November 17, 2004
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Case Histories   



No two cases are alike, meaning no two verdicts are alike. Listed below are some of the recent verdicts and settlements we have secured on behalf of our clients. The law firm of Hensley Walker, PA will invest the necessary time, energy and financial resources to secure the largest possible verdict or settlement to which you, the victim, are entitled - to make certain that your situation is not compounded by financial worries. Winning your case is only part of what we do: seeing to your future needs is the other.


Recent Verdicts / Settlements Secured On Behalf of Our Clients:


1

Structured settlement of over $961,000.00 Workers’ Compensation recovery helps ease suffering for Hensley Walker client.

CONTEXT   When our 29-year-old client was rendered a quadriplegic as the result of a work-related automobile accident, she sought workers’ compensation benefits for modifications to her home, including support bars for her bathroom , as well as attendant care services. When her requests were denied by her employer, she came to us for help. Her insurance company refused to provide the needed modifications, claiming they were ‘unnecessary.’

OUR STANCE   We strongly disagreed with this assessment, as did the medical professionals we called upon for expert advice. As the result of our efforts, the injured worker did receive all of the home modifications she requested, along with a monetary settlement that allowed us to structure on her behalf a guaranteed payout in excess of $961,000.00

RESULT   By structuring the settlement in such a way that it met the approval of Medicare, our client retained the right to receive Medicare benefits in the future. The structured payout will allow our client to continue with her life, secure in the knowledge that financial worries will not add to an already tragic situation.


2

Firm obtains $1,375,000.00 recovery against insurance company for denial of partial disability benefits

CONTEXT   After our client, a practicing physician in his early 40s, suffered an injury to his cervical spine, he sought disability benefits, as provided for in his insurance policy. The insurance company, however, decided that since our client was a psychiatrist, his injury would have no impact on his ability to work. When he retained our firm to represent him, we immediately brought in expert witnesses who testified that while the duties of a psychiatrist may not, at first blush, be considered physical in nature, one whose duties include work in hospitals can, and often are, faced with suicidal or combative patients and many times is required to participate in take-downs, physical restraint and self-defense. As our client was no longer to perform such duties, he was forced to give up his hospital practice, which had a negative impact on his ability to earn income.

OUR STANCE   As a result of his injuries, the physician filed a claim for partial disability benefits under his existing insurance policy. His claims were denied when the insurance company argued that he could perform the ‘essential’ duties required of his employment.

RESULT   As the result of our efforts, and thanks in large part to the testimony of the expert witnesses who testified on our client’s behalf, the case was settled prior to trial for over $1.3 Million. This came less than a week after mediation, during which time the insurance company offered less than half that amount. We refused their settlement offer and prepared to take the case to trial. The insurance company knew we were serious, and prepared, choosing to settle rather than litigate.


3

$1,500,000 recovery aids victim of posttraumatic stress disorder

CONTEXT   When our client, a vibrant 29-year-old anesthesiologist, came to us for help, he was a shell of his former self. While working as a resident in a level-1 trauma center, he had witnessed the death of 4 patients under his care one weekend, after which he began to experience a lack of concentration and lost his ability to cope with stress. He completed his residency, working for several years as an anesthesiologist until his mental condition deteriorated to such a point that he turned to illegal drugs in an effort to cope with the stress. He eventually underwent substance abuse treatment, and was soon forced to leave his practice due to lack of productivity. His doctors found that he suffered form posttraumatic stress disorder associated with his work in the trauma center and his close-hand witnessing of so many deaths in such a short period.

OUR STANCE   He filed a claim for disability insurance benefits under insurance policy, but his claims were denied. After several attempts to cut off his benefits, the insurance company sent him a $72,000.00 payment, which they claimed pay for his rehabilitation. However, by the time he received the proposed lump sum he had given up his license to practice medicine and sold his interest in his practice. He returned the $72,000.00 as insufficient and filed suit, alleging that the insurance company had breached its contract by terminating his disability payments.

RESULT   The insurance company had made numerous attempts to deny his claim, even going so far as calling in expert witnesses to testify that his troubles were the result of a personality disorder, and thus not covered by his policy. Our firm discovered internal memos, however, that bolstered our client’s claim, and we were able to obtain a settlement prior to trial in the amount of $1.5 Million.