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.
$6.5 Million Settlement
CASE: 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: 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: 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.