After representing thousands of clients across North Carolina our personal injury lawyers are proud of the successes that we’ve had on behalf of our clients. Many cases required us to file a lawsuit to get the best possible outcome for our clients. We believe that when we take a case we do so with the intent to take it from start to finish, which includes trial. The cases below are just a sample of the different types of cases our personal injury attorneys handle, including car accidents, medical malpractice, slip and falls, bar fights etc, as well as the results for those specific cases. Every case is different and case results depend upon a variety of factors unique to each case. The cases below are illustrative of the cases handled and do not include all of the cases handled by Rosensteel Fleishman. Every case is unique and prior results do not guarantee a similar outcome for future cases. Please contact us to discuss your specific case.
Most firms list their entire settlement history. This is irrelevant and misleading as the the law is constantly changing especially when dealing with available monetary damages to injured people. Below is a small representative sampling of actual Settlements and Verdicts obtained for our clients since 2011, the last time the law underwent a major change on damages:
Facts: Our client, a married man with two adult children was killed when his vehicle was struck by another vehicle. The Defendant blamed our client for causing the accident and claimed he was speeding and inattentive. Further, our client’s medical records noted he was on numerous medications and was instructed to not drive his vehicle by his doctor. The insurance carrier for the other driver denied liability. We disagreed and filed suit in State Superior Court.
Outcome: $1,915,000.00 (Settlement)
Facts: Our client, a married woman with minor children was killed when her vehicle struck another vehicle while going through an intersection. Unfortunately, there were no witnesses to the accident and the other driver claimed he had the green light. Further, the toxicology results of our client showed that her blood alcohol content (BAC) was beyond the legal limit and our client was considered legally intoxicated. The insurance carrier for the other driver denied liability. We disagreed and filed suit in State Superior Court.
Outcome: $2,300,000.00 (Settlement)
Facts: Our client, underwent a medical procedure wherein transvaginal mesh was inserted which resulted in numerous physical and medical complications. Initially the case was evaluated as a potential medical malpractice. After our medical review revealed that success under the current medical malpractice statute was questionable we changed course and pursued a products liability case against the manufacturer of the mesh. Along with co-counsel in a class action lawsuit, suit was filed in federal court.
Outcome: $1,056,000.00 (Settlement)
Facts: A drunk driver struck a car with four members of the same family. One family member was killed (and represented separately). The other family members suffered injuries (our clients). The defendant driver carried minimum limits coverage. After extensive investigation we were able to identify the bar where the drunk driver had been drinking. The insurance carrier for the bar denied liability. We filed suit in State Superior Court. After substantial discovery the bar tendered the policy limits of two million dollars rather than go in front of a jury.
Outcome: $2,200,000.00 (Total Settlement) $1,600,000.00 (to our clients) $600,000.00 (to separately represented estate)
Facts: Our client, a teenager, was shot and killed while at his friends house. There were multiple defendants and a criminal investigation regarding the incident. The insurance company for the home owner denied liability and argued coverage did not apply. We disagreed and suit was filed.
Outcome: $748,238.53 (Mecklenburg County Judgement and settlement)
Facts: Our client was in a single car accident in NC. The client was taken to a local hospital and admitted. He was released two days later however the radiologist misread the films prior to discharge. The client passed away three days after his discharge from the hospital. Hospital and radiologist argued death was unrelated to hospital stay.
Outcome: $1,000,000.00 (Settlement)
Facts: Our client was walking through a furniture store when she tripped and fell over an exposed pipe. The insurance company for the store denied responsibility claiming the pipe was open and obvious. We disagreed and filed a lawsuit. Through our investigation we tracked down individuals who were in the store who could serve as witnesses to the incident.
Outcome: $211,000.00 Settlement after lawsuit was filed
Facts: Our client went to a local emergency room with complaints of chest pain. Medical records reflect the patients complaints resolved in the ER and EKG was negative. The client returned home and passed of a heart attack 40 hours later. While the ER physician denied responsibility our pathology expert believed the damage to the heart began during the time of the ER visit.
Outcome: $600,000.00 Settlement
Facts: Our client was killed in a car accident on US-74 in Indian Trail, Union County. The claim was denied by the insurance company claiming the client was stopped in the road. The investigative report by the Union County Police and NC Highway Patrol found our client responsible for causing the accident. Our client’s car insurance company also found our client responsible and paid for the damage and injury to the other driver. We disagreed. A lawsuit was filed on behalf of the Estate and his wife in Union County against the other driver.
