Today’s example of work comp BS: Client was injured when struck by a truck. He treated with a company doctor who thought our client was hurt but thought surgery was not necessary at that point. We sent him to a doctor we trust; he said the client would only return to work if he had surgery. Work comp didn’t like that opinion so they sent him to another doctor (a respected surgeon). That doctor agreed with our expert that the client needed surgery. Did the insurance company listen to their chosen expert? NO! Instead, they’ve decided to rely on another doctor who has never actually met my client and isn’t a surgeon. That other doctor is someone who reviews charts for insurance companies and issues reports which are almost always favorable to the insurance company. They’re now claiming our client isn’t even hurt. It is shameful. We will take the depositions of the surgeons, go to trial and ask for penalties and attorney’s fees.
If you need help fighting for your work comp rights then call the Law Office of Keith Short. 618-655-9499 or 618-254-0055.
People buy uninsured motorist insurance (UM) because they want to protect themselves in the event they are injured by someone without insurance or by a hit and run driver who gets away. It is amazing how often a UM claim is denied. Call us when you need help fighting your insurance company to get the benefit you paid for. Here are two examples: Two weeks ago we tried an uninsured motorist and won $88,000.00 for our client. Last Friday we had a trial where the insurer denied the insured the benefits of the policy he paid for! Another arbitration hearing led to another win. This time we won our client $22,800.00. One of the arbitrators wanted to deny the case outright, claiming we couldn’t prove the accident even happened; there were no witnesses, no photos and almost no observable damage to the car. In the end we won because we had our case and client well prepared.
If you’ve been injured in a car accident that wasn’t your fault then call the Law Office of Keith Short. 618-655-9499 or 618-254-0055.
At the law office of Keith Short we have 5 rules that all clients must accept before we will agree to represent them.
- Never lie. Lying is the surest way to lose your case. Get caught lying, exaggerating or omitting information and your case is over.
- These cases take a long time. Be prepared to wait 1, 2 or even 5 years before it’s concluded. You must be patient.
- It’s your case, but we (the firm) are in charge. We have an obligation to do what’s best for you so we will. We will talk with you and explain everything, but trust us in the major decisions.
- Don’t ask what your case is worth until the end. We take cases because we believe in you. Whether your case is worth a thousand or a million dollars, we have the case because we like it and we like you. We don’t and won’t know what your case is worth until all the evidence is in. So, asking in the beginning is a bad sign. Understand that our fates and our fortunes are aligned. What’s good for you is good for us.
- You must cooperate. You must help us win your case; that means answering interrogatories, attending all of your medical exams, doing depositions, providing information, etc. If you don’t do your part we cannot win. An example is below. It is not our case, but a perfect example of a plaintiff who didn’t help his attorney (himself, he was pro se). Whether you have a lawyer or not, you have to provide information…you have to work.
In action alleging that defendant terminated plaintiff in retaliation for plaintiff-employee’s statement that he was going to file worker’s compensation claim, Dist. Ct. did not err in finding for defendant on ground that plaintiff failed to prove any damages arising out of defendant’s alleged acts. Dist. Ct. had previously precluded pro se plaintiff from presenting any evidence other than his own testimony (due to plaintiff’s prior failure to respond to any of defendant’s discovery requests, as well as his failure to abide by deadlines to identify exhibits and witnesses), and plaintiff further failed to explain at trial how he determined that he had incurred $133,000 in damages, what he had been paid by defendant, or whether wages he had received from subsequent employers had reduced his claimed damages. Plata v. Eureka Locker, Inc., No. 16-2030 (May 9, 2017) C.D. Ill. Affirmed
This week, one of our client’s received an arbitration award of just over $87,000. The gentleman was injured on vacation when his truck was “t-boned” by an uninsured motorist. The client had uninsured motorist coverage within his own car insurance policy. We took the case to a three member panel arbitration and received a very fair award. It helped that our client did not cause the accident and, most importantly, was found to be a very credible, very like-able person. We have to push hard to get our client’s what they deserve. Give us the chance to fight for you.
If you have been in an accident and need help just call: The Law Office of Keith Short, 618-655-9499 or 618-254-0055.
