Motor Vehicle Accidents
$2,200,000 – Commercial Truck Accident Causes Severe Injury
Combined recovery for two individuals seriously injured when a commercial truck driver fell asleep causing a multi-vehicular collision. Boughter Sinak immediately dispatched an accident reconstruction expert who took roadway measurements, drone footage, photos, video, and inspected the commercial truck involved in the collision. Given the seriousness of the injuries, the suit was immediately filed to maximize the recovery given the number of other people involved in the collision. Boughter Sinak aggressively pursued the claim, retaining multiple medical experts and a life care planner to estimate future medical care.
$1,725,000 - Truck Accident Leads To Surgery Resulting in Death
Recovery for the Estate of a woman whose vehicle was involved in a trucking accident. Client sustained a neck injury and after conservative treatment failed to address her injury, she underwent neck surgery. Unfortunately, the client suffered a dire complication following surgery, which was a known risk of the surgery that eventually led to her death. Liability was seriously contested, especially in light of the fact that there was little property damage to the client's vehicle. The defense argued that an accident with so little damage could not have possibly led to such a catastrophic injury. Nonetheless, through expert medical testimony, Boughter Sinak, LLC was able to establish causation linking the trucking accident to the neck injury and surgery. In addition, Boughter Sinak, LLC presented a compelling video of the decedent's widower, friends and the testifying medical expert.
$1,500,000 – Truck Accident Causes Back Surgery
Boughter Sinak represented the Plaintiff in a trucking accident who went on to need an invasive back surgery. The company denied the back surgery was related to the collision and claimed it was due to a pre-existing medical condition. The case was hotly contested, but after years of litigation, the claim successfully resolved at meditation.
$1,400,000 - Motorcycle Passenger Fatality
Recovery for the Estate of a young woman who was tragically killed while a passenger on the rear of a motorcycle that was struck by an automobile. Significant insurance coverage issues existed, including whether the Estate was entitled to coverage under an umbrella policy, which provided for $1,000,000.00. After extensive research of the coverage issues outlined in a memo to the insurer, the insurer for the umbrella policy tender its limits along with all other insurers who tendered combined additional limits of $400,000.00.
$1,400,000 Fracture Injury - Dump Truck Accident
Settlement pre-suit for a young woman who suffered a fracture of her tibia and fibula as a result of dump truck pulling out in front of her. Upon being notified of the incident, Boughter Sinak, LLC immediately retained an accident reconstructionist to conduct a site inspection and inspection of both vehicles involved in the crash. In addition, Boughter Sinak, LLC retained two additional experts, a vocational economist and a life care planner, which helped facilitate settlement without ever having to file a lawsuit.
$1,000,000 – Commercial Tow Truck Collision
Plaintiff sustained multiple injuries when she was struck by a tow truck that pulled directly into her path. The Defendant driver denied all fault for the collision, claiming that Plaintiff was driving in the wrong lane, which was untrue. Before retaining Boughter Sinak, Plaintiff had been previously represented by counsel who attempted to force Plaintiff into a settlement substantially below the value of the claim, which would have essentially left Plaintiff with no recovery. Boughter Sinak aggressively prosecuted the case, including retaining an accident reconstructionist, an independent medical expert and a life care planner. We also hired an Emmy Award winning videographer to do a day-in-the-life video demonstrating Plaintiff’s significant physical limitations due to her injuries. Upon receiving the demand, the defense folded and offered the maximum insurance proceeds available of 1 million dollars.
$950,000 – Fatal Truck Accident in Construction Zone
A commercial truck driver drove off an embankment and tragically died due to incorrect markings and improper design of the roadway construction site. The general contractor denied all liability. Boughter Sinak fought the general contractor tooth and nail in court, and after years of litigation, obtained the fair value of the wrongful death claim. To achieve this result, multiple depositions were taken of eyewitnesses driving ahead of and behind the commercial truck driver, as well as tracking down a witness who lived near the scene of the collision and offered compelling testimony favorable to the Plaintiff.
