Case Highlights
From the case files of|
DISCLAIMER - William Schmidt has represented many individuals and their families since undertaking a practice in the field of personal injury trial law in 1986. These cases range from large cases involving catastrophic injury or death to small soft tissue injury claims. The criteria for undertaking representation in a matter is that there must be a legitimate injury caused through the fault or negligence of another. Noted below are certain cases handled through The Law Offices of William Schmidt which are representative of the variety of legal claims which have been resolved to a successful conclusion. By summarizing the facts of these cases, The Law Offices of William Schmidt makes no representation that similar success can be obtained in any particular case. Each case must be evaluated on its own merits, based on many factors. Litigation is complex and always involves some degree of risks. The following cases are summarized to give an example of the kind of cases we handle. In order to protect the confidentiality of clients, and in some cases, terms of settlement, names have been omitted. Similar facts may exists in other cases. Some parties to the claim may not have been mentioned and no inference should be made as to the Party contributing to settlements. |
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ON THE JOB INJURY - WRONGFUL DEATH Suit is filed on behalf of a family for compensation for damages incurred in the loss of a beloved husband and father when the make-shift tailgate fell from a truck, causing fatal, crushing injuries. The Defendant denied liability and asserted that it could not be sued because of the Workers' Compensation bar. Ownership and employer issues were resolved favorably at the trial court. The jury returned a verdict in excess of $2 million dollars. ON THE JOB INJURY - PREMISES LIABILITY The client was injured at work when a light fixture fell from the ceiling, hitting him on the back. After four back surgeries, he was unable to be gainfully employed. Disputed issues included what caused the light fixture to fall as well as indenmity issues between the employer and the premises owner. The case was successfully resolved through mediation with a seven-figure settlement. ON THE JOB INJURY - THIRD-PARTY CLAIM Heavy equipment mechanic received crushing injury to his foot when machinery fell as a jack collapsed. The injury resulted in a significant amputation of the foot. The claim against the commercial tire repair company was resolved without necessity of litigation. APARTMENT COMPLEX - UNSAFE PREMISES Client was walking to his apartment from the parking lot when he tripped over an unseen string drawn across the path of the sidewalk. A fencing contractor had failed to remove the line at the end of the work day. A dispute between the responsibility of the apartment owner and the fencing contractor complicated resolution of this claim for soft-tissue back injuries. However, the claim, after some litigation, was resolved through settlement. SLIP AND FALL - GROCERY STORE Employee of a grocery store watered not only the flowers, but also the floor where customers walk. Client, unaware of the slick conditions, fell injuring her left shoulder. She was fairly compensated without the necessity of filing a lawsuit. Damages included compensation for medical expenses (surgery for rotator cuff tear), lost wages, pain and suffering, physical impairment, and disfigurement. PREMISES - TRIP AND FALL She went in to enjoy an evening of dancing, but instead, sustained a fractured wrist after tripping on a speaker wire that was laid across the dance floor. Disputed issues included the responsibility of a club owner in causing the fall as well as the extent of the damages. The resulting injury significantly limited the client in her use of sign language on her job. Proof of the nature and extent of the loss of income related to this injury were major issues which were resolved through litigation and mediation. MEDICAL NEGLIGENCE - WRONGFUL DEATH In spite of glaring signs and symptoms of cardiac problems, family practice doctor failed to diagnose cardiac problem related to arterial sclerosis. By the time specialists became involved, the patient's condition had deteriorated to the point where medications and other life-saving interventions were too late. Settlement funds were obtained through a guarantee fund since the physician's insurer was insolvent. MEDICAL MALPRACTICE - FAILURE TO DIAGNOSE A young man lost his wife when an aneurism ruptured in her brain causing fatal injuries. Weeks prior, she had gone to the emergency room because of a severe, debilitating headache. This was a warning sign and the emergency room doctors suggested that she have a CAT scan to rule out aneurism. When she returned to her HMO for treatment, she was denied this "costly" procedure in spite of her unrelenting and severe headache. The defense denied the claim based on standard of care and causation issues, but after much litigation and two mediations, the claim was resolved with a seven-figure settlement. MEDICAL MALPRACTICE - BRAIN INJURY AND WRONGFUL DEATH The patient was recovering from successful cardiac by-pass surgery when suddenly her heart stopped. Although she had been placed on a cardiac monitor, there was a delay in response to her resuscitation. Her heart was successfully resuscitated, however the delay caused a significant injury to the brain due to oxygen deprivation. Her death was a result of the brain injury and not her preexisting heart condition. Legal issues concerning the right to bring the claim against a governmental entity were successfully resolved through appeals to the Texas Supreme Court. The case was resolved in mediation. EMS CALL LEADS TO DOUBLE AMPUTATION Client was highly susceptible to infection after losing his spleen in a prior motorcycle accident. His family had called EMS because of a sudden illness with an extremely high temperature. The paramedics arrived but refused to transport because they did not deem this to be an emergency. They advised their "patient" to take aspirin to reduce his fever. Within hours, as his body was unable to fight the infection, the severe infection led to sepsis and gangrene, ultimately resulting in a double, below-knee amputation. Issues in litigation included ability to sue the city defendant under the doctrine of sovereign immunity. The claim was successfully resolved in mediation. OILFIELD INJURY - AMPUTATION OF INDEX FINGER Employee of oilfield drilling company sustained crushing injury to hand due to the negligent operation of the controls by the driller. Because the employer did not carry Workers' Compensation insurance, we were able to bring a liability claim directly against the employer for the losses sustained. The matter was successfully resolved through litigation and mediation. AUTOMOBILE ACCIDENT - COMPLICATIONS WITH PREGNANCY A young mother-to-be, pregnant with twins, was hit from the rear by another vehicle which was being driven recklessly and in excess of the speed limit. The client experienced an immediate onset of contractions which were treated and controlled. However, a few weeks later the contractions resumed and she gave birth, pre-maturely, to twin boys. Sadly, one did not survive. Through a combination of insurance policies, a fund was established for the surviving boy who was healthy and active. William Schmidt worked with the obstetrician to explain to the insurance companies how the trauma of the collision caused the premature delivery. PRODUCTS LIABILITY - DEFECTIVE EXERCISE MACHINE Client sustained a crushing blow to her ankle as the weighted bar of an exercise machine fell when she thought it had been secured. The design and maintenance of the machine were brought into question. A successful negotiation with the machine manufacturer and owner avoided the necessity of litigation.