Case Results and Jury Verdicts

A representative sampling of the people helped by Kleinpeter & Schwartzberg, L.L.C. attorneys includes the following real cases.

Prompt Maximum Recovery for Head, Neck and Back Injuries to Passenger from Car Wreck

A 23 year old sales associate for Wal-Mart was a passenger in a vehicle struck on the left side by a vehicle that pulled out of a parking lot and drove across the highway without first making sure it was safe to do so. As a result of the crash, our client received injuries to her head, neck, and back, including cervical and lumbar strain, tension headaches and muscle spasms. She was treated by a health provider for more than four months and had several thousand dollars in medical bills. The accident occurred in September, 2006 and was settled in May, 2007. No matter how minor injuries may seem, our attorneys work hard to ensure that our clients receive the maximum recovery in the quickest time possible. Not all cases can be resolved this quickly, but this case was completed in less than eight months.

Full Compensation and Insurance Recovery in Accident with An Uninsured Motorist

In February, 2006, on a dry, clear evening at approximately 7:00 p.m., our clients, a West Baton Rouge Parish Sheriff's Office deputy and his wife, were driving on North Lobdell Drive at its intersection with Greenwell Springs Road. Our clients, who had a green light, were making a left turn onto Greenwell Springs Road when their vehicle was struck on the right side by a man traveling southbound on North Lobdell, who also claimed to have a green light. The investigating officer was unable to determine fault. The individual who hit our clients' vehicle was uninsured, so a claim was made under their uninsured motorist policy. Both clients were seen in the emergency room.

They required physical therapy for two months, and had an orthopedic consultation. The husband suffered cervical, thoracic and lumbar strain and injuries to his left shoulder and knee. He had previously had left knee surgery in 1994, but had recovered. His wife, in good health prior to the wreck, sustained cervical, thoracic and lumbar strain, injuries to both shoulders and chest, impact injury of her head resulting in headaches, and possible temporal mandibular jaw injury. The uninsured motorist insurance company made a partial settlement with our clients in December, 2006, and settled in full in May, 2007. Some people believe that they cannot make an insurance claim when the other driver at fault is uninsured, but our firm took the time to explain the law to our clients. They were able to fully exercise their legal rights under their uninsured motorist insurance policy and receive proper compensation.

Mental, Psychological and Quality of Life Damages Obtained for Injured Driver

A married older Dairy Manager was rear-ended in a four-vehicle accident in July, 2004. The posted speed limit on the road was 45 miles per hour, and the at fault vehicle is suspected of traveling at full speed before the accident. On impact our client was knocked unconscious briefly when his head hit the back panel of his truck. He was taken to the emergency room by ambulance. His most significant injuries were to his head, neck, right arm, and right knee. In addition, he suffered from headaches, memory loss and blurred vision for which he was treated by a neurologist, a neuropsychologist, and an ophthalmologist. He missed almost three weeks from work.

Our client testified that his quality of life was dramatically worsened from his injuries. His romantic and intimate relationship with his wife was affected. His hobbies had included yard work, gardening and hunting, all of which he was unable to participate in following the accident. The case couldn't be resolved prior to the one-year prescription deadline and a lawsuit was filed. After prolonged negotiation, the case was finally settled successfully one month before trial. There are many kinds of damages in an injury case which involve more than obvious physical injuries diagnosed by a physician. Enjoyment of hobbies and relationships with loved ones can be harmed as well. Our attorneys take the time to get to know each client to make sure they get full compensation for all the damages suffered in an accident.

Extensive Medical Treatment and Expenses Payment After Low Speed Impact

A young woman was backing out carefully from a parking spot at WalMart when her car was struck in the rear by another driver. She came to Kleinpeter & Schwartzberg for advice about the accident. Despite the low speed of impact, our client suffered injuries and significant pain to her neck, shoulders and lower back. The patient required 4 months of physical therapy, and medications to relieve inflammation and pain. Medical care included x-rays of the neck, shoulders and lower spine. On careful examination it was found she had also injured the area surrounding the jaw bones, the temporal mandibular joint. She received a dental consult and conservative treatment. This October 2006 accident was settled in May 2007, and our client received compensation for her injuries and all her accident medical care expenses were paid by the other driver's insurer. Even low speed car wrecks may have significant consequences, and require careful evaluation.