$800,000 – Fatal Motorcycle Accident in Construction Zone
A motorcyclist tragically died when he lost control of his motorcycle due to treacherous roadway conditions in a construction zone. The Contractor had denied all liability, claiming that the motorcyclist was at fault for failing to stay in the paved lane. Boughter Sinak retained an accident reconstructionist who determined the construction contractor failed to transition the roadway correctly and provide proper warnings.
$685,000 - Hit and Run Accident Involving Alcohol
Combined settlement for a young man who suffered massive injuries, including a traumatic brain injury, following a hit and run accident after he was dropped off by a shuttle service owned by a well-known club. Boughter Sinak, LLC argued the club violated Indiana law by serving the young man while he was visibly intoxicated after purchasing 120 shots of alcohol. We were able to establish through discovery that the Defendants' own employee handbook failed to provide any guidance whatsoever to its employees regarding Indiana law which prohibits the selling of alcohol to visibly intoxicated persons. In addition, we argued that the club assumed a duty to safely transport the young man to his residence and not drop him off in the middle of a dark street while he was unable to care for himself due to his state of severe intoxication.
The case was hotly contested, with the Defendants retaining multiple lawyers from four different law firms throughout Fort Wayne and Indianapolis, and included a separate declaratory action where the club's van insurer denied coverage and filed a Motion for Summary Judgment. The target defendant did not carry general liability insurance, adding difficulty to the resolution of the case. Notwithstanding, nearly a dozen depositions were taken, including the van driver, a waitress, club security, and other club personnel. Boughter Sinak, LLC retained a leading toxicologist from New York City to establish that the Plaintiff would have been exhibiting signs of intoxication well before being dropped off by the van and would have been unable to care for himself at the time he was dropped off. A physician from Indianapolis specializing in emergency medicine was retained to rebut any argument by the defense that Plaintiff's injuries could have occurred due to a third-party criminal attack since no one had actually witnessed the young man being struck by a vehicle. An economic expert, vocational expert and life care planner were also retained to assist in the prosecution of Plaintiff's claims.
Given the extensive work up of the case, Plaintiff's counsel was able to convince the van insurer to contribute substantially to the settlement of the claim. While the young man was uninsured at the time of the incident, Boughter Sinak, LLC successfully argued that his cousin's automobile insurance coverage applied because he resided with his cousin at the time of the incident. This resulted in a $100,000.00 settlement, representing full policy limits for uninsured coverage, under the cousin's automobile insurance policy. Notably, the Boughter Law Office was retained after a prominent Fort Wayne law firm was terminated by the Plaintiff as a result of their unsuccessful efforts in prosecuting the claim.
$680,000 - Government-Owned Truck Injures Woman
A county government-owned truck pulled directly into the path of a young woman resulting in serious fractures of her lower extremity. The government denied liability and argued that our client was contributorily negligent, thereby barring her claim. Boughter Sinak immediately retained an accident reconstructionist to investigate the circumstances surrounding the accident, as well as an independent medical expert to determine the long-term complications that will be associated with her serious injury. After extensive litigation, including depositions, Boughter Sinak was able to establish that the county employee was solely at fault for the subject accident, resulting in a recovery close to the statutory maximum. The settlement included an impressive $100,000.00 secured on behalf of her husband, who was not involved in the subject accident, for loss of consortium.
$475,000 – Head-On Car Accident
Plaintiff sustained multiple injuries when she was struck head-on by a vehicle. She had to be extricated from her vehicle and sustained life-threatening injuries, requiring an extended hospital stay. The defense denied the extent of her injuries. Boughter Sinak retained a medical expert and a life care expert to estimate her future medical needs. In doing so, the claim was successfully resolved without extended litigation.
$450,000 - Head-On Collision
Client was involved in a head-on collision with an excavating truck that was towing a Cat Skid Steer. The at-fault driver failed to yield to client's vehicle and made a sudden turn in front of her vehicle, resulting in the client suffering fractures to her leg and ankle. While the client made a good physical recovery, she was at risk for future problems with her lower extremity. Boughter Sinak, LLC retained an independent medical expert to give an opinion regarding the complexities of her injuries and the long-term prognosis. In addition, a life care expert was retained to provide a cost projection of future medical expenses. The client owed approximately $63,000.00 in medical bills. At mediation, the defense denied liability and offered only $135,000.00, which was promptly rejected. The battle waged on and months later Boughter Sinak, LLC was triumphant in securing the client the fair value of her claim.