Outcome: $450,000.00 Settlement after lawsuit was filed
Facts: Confidential settlement of employment law issue.
Outcome: $850,000.00 Settlement after lawsuit was filed]
Facts: Our client was walking across Park Rd. in Charlotte when he was struck by a vehicle. The client suffered a fractured femur.
Outcome: $375,000.00 Settlement after lawsuit was filed
Facts: Client was on a moped in concord when a truck made a left hand turn in front of him resulting in a collision and a fractured jaw. The claim was initially denied by the insurance company. A lawsuit was filed in Cabarrus county. After two days of a jury trial in the insurance company settled the case.
Outcome: $155,000.00 Settlement after lawsuit was filed
Facts: Husband and wife were driving when the were struck by a trailer which had come loose from the vehicle it was attached to. The husband suffered fractures to his lower leg but made a full recovery
Outcome: $305,000.00 Settlement – the entire insurance policy
Facts: Car accident where the client was struck from behind and injured his knee. Following a period of conservative treatment the client was released by his doctor. There was no surgery or permanent injury noted.
Outcome: $169,000.00 Settlement
Facts: Young boy darted out into the road on his bicycle and struck by vehicle. The insurance company denied responsibility blaming the child. After the insurance company denied the case the parents hired our firm.
Outcome: $80,000.00 Settlement (the maximum insurance available)
Facts: The client was struck by a government vehicle when both vehicles entered an intersection at the same time. The client sustained a laceration to her head, a fractured rib, and a dislocated elbow. Liability was contested by the government as well as the injuries claimed by the client.
Outcome: $375,000.00 Settlement after a lawsuit was filed.
Facts: The client was drinking at a Charlotte bar when he had words with a number of other patrons. After the client left the bar the patrons followed him outside and struck him in the face. Bar and patrons denied responsibly and blamed our client.
Outcome: $118,000.00 Settlement after a lawsuit was filed.
Facts: Medical malpractice confidential settlement – limited facts allowed. Over a number of years the client had treated with numerous doctors but eventually treated with the offending doctor. Negligence was strongly denied.
Outcome: $500,000.00 Settlement
Facts: The client was a passenger in a vehicle driven by a family member in Charlotte over the Christmas holiday. The vehicle was in an accident resulting in an injury to the client. The client’s first lawyer dropped the case after the insurance company refused to pay.
Outcome: $100,000.00 Settlement – the entire insurance policy
Facts: Our client was driving when he was struck by a dump truck resulting in the amputation of my client’s leg. After an extensive investigation the insurance company agreed to accept responsibility.
Outcome: $350,000.00 Settlement- the entire insurance policy
Facts: The client was injured in a car accident in Charlotte. She had an extensive medical history including prior back problems for which she had received significant treatment.
Outcome: $100,000.00 Settlement – the entire insurance policy
Facts: Our client was leaving work in Kings Mountain to have lunch. He was riding his motorcycle. Another vehicle made a left hand turn in front of the client resulting the client attempting an evasive maneuver. The client clipped the back of the vehicle and was ejected from the bike. The client suffered traumatic injuries including the loss of his leg. The accident was investigated by the local police and the NC Highway Patrol. The client was found to be at fault as he was allegedly exceeding the speed limit by over 20MPH. Multiple witnesses claimed our client was operating at excessive speeds. The insurance company denied responsibility and claimed our client was contributorily negligent. We disagreed and filed a lawsuit.
Outcome: $433,000.00 Settlement after a lawsuit was filed
Facts: Our client was shopping in a local Charlotte grocery stores when she slipped on water. While the client did not suffer any broken bones her treatment last over one year but did not require any surgery. Our investigation revealed that the ice from a local display (in the vicinity of the fall) had melted.
Outcome: $155,000.00 Settlement
Facts: Our client was in a work vehicle when he was struck from behind. Our client suffered a neck injury for which he received immediate treatment. The client underwent a redo cervical fusion. Prior to the accident the client had injured his neck and underwent a cervical fusion. The insurance company denied that the accident was the cause of the client’s neck injury and need for re-do surgery. A lawsuit was filed in this case along with a worker’s compensation claim.
