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Success Stories
Workers Comp - Litigated Lower Back Injury
One memorable case involved a woman who hurt her back when she did some heavy lifting at work. She was in her 50s and likely had some pre-existing degeneration in her spine. I filed the case and then arranged for a site visit so I could weigh the items she lifted. With that evidence, we won Round 1 of the litigation. After a few years of attempting to work, her condition worsened and I filed a permanent total disability claim on her behalf. Since we had won Round 1, we were in a good position to negotiate a reasonable six-figure settlement for her, including provisions for future medicals to be paid. Lesson: Investigation and site visits can be crucial.
Workers Comp - Slip & Fall
One memorable case involved a woman who hurt her back when she did some heavy lifting at work. She was in her 50s and likely had some pre-existing degeneration in her spine. I filed the case and then arranged for a site visit so I could weigh the items she lifted. With that evidence, we won Round 1 of the litigation. After a few years of attempting to work, her condition worsened and I filed a permanent total disability claim on her behalf. Since we had won Round 1, we were in a good position to negotiate a reasonable six-figure settlement for her, including provisions for future medicals to be paid. Lesson: Investigation and site visits can be crucial.
Workers Comp - Litigated Amputation Case
After an older worker had a freak accident at work on a construction site, his employer fired him. Due to the accident, he needed to have his leg amputated. After the surgery, he was still often confined to a wheelchair. Knowing that he could not do construction work with only one leg, and believing it would be very difficult for him to find any reasonable work, I filed a claim for permanent total disability. I conducted a site visit where I noticed things that undermined the employer's arguments. Also, I consulted with an engineer who was able to testify about the forces involved in the accident. We won the case. Lesson: Sometimes expert consultation is very helpful.
Workers Comp - Settlement in Burn Case
A Spanish-speaking client was burned on his hand by super hot tar at work. The employer did not provide heat-resistant gloves; rather they provided cotton gardening gloves. I filed a claim on his behalf. The adjuster obtained surveillance video footage, but the video further substantiated my client's claims that the burns (the nerve damage) made it hard for him to use his injured hand. Before we got to trial, we negotiated a reasonable settlement. Lesson: Sometimes surveillance video helps our case.
Car Accident - Facial Scars
Some accidents leave permanent scarring. If the scarring is one the face or other visible body part, then compensation should be paid. When necessary, I consult with a plastic surgeon about the patient's options. In two recent cases involving facial scars, I obtained the policy limit for my clients. It is very important to obtain timely medical treatment and have all accident-related complaints properly documented. Sometimes, a functional MRI (fMRI) or consultation with Cognitive fx is helpful. Also, we claim compensation for how the accident adversely affected the client's spouse (loss of consortium).
Adoption - Stepparent
Attorney Daniels handles lots of stepparent adoption cases. These typically involve:
1. Gathering info and documents (i.e., marriage certificate)
2. Preparing and filing the petition in the court where the child lives
3. Serving the Notice of Adoption Petition on the non-custodial birth parent, whether he/she is in prison or out-of-state. We've had cases where we met the birth father at a gas station to receive his Consent to Adoption.
4. Sometimes we must wait 30 days to see if the non-custodial parent files a Motion to Intervene. If so, then we enter litigation and try to resolve the case (i.e., obtain consent) during mediation.
5. To prepare for mediation and trial, we often use GRAMA requests and subpoenas to obtain prison records, law enforcement records, and DCFS (CPS) records. We can also interview witnesses and therapists, and obtain affidavits that show the non-custodial birth parent's rights should be terminated.
6. If the non-custodial birth parent is not listed on the birth certificate, then we simply obtain a Paternity Search to verify he failed to file for paternity. Then we press forward with the adoption.
THE KEY: Often, the non-custodial birth parent (i.e., the "deadbeat dad") has effectively abandoned the child and had little to no meaningful contact with the child for several years. He cannot go back and change that fact. Neither can he change the fact that the child is now older and bonded with his/her stepfather. Even if the deadbeat dad intervenes, he will likely lose despite his claims that he can now be an effective, loving parent.