$421,000 - Rear Ended by Semi Truck - Multiple Traumatic Injuries
A mother and father were traveling home with their young son, who was in a car seat, when a semi-tractor trailer driver became distracted and failed to stop, thereby forcefully rear-ending their vehicle. The truck driver initially denied liability and defended on grounds that the Plaintiff failed to keep a lookout in his rear-view mirror and could have avoided the accident. All three family members were seriously injured in the accident; however, they all made a good physical recovery with the child having no permanent injuries. Once a lawsuit was filed, Attorney Sinak flew to Wisconsin to take the deposition of the truck driver, who admitted he was distracted and rear-ended the Plaintiffs' vehicle. The truck driver further admitted that there was nothing the Plaintiffs could have done to avoid the accident. Once liability was locked in, the case resolved for the fair value of all claims at mediation.
$400,000 - Cyclist Struck by Company Truck
Settlement for a prominent chef in Fort Wayne, Indiana, who was struck by a supply company truck while riding his bicycle. The truck driver pulled from the stop sign directly into the path of the client, knocking him to the ground. The client suffered a head injury, which required a three-day hospitalization. Once released from the hospital, the client did not have any significant medical treatment. The medical bills totaled approximately $30,000.00; however, Boughter Sinak, LLC argued that the amount of the bills was not truly representative of the value of the claim given that the client lost his sense of taste and smell.
The defense contested the extent of the injuries, leading Boughter Sinak, LLC to send the client for a neuropsychological evaluation with an independent medical expert, which established that client had significant ongoing problems. At mediation, the defense offered a mere $90,000.00, which the client rejected on advice of counsel. Several months later, the case settled for the fair value of the claim short of trial.
$362,800 - Motor Vehicle Accident Resulting in Pelvic Fracture
In a rush to get to Rise & Role Bakery in Fort Wayne, a woman abruptly made a left hand turn directly into the path of our client's vehicle, causing him to sustain a fractured pelvis. Amazingly, the Defendant denied liability and the insurer refused to offer any money. Suit was filed and Boughter Sinak took the Defendant driver's deposition, solidifying that she never saw our client's vehicle prior to impact and that she had no explanation whatsoever for not seeing his vehicle. Even though liability was clearly established, the insurer still failed to offer the fair value of the claim. Boughter Sinak, in preparing the case for a jury trial, retained a visual litigation firm to develop a 3D video of our client's pelvic surgery and future hip replacement surgery. Shortly after, the case settled short of trial.
$350,000 – Fatal Motorcycle Accident
A mother tragically died while riding her motorcycle when she was hit by a driver who ran a red light. A lawsuit was filed and Boughter Sinak recovered the maximum available insurance proceeds on behalf of the family.
$325,000 - Traumatic Brain Injury at Flashing Yellow Light
Client was traveling eastbound on Dupont Road in Fort Wayne, Indiana when the at-fault driver failed to yield and made a left-hand turn against a yellow turn signal, causing a catastrophic impact. Client suffered a brain injury resulting in loss of consciousness and seizures following the accident, requiring a 5-day hospitalization. The insurer for the at-fault driver denied liability, arguing that our client was comparatively at fault for the accident and further disputed the extent of the injuries claiming that client made a full recovery following release from the hospital with little medical treatment.
