM AND ITS LAWYERS MAY UNDERTAKE.
An 18-year old construction worker was struck in the head by a heavy piece of equipment while on the job. He suffered a severe traumatic brain injury. Efforts to return the plaintiff to some form of gainful employment failed, and he was eventually placed in a residential brain injury rehabilitation facility. The employer’s workers’ compensation carrier agreed to plaintiff’s entry of permanent and total disability benefits. At mediation, the disability benefits and non-Medicare covered treatments were settled for a cash payment of million. He received a Medicare Set-Aside of 4,989. A special needs trust was set up to administer the proceeds and the MSA. The payout is more than two times the largest reported workers’ compensation settlement in Virginia.
The 75-year old plaintiff was struck from behind at a high rate of speed by a full size pick-up truck after he slowed for backed up traffic. Liability was never contested, as the defendant left a note for the plaintiff at the hospital, in which he admitted fault for the accident and expressed remorse. The plaintiff suffered multiple internal injuries, spinal fracture and a traumatic brain injury. Prior to the accede, he had been extremely active and was performing daily farm work. He made an exceptional physical recovery and discontinued treatment for his cognitive impairment. No specific future medical treatment could be attributed to the accident even though plaintiff’s physicians agreed the trauma exacerbated pre-existing conditions. The case settled for available coverage limits, which included both liability and umbrella policies maintained by the defendant’s parents.
The client was a 35 year old gentleman who injured his hands/ wrists in a work accident. As a consequence of that injury he developed Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome (RSD/CRPS). After initially being denied, counsel was able to have the RSD/CRPS accepted as compensable. The claimant was awarded Social Security Disability benefits as well as Medicare. At mediation the parties settled the case for a total of $463,000.00. A Medicare set aside account was approved by the Centers for Medicare & Medicaid Services. At the time of the settlement the claimant had already received $45,000.00 in lost wage benefits and $176,000.00 in medical benefits. Thus, the full value of the claim exceeded $684,000.00.
The claimant was operating an asphalt cutter when the excavator backed up over his legs amputating both legs about mid-calf. His low wages at the time of the accident entitled him to a weekly compensation only slightly over the minimum compensation rate. The settlement allows the claimant to return to work at least part time and provide health insurance for him, his wife and 5 kids, and purchase rental properties that he or his wife will manage.
The claimant was injured in a work accident September 29, 2000. Counsel was hired after the original claim was denied by the workers' compensation carrier. Original hearing was held and claimant prevailed. Over the course of representation, the claim required three additional hearings. The claimant prevailed in all hearings and the carrier appealed each opinion to the full commission where the claimant prevailed. Ultimately the claimant was able to use up the full amount of his 500 weeks due to his original back injury. The claimant's authorized treating doctor eventually opined that the claimant had lost 40% of the function of both legs. A claim was made to have the claimant declared a permanent total after the expiration of his original 500 weeks. While that claim was pending, the parties went to mediation with Deputy Commissioner Hunter where the claim settled for a total amount of $400,000. As a result of that settlement, the client received $213,000 in a lump sum. The rest of the money was used to fund a Medicare Set Aside in the form of annuity. The Medicare Set Aside was funded in a form of $68,000 up front in cash, along with $9,875 on an annual basis for the remainder of the client’s life expectancy of 19 years. As a result of efforts of counsel for claimant, the claimant ultimately received ,in addition to the $400,000 settlement, a total of $211,709 in compensation benefits and $289,000 of past medical treatment. Those sums plus the additional $400,000 means the client received a total benefit package over the course of the claim of $900,000. Representation of the client lasted for just over 13 years. The client was declared social security disabled several years ago and will continue to receive his Social Security Disability benefits and continues to have Medicare and the Medicare Set Aside to cover his future medical needs.
Our client suffered a traumatic amputation to his left arm while operating a machine at a production facility on June 24, 2008. His modest earnings at the time of the accident limited him to a very low weekly workers’ compensation rate. At the time of settlement, the claimant had received weekly benefits for 5 1/2 years, which represented almost 60% of the maximum period available to him. He had also received medical treatment costing $449,792.50, including both a manual prosthesis and a myoelectric i-LIMB utilizing the latest “bionic” technology. The settlement provides our client with the value of 100% of the remaining compensation benefits available under the Workers’ Compensation Act, full funding of a Medicare approved set-aside to cover his future medical needs, professional administration of his medical funds, and an additional $153,000.00. Our client had little formal education. He experienced significant difficulties coping with his injury and adjusting to life as an amputee. His low weekly workers’ compensation rate also caused significant financial distress. During the time Reinhardt Harper Davis, PLC represented him, multiple claims were successfully litigated over denials of treatment by the insurer, including payment for the psychiatric treatment and treatment for a rotator cuff tear to the right shoulder caused by “over use syndrome.” During his rehabilitation, our client reconciled with his estranged son and moved out of state to live with him following the settlement.
Our client, who was a supervisor for a commercial roofing company, was struck from behind by a van operated by an employee of a HVAC service company while driving his employer’s king cab pick-up. Despite photographs that revealed very little damage to either vehicle, all passengers in our client’s truck reported a significant impact. Although our client did not seek medical treatment for several days after the accident, MRI and x-rays revealed an instable bilateral pars fracture in his lumbar spine. Our client had undergone a prior fusion surgery 25 years earlier but fully recovered with no additional problems. Our client’s orthopedic surgeon performed a new fusion surgery at the site of the pars fracture and a decompression at the prior surgery site. After experiencing improvement of 70%-80%, our client was referred to his primary care physician for pain management which consisted of therapy and medications and lead to a diagnosis of chronic pain. Vocational and functional testing determined that our client could never return to roofing work and limited him to light physical demand level work. He was also assigned 13% impairment to his left leg and 12% “whole person” permanent impairment. The evidence we obtained revealed that our client would require ongoing medical care and never be able to earn as much as he did before the accident. The negligent driver’s insurance company attacked all aspects of our client’s case. We assembled a team of experts including an orthopedic surgeon, primary care physician, life care planner, vocational counselor, disability examiner, physical therapist and an economist to testify for our client. A settlement mediation was unsuccessful after the insurance company attempted to “low ball” the value of the case. On the night before his trial was to begin in the Circuit Court of the City of Richmond, our client’s personal injury case settled for $1,550,000.00. His workers’ compensation case then settled for another $65,000.00, for a total value of $1,615,000.00.