Compensation for Physical Injuries, Medical Costs, Wage Loss and Property Damage Resolved Quickly

A lab technician was traveling south on Sherwood Forest Boulevard on a clear day in the afternoon, when a car just ahead suddenly turned left out of a grocery store lot, crossed all the northbound lanes and struck his car in the middle of the driver's side, badly denting the door and spraying the inside of the car with flying glass from the shattered window. Our client quickly blew his horn and tried to avoid the other car in the seconds before impact, but could not leave his lane because of heavy traffic around him. Baton Rouge City Police immediately investigated the accident and determined the other driver was at fault. They issued a moving violation for failing to yield to him, and no ticket to the lab technician. The lab technician who had been injured and suffered serious damage to his car asked Kleinpeter & Schwartzberg for legal help.

He received medical treatment and physical therapy including moist heat, electrical stimulation, mechanical traction and ice packs. His symptoms of headache, neck and back pain, and a sore right shoulder resolved over a period of 6 months. The case has been settled and our client received compensation for his injury, lost wages for time missed at work, physical damage to his car, and medical care expenses related to the accident. Legal disputes about a car wreck may take a long time before they are finally settled, but when responsibility is clear and a client has good legal representation, a case may be resolved relatively quickly. Here the entire process was completed in 8 months.

Toxic Exposure Permanently Disables Tankerman

For fourteen months, a Hollywood Marine tankerman worked at Shell Oil Company’s (“Shell”) Norco, LA dock supervising the loading of hundreds of tons of liquid benzene concentrate on barges by other tankermen. The tankerman began to experience flu-like symptoms, headaches, dizziness, chills, and nausea a few months before the job concluded. He contacted attorneys who referred him to Kleinpeter & Schwartzberg, L.L.C. Suit was filed against Shell and other parties and over several years litigation took place, a trial occurred, and Shell was found totally at fault for the tankerman’s injuries. The court of appeal allowed all of the damages awarded as compensation to the tankerman for past medical expenses, future medical expenses, past lost wages, future lost wages, general damages, and medical expenses. The compensation for the tankerman’s injuries, which include brain damage, replaces the wages he would have made over his lifetime, grants money damages for his pain and suffering, and allows him to live his life with dignity and financial security. The case is reported at 664 So.2d 470, 94-590 (La. 5 Cir. 10/18/95).

Helping Safeguard A Disabled Child

A 9-year-old boy with spina bifida was supposed to be transported to and from his local public school in a specially equipped school bus. On three different occasions, the child fell out of his inadequate seat restraints and was bruised and injured. The local School Board claimed it was doing all it could. Kleinpeter & Schwartzberg attorneys filed an emergency proceeding to require that the School meet its duty to provide safe transportation for this child. Just before the hearing, the School Board agreed to add safety equipment and provide a special aide to help ensure the boy’s safety.

Dog Attacks Young Child; Family Receives Prompt Settlement

A poorly supervised dog bit a young boy in the face. Kleinpeter & Schwartzberg went to work immediately after the incident, conducting interviews, researching the dog’s past, and documenting the boy’s injuries. Our attorneys found convincing evidence of the dog owner’s fault, and were able to negotiate a prompt and fair settlement with the insurance company, avoiding further harm to the boy and his family from protracted legal proceedings.

Small Damage Car Wreck Causes Lasting Injuries

Kleinpeter & Schwartzberg’s client was waiting at a red light at the end of an exit ramp when a pickup truck hit her from behind. She was treated at the scene by EMS and taken to the hospital emergency room, where she was treated and released. She followed up the next day with her family doctor, who eventually referred her to an orthopaedist and a neurologist. Her headaches and neck pain continued. Her doctors were careful to document all of her injuries, and related her symptoms to the accident even though there was only $400 property damage. The other driver didn’t have much insurance, but the client had her own uninsured motorist (“UM”) insurance which was available to compensate her. The insurance company claimed the client couldn’t be badly injured because of the small property damage, but the doctors’ records and testimony proved them wrong. The case settled during trial.