In a hotly contested trial our client was awarded a total of just over $508,000 in medical benefits, back wages and permanent injury. The case involved a shoulder and lumbar spine injury. The employer and its lawyers refused to accept liability for the lumbar spine injury (the vast majority of the award). In a 14 page decision the Arbitrator found for our client. This case was referred to us from a Chicago law firm who already had an expert for our client. We thought we knew a better expert in St. Louis and referred our client there. The expert did the lumbar fusion and testified in the case. It was on the strength of our client’s preparation and the expert testimony (we took 3 depositions) that we won. A lot of the credit has to be given to my work comp team of Sam and Abi. They were great! If you want the same effort for your case then call us at 618-655-9499 or 618-254-0055. We cannot guarantee the same result, just the same effort. The Law Office of Keith Short
On Friday we settled a car accident case for $60,000.00. Not that big a deal since we settle cases for this amount or more all the time. Yet, this case illustrates why you should hire an experienced lawyer. 1) The defendant’s insurance company denied liability…they refused to pay anything. They said it was either my client’s fault or both parties were equally at fault. We thought that was ridiculous. We filed suit knowing that if we didn’t win we wouldn’t get paid and would actually lose money. After taking depositions of the parties, witnesses and doctors’ depositions we felt confident we could win. The insurance company must have too since they decided to offer a settlement of $28,000.00. That leads us to the second reason you should hire a lawyer. 2) The offer was absurdly low and we knew we could get more. We set the case for trial. The defense filed a motions to try to reduce their liability. We won every motion. Trial was approaching. They asked what it would take. We said $60k…they complained and whined…and eventually paid the $60k. Our client’s auto insurance was reimbursed from the settlement; her medical insurance was reimbursed and the remaining balances were paid and she walked away with $20,000.00 after fees and costs were paid. On a disputed case, we were able to get all of our client’s bills paid, all liens paid, all attorney’s fees and costs paid and she netted a very fair settlement. Don’t let yourself be pushed around. Don’t be afraid of the insurance company. Hire an experienced car accident firm. Hire the Law Office of Keith Short. 618-655-9499 or 254-0055.
We were able to resolve two cases this week. Both were spine injuries. In addition to the lump sum settlements we were able to secure payment of all medical bills and lost wages. Another $200,000+ for these two clients. These results don’t happen every time but they happen a lot for our clients. If you want the chance to get the full value of your injuries and to have your medical bills paid in addition to what you get then call us at 618-655-9499. Even if you just have questions, call us. We’re here to help. The Law Office of Keith Short.
Below is the outline of a case where the court got it right. An elderly gentleman whose family is paying for long-term assisted living, is injured in a fall. There are plenty of witnesses to what happened. SO what does the nursing home do? They take statements of the witnesses and the employees and then they try to hide those statements claiming they’re part of a medical study or some other protected action. In essence, there are 6 witnesses to how this man was dropped and injured but they don’t want to have to give the names or statements to anyone. That’s nonsense. It’s sneaky. It’s a lawyer trick and I’m glad the court saw through it!
Lindsey v. Butterfield Health Care II, Inc., 2017 IL App (2d) 160042 (February 9, 2017) DuPage Co. (SCHOSTOK) Affirmed in part and vacated in part; remanded.
Plaintiff, as guardian of 88-year-old nursing home resident, filed suit for negligence after resident sustained injuries in fall at nursing home. Court properly ordered that disputed documents (report completed by nursing home employees about injury and 6 witness statements completed during internal investigation) were not privileged under Medical Studies Act or Long-Term Care Quality Assurance Act. Documents were created in ordinary course of nursing home’s business are not privileged under either Act. (HUDSON and SPENCE, concurring.)
St. Clair County is the 9th most populous in the state with over 264,000 people. But in St. Clair County last year there were only 15 jury trials. That’s it! Only 7 of those trials were won by the plaintiff. I am happy to say that the Law Office of Keith Short was one of the winning law firms. In 2016 in Madison County (the 8th most populous with 266,000 people) there were a total of 16 jury trials and the plaintiff won a total of 9 cases. That’s it…9 times. That means that 16 people out of 530,000+ residents in the 2 counties won a lawsuit….so, .00003 percent of the population won a lawsuit. Hell-holes? Hardly.
There is a reason that insurance companies, corporate America and the chamber of commerce spread the lie of too many lawsuits. They get to rationalize charging higher and higher premiums by claiming (lying) that there are too many lawsuits! Too many trials! Too much jackpot justice!! It’s a lie. Seven Plaintiffs winning their cases in a county this big is simply not very many and certainly isn’t a “hell-hole.”
This is the battle plaintiff lawyers have to fight. In addition to fighting the facts and law of your case, we also have to fight the huge bias against lawsuits. But, as we proved, we can win even despite the lies. If you want a chance to win your case then call the Law Office of Keith Short, 618-655-9499
Our firm handles a lot of car accident cases…a lot. We have also tried more car accident cases in the last 5 years than just about anyone else. And we win… a lot. The reason we’ve had to try so many cases is because we simply won’t let the insurance companies push our clients around. We won’t let our clients be forced to accept a settlement offer that’s lower than they deserve. We won’t let them bring in hired-gun experts to claim they can “prove” our client couldn’t have been hurt in the accident. We recently convinced a court to throw out one such expert who the court deemed not qualified to testify. Her opinion was pure junk, not real science.
We will do everything we can to quickly and efficiently settle your case. Frankly that’s the easiest way for a lawyer to make fast money. But, we will not settle your case if it’s not in your best interests. We’re ready to push towards trial and we will have you ready. Remember, often a good defense is a great offense. If you’re ready for a fight, you often don’t ever have to fight.
Just this week, three new clients were referred to us by other lawyers. Those lawyers know that we’re prepared to fight and win in every case. If you want that kind of representation then call us. The Law Office of Keith Short. 618-655-9499 or 618-254-0055.