CASE: Employer and BWC contested allowance of a claim on the basis injured worker was a sub-contractor. The claimant sustained a serious left arm/upper extremity condition as a result of an approximate 30 foot fall. Fortunately there was no other injuries other than the injury to the arm. Prevailed in having claim allowed. After claim was allowed, Attorney filed an application for a Violation of a Specific Safety Requirement against the employer. Attorney prevailed in establishing a VSSR penalty against the employer at the maximum penalty rate of 50 percent. This entitled the claimant to not only receive compensation, but an additional award of compensation at 50 percent of the max rate for the year of his injury. Attorney prevailed in securing a loss of use of the arm award for the claimant, totaling over $200,000 with the additional compensation paid as a result of the VSSR penalty. Attorney eventually prevailed in securing permanent total disability compensation for the claimant. As a result of this, the BWC offered $420,000 to settle the claim. After the settlement was paid, there was over $1million paid in compensation and medical benefits.
RESULT: After the settlement was paid, there was over $1 million paid in compensation and medical benefits.
CASE: The client was shot by an armed robber in the parking lot of an apartment complex. The bullet penetrated his spine, paralyzing him from the neck down. The armed robber fled the scene and was never apprehended. Attorneys of Malek & Malek sued the apartment complex for failing to provide reasonable security to the tenants and their guests.
RESULT: The attorneys of Malek & Malek were successful in reaching a 3.75 million dollar settlement for the client.
CASE: The client was a passenger in a motor vehicle that was side swiped by a semi-truck. After the impact, the driver of the motor vehicle (which had been side swiped by the semi) pulled over to the side of the road to assess the damage. The passenger exited the vehicle as well. While assessing the damage to the vehicle, the passenger fell off the overpass to the ground below and sustained significant injuries. Malek & Malek immediately initiated an investigation. While there were never any citations issued, Malek & Malek was able to determine that a specific semi driver was in the area around the same time that the initial impact occurred. A lawsuit was filed against the semi driver and the trucking company he worked for. The trucking company lawyers argued that their driver was not involved in the crash. Furthermore, they blamed our client for his own injuries, arguing that had he been more careful, he never would have fallen from the overpass.
RESULT: On the morning of trial, the trucking company lawyers offered only $2,000.00 to make the case go away. After several days of trial the jury returned their verdict finding that the trucking company and their truck driver were 90% responsible. The case settled post-trial for $825,000.00.
CASE: Our client was operating a Honda Motorcycle when struck by a careless driver. Our client suffered a fractured femur, fractured right clavicle, multiple abrasions and bruises.
RESULT: The attorneys of Malek & Malek were successful in reaching a $280,000.00 settlement for the client.
CASE: Our client was a young mother who went to a corner convenience store to get some cough medicine for her sick child. It was near closing time and as she was shopping, a masked man entered the store. The man had a gun and demanded cash from the store clerks. Instead of just turning the money over in the cash register, the store clerks pulled out a gun and started shooting. At least one shot was returned by the armed robber. Our client was struck in the arm. The armed robber fled and was never apprehended. Malek & Malek initiated a lawsuit against the convenience store for negligence. The large firm lawyers hired by the insurance company argued that it was the robber’s bullet that struck our client’s arm. They also argued that our client had a pre-existing injury to her arm and that they had no responsibility.
RESULT: On the morning of the trial, they made a one-time offer of $25,000.00. The jury returned a verdict for $250,000.00 against the convenience store and for our client.
CASE: The client lost ten of his family members in an apartment fire on the west side of Columbus. A team of investigators hired by Malek & Malek determined that the fire had been intentionally started as a result of an arsonist. A lawsuit was filed by Malek & Malek. After multiple depositions, it was discovered that the apartment complex had known about several prior arson events and that management was aware of a significant crime problem in the apartment complex. It was shown that the management and owners of the apartment complex had taken few, if any, measures to prevent a foreseeable arson event from occurring.
RESULT: The case settled pre-trial for 6.5 million dollars.
CASE: Malek & Malek was able to get the following conditions added to the client’s workers’ compensation claim: T12 compression fracture, lumbar sprain, disc protrusion T12-L1, thoracic degenerative disc disease T11-T12, lumbar degenerative disc disease L1-L2 and L4-L5, and post traumatic myofacial pain syndrome.
RESULT: After adding these conditions to the claim and getting treatment for these conditions, Malek & Malek eventually settled the client’s workers’ compensation claim for $225,000.00.
CASE: Originally, the client’s claim was only allowed for fractured dorsal vertebra.
RESULT: After a successful jury trial, depressive disorder (not otherwise specified) was added to the claim. Over $400,000.00 in indemnity and medical was paid out post-verdict. In addition, Malek & Malek was able to get the client permanent total disability compensation.
CASE: Malek & Malek went to trial to have the additional condition of pain disorder associated with psychological factors and general pain condition added to the client’s claim.
RESULT: After a successful jury verdict for the client, the client was awarded two years in back compensation based upon this condition. Over $400,000.00 in medical and indemnity was paid out. In addition to the $400,000.00, Malek & Malek also successfully settled the claim for $140,000.00.
CASE: Client’s original claim was only allowed for various sprains including: sprain of the neck, sprain of the lumbar region, sprain of the shoulder and arm, and sprain of the rotator cuff.
RESULT: After a jury trial, claim was additionally allowed for substantial aggravation of pre-existing depression. Post verdict, over $300,000.00 in medical and indemnity was paid. The $185,00.00 settlement with the BWC was an indemnity settlement, meaning the medical side of the client’s claim was kept open, allowing the client to continue receiving medical treatment.
CASE: The client was a hardworking husband and father. He worked at Kroger as a picker in their warehouse. As a result of repetitive heavy lifting, he developed a herniated disc in his lower back. He initially tried to represent himself before the Ohio Industrial Commission. Kroger had hired a large law firm with substantial resources to fight the claim. His claim was denied at all levels before the Ohio Industrial Commission. Malek & Malek filed an appeal in the court system and requested a jury trial. Kroger argued that the herniated disc was not related to client’s job duties at Kroger and also that our client’s condition was pre-existing. On the morning of trial, Kroger indicated that they wanted to make an offer to settle the claim as long as the client would agree to walk away from his job at the Kroger Company. In addition, they wanted a confidential agreement. The client liked his job and did not want to be forced to quit. Malek & Malek tried the case. The Kroger Company brought in multiple witnesses to testify against the client, including a board certified neurologist, who made millions testifying on behalf of insurance companies and large companies like Kroger.
RESULT: The jury saw through all of this and after a very short deliberation, returned a verdict for the client and allowed his claim for the herniated disc at L5-S1. The client was then able to get his surgery with pay and successfully returned to work in the warehouse where he was able to continue to provide for his family.
CASE: The client came to Malek & Malek after he had been advised to accept $5,000.00 to settle his workers compensation claim by his former attorney. The claim was only recognized for a low back sprain and a bruised chest. The client had not treated for a period of several years. His claim had been denied for degenerative disc disease at L5-S1. The attorneys at Malek & Malek believed in their client and asked the jury find that the client’s degenerative disc disease was caused by the injury several years before. The two assistant attorney generals handling the case felt so confident that they never even hired an expert witness. The offer stood all the way up to the date of trial and never changed from the $5,000.00 original offered.
RESULT: After presenting the evidence to the jury, they returned a verdict for the client and found that his degenerative disc disease at L5-S1 was caused by the original injury. Malek & Malek was then able to recover over 2 years in lost wages. The claim eventually settled for $60,000.00, over 12 times the original offer.