Insurance Company Payment Delay Results in Substantial Recovery

A young driver with only a minimum $10,000 liability insurance policy crossed the center line and struck Kleinpeter & Schwartzberg’s client head on. The young driver was at fault and went to jail. Kleinpeter & Schwartzberg made sure their client, who had no personal health insurance, got the medical treatment he needed. The liability insurer delayed and refused to pay the $10,000 policy limit. By the time the insurer finally offered to pay what they owed, the attorneys at Kleinpeter & Schwartzberg recommended to their client that he go to trial instead. He won a judgment for full compensation. Kleinpeter & Schwartzberg then argued that the insurance company failed in its duty to properly settle for the policy limit and was therefore liable for the entire court judgment. After a fight in federal court, the insurance company settled in mediation for a substantial recovery.

Tire Rolls Off Truck, Hits Motorist

A tire rolled off the back of a truck and hit the front of the vehicle behind it. The driver of the vehicle lost control, went off the road, and hit a parked train car. The driver complained of neck, shoulder, and back injuries. He underwent surgery for a torn shoulder rotator cuff. He continued to experience pain and limited movement in his neck and back, though there were no significant MRI findings and no recommendation for surgery. The attorneys at Kleinpeter & Schwartzberg met with the driver’s doctors and impressed upon them the importance of carefully documenting all of the injuries. They asked each of the doctors for a medical report describing the nature, cause, and likely outcome of each separate symptom. As a result, the attorneys at Kleinpeter & Schwartzberg were able to settle the case to their client’s satisfaction less than a year after filing suit.

Not All “Slip and Fall” Accidents Are Alike

There was a time when if you were injured on someone else’s property, the property owner was almost always liable for your injuries. Not any more. The law has been changed so that you have to prove not only why you fell, and that you fell because of a defect or dangerous condition, but also that the property owner knew or should have known of the defect or dangerous condition. That’s hard to prove, especially in supermarkets and convenience stores. Even so, Kleinpeter & Schwartzberg has had success in helping clients injured in slip and fall accidents. In one recent case, a driving instructor tripped over an crack in her student’s driveway that was covered up by grass. In another, a woman tripped over a store parking bump that was split in two with wires sticking out. In another, a woman tripped over a basketball pole that was left in the aisle at a thrift shop. The lawyers at Kleinpeter & Schwartzberg look at every case individually, and are ready to help you if they can.

Nurse’s Exposure to Glue Fumes At Work Has Permanent Health Effects

A U.S. government nurse was at her work station and making rounds when she was overcome by adhesive fumes from a nearby room where new floor tile was being improperly installed by a contractor. The owner of the building and the tile installers both denied there was anything wrong with what they did, or anything wrong with the glue, or that the nurse was really injured, or that whatever injuries she had were caused by her brief exposure to the glue fumes. With the help of her doctors, Kleinpeter & Schwartzberg was able to convincingly establish the scientific link between the nurse’s exposure and permanent injury to her throat and voice. After twenty depositions, hours of testimony from doctors, and several hard-fought motions in court, a satisfactory settlement was reached first with one defendant and then, several months later, with the other.

Employees Harassed By Supervisors, Receive Compensation in Court

Kleinpeter & Schwartzberg has helped clients to win cases at trial involving a supervisor harassing an employee. In one case, a department store supervisor asked a salesperson who worked for her to help her illegally obtain stimulants without a prescription; when the salesperson refused, the supervisor began writing her up without cause, yelling at her, threatening her, and harassing her by phone at home, until the salesperson was forced to quit. The store denied any of this happened and denied it was responsible even if it did. Kleinpeter & Schwartzberg won the case at trial, and again on appeal. In the other case, a young female employee was sexually harassed by her male supervisor until she quit. The supervisor and his company denied anything happened, and the company denied it was responsible even if something did happen. Both made insulting accusations against the female employee. The trial lasted four days. The employee won. Cases of employment discrimination and/or employee harassment are complex and often very difficult to win. The lawyers at Kleinpeter & Schwartzberg are ready to help you if they can.