Outcome: $635,000.00 Settlement after lawsuit was filed (We also had the WC lien of $169,451.83 reduced to $0.0 after a Superior Court hearing
Facts: Our client, a young boy of 11 was sitting in a golf cart at a local golf course. The client started driving the golf cart and drove it into a parked vehicle. Suffering facial lacerations and fractures.
Outcome: $150,000.00 Settlement
Facts: Our client injured his back on the job lifting a piece of equipment while working for a national construction company. The Worker’s Compensation insurance company denied the claim, denying that our client sustained the injury on the job. We were forced to file for a hearing in front of the North Carolina Industrial Commission. After we won the hearing the insurance company appealed the case.
Outcome: $160,000.00 Settlement
Facts: Confidential settlement limited facts allowed – our client consumed alcohol and injured himself jumping into a pool.
Outcome: $450,000.00 Settlement
Facts: Our client injured her back and neck while working for an international corporation. The client had multiple surgeries and was ultimately unable to return to work.
Outcome: $245,000.00 Settlement (over and above all medical bills and wages)
Facts: Our client went to a local ER complaining of difficulty urinating, The catheter was placed incorrectly resulting in damage to the urethra. The ER denied responsibility claiming the damage was pre-exisiting. The client did have a prior incident at a different hospital involving a misplaced catheter.
Outcome: $120,000.00 Settlement
Facts: Our client was riding a moped in Charlotte when he ran into the side of a vehicle that was turning left. He stated to the officer that he had smoked marijuana prior to the accident. His blood was taken at the local ER and he tested positive for the same. The insurance company denied the claim blaming our client for the accident. The client was represented by another Charlotte personal injury attorney who referred the case to our office.
Outcome: $100,000.00 Settlement- the entire insurance policy
Facts: Our client was entering an intersection when a sanitation vehicle struck his truck resulting in a leg injury. Fault was heavily investigated by the insurance company.
Outcome: $250,000.00 Settlement- the entire insurance policy
Facts: Our client injured her knee on the job helping a client into a van. Another attorney’s office originally had the case but referred her to Rosensteel Fleishman for negotiation. The client had two knee surgeries and we were able to convince the Worker’s Compensation insurance company and its lawyer that the client had a significant risk for future knee problems.
Outcome: $100,000.00 Settlement
Facts: Our client injured his neck in a car accident when he was struck in the rear. The at fault driver did not have automobile insurance. There was no immediate treatment. Three days after the accident the client presented to a chiropractor. The client eventually head neck surgery. Questionable prior neck complaints.
Outcome: $128,000.00 Settlement
Facts: Our client, a single man, was struck by the defendant’s vehicle head on. The defense was unwilling to pay value on the claim. We filed suit in State Superior Court.
Outcome: $225,000.00 (Settlement – $100,000.00 entire policy from the insurance carrier and $125,000.00 from the defendant’s estate)
Facts: Our client injured her back in a motor vehicle accident. After a period of conservative care she stopped treating for six months as well as moved from Charlotte. After the six month gap she started treating again and had surgery on her back. The insurance carrier did not want to relate the surgery to the accident. We disagreed.
Outcome: $197,500.00 Settlement
Facts: Our client injured her foot during an argument with her boyfriend. Insurance company argued she contributed to her own injury. We disagreed.
Outcome: $100,000.00 Settlement- the entire insurance policy
Facts: Our client was crossing the street when he stepped out in front of a moving car. Injured his forearm. Case originally handled by another personal injury lawyer. That lawyer did not think a settlement was possible and withdrew from the case. We disagreed and thought the case had merit. We agreed to represent the client.
Outcome: $130,000.00 Settlement
Facts: Our client, a driver, was hit when entering an intersection. Our client fractured her femur. Liability was contested by the defense insurance carrier and defense counsel was hired. Defense counsel argued our client entered the intersection on a green light. We disagreed with the defense counsel and moved forward with the case.
Outcome: $360,000.00 Settlement
Facts: Our client, a driver, was hit from behind while on the job. Initially injured his back. After more than a month the notes reflect hand and wrist complaints. Insurance company did not want to pay for any medical treatment related to the client’s hand and wrist treatment, which just consisted of physical therapy and medication.
Outcome: $100,000.00 Settlement (We also had the Worker’s Compensation lien of $71,153.00 reduced to $0.0 after a Superior Court hearing was scheduled).