Store Trip and Fall – Six Figure Mediation Settlement

(NEWFront Entrance Mat at a StorePORT NEWS, Va.  March 28, 2017) Attorney C. Jerry Franklin successfully mediated a confidential six-figure settlement in a trip and fall case against a Peninsula store.  Testimony from former employees and independent witnesses regarding the history of the constantly moving entrance mats combined with expert testimony regarding the violation of ANSI standards and ADA regulations carried the day for our client.  Additionally, the client’s husband was able to take photographs of the dangerous condition a few days after the accident disproving the store’s contention that the moving entrance mats condition didn’t exist.

If you suffer injuries from a trip and fall accident, call Attorney C. Jerry Franklin at (757) 316-8888 for a Free Consultation.

Workers’ Compensation Settlement – 11% Increase in Average Weekly Wage

(NEWPORT NEWS, Va.  March 1, 2017) Attorney Rhett B. Franklin settled a contested workers’ compensation claim for $70,000.  Franklin successfully argued before the Commission that the employee’s average weekly wage should include an additional 11% of her base pay.  The employer paid  employees “wages in lieu of retirement,” and argued that the 11% payment was similar to a 401K payment that should not be included in the average weekly wage.  The issue turned on the fact that the 11% was treated by the employer as taxable income.  The 11% increase was significant since the claimant was a high wage earner.  The win allowed the claimant to collect a much higher temporary partial rate once she returned to the workforce and also increased the overall value of her full and final settlement.

If you have questions regarding your average weekly wage in a workers’ compensation case, call Attorney Rhett Franklin at (757) 316-8888 for a Free Consultation.

Rear-End Accident – Six Figure Mediation Result

NORFOLK, Va. (1/17/2017) Attorneys C. Jerry Franklin and Rhett B. Franklin won a significant six-figure settlement (specific figures and details subject to confidentiality agreement) for a rear-end accident occurring in Hampton on Mercury Boulevard.  The victim underwent a cervical fusion surgery (Anterior cervical discectomy with fusion) following the accident.   Subsequently, the victim had another non-auto accident and underwent a second cervical fusion.  The primary issue was whether the second surgery was related to either the original or subsequent accident.  Significant effort was placed into developing expert medical testimony to support the victim’s assertion that the second surgery was related to the automobile accident.  Franklin and Franklin was able to settle the case during an extensive all-day mediation.

If you are involved in a serious automobile accident, please contact Franklin & Franklin for a free initial consultation at (757) 316-8888.  Our attorneys are available 24 hours a day.  You can also use our Contact Form to reach us electronically.

$48,000 Drunk Driving Settlement – .17 BAC

HAMPTON, Va. (8/23/2016) Attorney Jerry Franklin obtained a $48,000.00 settlement in a drunk driving accident case in Hampton, Virginia.  The drunk driver had been drinking beer for about 10 hours at the Hampton Bay Days festival before he left after the fireworks. He had gotten as far as Pembroke Avenue and Armistead Avenue when he struck the victim when he made an erratic “lane change.”  The drunk driver attempted to pay the victim at the scene and asked her not to call the police.  Concerned for her safety when she recognized he was drunk, she called 911 and the Hampton Police arrived shortly thereafter.  The Hampton police officer immediately noticed a strong odor of alcohol coming from the defendant and began sobriety tests on the defendant.  The defendant failed all of the field tests and was arrested on suspicion of driving under the influence.  His blood alcohol content registered a .19 at the scene and later a .17 when subjected to an Intoxylizer examination.  The drunk driver was charged with a 2nd DUI within 10 years.

Franklin and Franklin sued the defendant for punitive damages as a result of his driving under the influence.  After extensive pre-trial action, the case settled at a court-ordered pre-trial settlement conference.  The $48.000.00 settlement consisted of the defendant’s $25,000.00 in liability insurance and the plaintiff’s own insurance carrier contributing to the settlement through the uninsured/underinsured coverage in her policy. 

If you or a loved one is injured by a drunk driver, call Franklin & Franklin at (757) 316-8888 to see what rights you have to collect punitive damages against negligent drunk drivers.

Pedestrian Crush Injury – Six-Figure Settlement

NEWPORT NEWS, Va. (7/23/2016) Attorney Jerry Franklin recently settled a serious personal injury case involving a pedestrian who was crushed by an automobile at a local municipal trash collection facility.  The negligent driver allegedly mistook his accelerator pedal for his brake pedal and ran into and crushed the plaintiff between his vehicle and the plaintiff’s vehicle.  The plaintiff was airlifted by Nightingale to Sentara Norfolk General and sustained life-threatening injuries.  The plaintiff traveled a long road to recovery, ultimately resulting in permanent disabilities.  As part of the six-figure settlement, the defendant agreed to contribute personal funds above and beyond his $250,000 in available automobile insurance coverage.  Franklin & Franklin was also able to maximize their client’s recovery by negotiating with both Medicare and her employer-based health insurance provider to reduce their substantial liens.  If you or a loved one is involved in a personal injury case with serious injuries or complex insurance issue, please contact Franklin & Franklin at (757) 316-8888, 24 Hours a Day for a free initial consultation.

Workers’ Compensation Death Settlement

NORFOLK, Va. (2/19/2016) Attorney Rhett B. Franklin won a significant settlement (figures subject to confidentiality agreement) for the widow of a dock worker who was fatally injured when he fell out of a defective loading dock door.  Video surveillance cameras provided inconclusive footage of what caused the worker to fall out of the door just as a trailer was attaching to the dock lock.  Also, because the decedent did not die at the scene, the death presumption in Virginia was not available to the claimant’s widow.  After extensive and exhaustive pre-trial hearings, the parties were able to resolve the litigation through mediation.  In addition to settling the underlying case, Franklin & Franklin was able to secure monies for a trust fund to pay for the worker’s surviving minor son and for his future needs. 

If you are involved in a serious workers’ compensation accident, please contact Franklin & Franklin for a free initial consultation at (757) 316-8888.  Our attorneys are available 24 hours a day.