In a tragic and truly heart-wrenching case, our client was a young Mexican immigrant who had only recently obtained his work permit. While working on a highway road crew in Norfolk, Virginia, our client was placing orange safety cones along one of the lanes as he sat on the back of a slow-moving flatbed truck. At 3:00 am, a drunk driver traveling at a high rate of speed swerved around a state police cruiser parked in the work zone with its blue lights activated and slammed into the rear of the truck on which our client was sitting. The impact crushed our client between the two vehicles resulting in guillotine amputations to both legs. Another attorney settled the client’s automobile accident case for $936,775.50. Craig B. Davis at Reinhardt Harper Davis, PLC was retained to represent the client in his workers’ compensation case. After our client had received over $500,000 in workers compensation benefits and medical treatment including prosthetic legs, we participated in a settlement mediation with the workers compensation insurance carrier. Although the mediation was unsuccessful, we continued to fight for the rights of our client in an effort to obtain maximum compensation for his injuries. Based on evidence obtained from our client’s treating physicians, prostheticists, a nurse hired to prepare a life care plan, and an economist who projected his future financial needs, we were obtained a settlement for our client of $1,930,000.00.
Our client worked for a private contractor hired to transport mail for the U.S. Postal service. While operating a box truck on Route 29 in Pittsylvania County, Virginia on October 24, 2009, a car traveling toward him in the opposite lane crossed over the center line and struck our client head on even after he pulled his truck all the way off the road surface onto the grassy shoulder. Our client sustained fractures to his left foot and ankle, and later developed a severe case of Complex Regional Pain Syndrome (CRPS), that caused excruciating nerve pain, color changes on the skin of his leg, and temperature changes. Our client underwent multiple surgeries to his foot and ankle by an orthopedic surgeon and a podiatrist. After being diagnosed with CRPS, his physicians considered amputating his left leg before he came under the care of a pain management physician who treated him with pain medications, injections, nerve blocks, a spinal cord stimulator, and a morphine pain pump. Our client was also treated for by a psychiatrist for major depression, anxiety and avoidance disorder.
Local Danville attorney, Robert Whitt, hired Craig B. Davis at Reinhardt Harper Davis, PLC as co-counsel after seeing him give a presentation on handling combined personal injury and workers’ compensation cases at a legal seminar. At the time of settlement, the workers compensation insurance carrier had already paid our client almost $74,000 in compensation benefits and over $335,000 in medical expenses. The negligent driver tried to escape responsibility for our client's injuries by claiming she unexpectedly hydroplaned. She dropped this defense after we obtained her medical records in which she repeatedly told her doctors she had no recollection of how the accident happened.
At a global mediation conducted in Danville, we settled our client’s personal injury case for $831,000.00, which represented 98% of the available insurance coverage, and settled the workers’ compensation claim for $369,619.09, for a total combined recovery of $1,200,619.09.
We are proud to have helped our clients obtain justice for their injuries.
At the time you [RHD] were close to my home but once I met with Stephen I knew he was for me. I had a great attorney and the most wonderful paralegal.
Going into mediation I felt rather intimidated and nervous at first, but knowing that I had the law office of RHD representing me I knew that my case was in the hands of an experienced law firm. Thank you. Your law office did everything perfectly. True legal representation. Patient, caring and hardworking paralegals. Highly professional office staff.
I may not always know what to do, but I always know who to turn to. Thank you for being there for everything.
I have already referred clients to Mr. Young. He was a dream lawyer. Loved everything about him and the service he gave to me.
Mr. Reinhardt is an incredible individual. His knowledge of the law, ability to anticipate legal maneuvering by opposing counsel, and ability to communicate effectively at multiple levels makes him the best possible choice for representing an injured worker. I cannot thank Mr. Reinhardt and his staff enough for taking my case and giving me my life back.
You stood by me in every aspect. I learned a lot by working with your firm. You took time answering all my questions and phone calls. I am very thankful Reinhardt Harper Davis is here locally and deals strictly with workers comp issues. I would definitely recommend Reinhardt Harper Davis to my coworkers and family. I was always satisfied with your team's efforts in standing by the worker and their rights.
Very professional and friendly staff and Mr. Harper was extremely professional, knowledgeable and friendly. Thank you for caring about your clients as an individual and not a case. I will recommend your firm to anyone who needs an attorney. Thank you for everything.
We’re doing well after surgery, but this will take some time. You have, however, made our Christmas better this year. You are what we call a real lawyer. You have done more for us in a month than has been done for us in over three years. Thank you and your staff so very much.
I was always greeted with a friendly smile, [it] felt like home.
Craig changed my opinion of lawyers. He is a man with integrity and [an] outstanding lawyer.
Mr. Young was very supportive. [He] helped me get what he told me he would do [which] helped a lot with my stress.
Having Andy as my lawyer was a blessing. And Stacey as his assistant was a winning combo! [She] was always there for me and bent over backwards to help me any way she could.
Thank you so much for all that you have done for me. You [Craig] are a good man, and an exceptional attorney.
This is a great place to have on your side