Boughter Sinak filed a lawsuit and took the deposition of the at-fault driver. We were meticulous in our examination of the Defendant under oath and established that the Defendant did not know whether she had a flashing yellow or solid yellow light, that she did not know the difference between the two, that she never saw our client prior to impact, and that there were no obstructions to her view, thereby establishing that she was solely at fault for the accident. In addition, Boughter Sinak retained a renowned Neuropsychiatrist and Neurologist from the University of Chicago to serve as client's brain injury expert, who opined that while client made a good physical recovery, he was at risk for disproportionate injury in the future due to this accident. At mediation, the insurer made only one offer of $150,000.00, which was immediately rejected. A few months later, the case resolved for the fair value of the claim. Boughter Sinak negotiated and saved the client over $16,000.00 in his health insurance lien, thereby maximizing his recovery.
$300,000 - Negligent Operation of Forklift Resulting in Leg Fracture
Our client delivered a pizza oven to a local facility. As the employee of the facility took the oven off the rear of our client's trailer, he caused the oven to tip over and land on our client's leg. The facility denied liability, claiming our client assumed the risk of his injuries. A lawsuit was therefore filed. After taking multiple depositions which proved that the forklift operator was negligently trained and failed to control the forklift, the case settled for the fair value of the claim.
$300,000 – Fatal Moped vs. Car Accident
The family retained Boughter Sinak to represent the Estate of their loved one who tragically died when he was struck by a vehicle while riding a moped. The Defendant denied all liability, alleging the decedent was intoxicated. Boughter Sinak established that irrespective of the intoxication, the accident would not have happened but for the other driver’s negligence in making an improper turn. This represented the maximum recovery allowed under the Adult Wrongful Death Act.
$300,000 – Pedestrian Killed by Commercial Vehicle
A pedestrian was struck and killed while walking in an intersection at night. The police report claimed that it was the pedestrian’s action that caused the collision because the driver had the green light. The Defendant denied all liability. Boughter Sinak aggressively investigated the claim and determined that the commercial truck driver had THC in his system at the time of the crash, which is a violation of the Federal Motor Carrier Safety Regulations. In addition, Boughter Sinak immediately retained an accident reconstructionist who interviewed witnesses and investigated the scene of the collision. Despite a difficult fact scenario, Boughter Sinak still recovered $300,000.00 for the grieving family after another local law firm turned down the representation.
$298,000 - Semi-Truck Accident Causing Multiple Injuries
Our Indiana clients were traveling back to Indiana from their vacation home in Florida on I-75 in Georgia when a semi-tractor trailer struck another vehicle, causing a head-on collision with our client's vehicle. Unfortunately, the semi driver fled the scene and was unable to be captured by the State Police. Notwithstanding, our clients were able to recover the maximum value of their insurance proceeds for the wife and the fair value of the claim for the husband. Boughter Sinak negotiated all liens on behalf of the client, saving the clients tens of thousands of dollars.
$250,000 Rear-End Accident Causes Head and Brain Injury
Client was involved in a serious rear-end accident that resulted in multiple facial fractures and a delayed brain hemorrhage. Boughter Sinak aggressively worked the case up pre-suit and, within a few months of the accident, was able to recover the maximum under all policies of insurance.
$250,000 - Semi-Truck Accident Causing Torn Rotator Cuff
Client suffered a torn rotator cuff when a Semi-Tractor trailer failed to stop at a red light and sideswiped our client's vehicle. Boughter Sinak immediately sent an accident reconstructionist to the scene and inspected the tractor trailer. Our expert was able to establish that the truck driver never stopped for the red light, never slowed down prior to impact, and did not even apply the brakes until several seconds after impact. Based upon our accident reconstructionist's excellent work, we were able to settle this case pre-suit at mediation.
$250,000 - Motor Vehicle Accident Causing Multiple Injuries
Our client suffered multiple injuries, including several fractures, in a car accident through no fault of his own. Boughter Sinak was able to expeditiously resolve the claim for the maximum insurance proceeds without ever filing a lawsuit.
$250,000 – Car Accident Caused by Drunk Driver
Boughter Sinak recovered the maximum available insurance proceeds for a client seriously injured when he was struck by a drunk driver operating her vehicle the wrong way down a roadway. Boughter Sinak expeditiously resolved the claim without having to file a lawsuit and took a significant attorney fee reduction to assist the Plaintiff in maximizing his recovery. Boughter Sinak also significantly reduced the Plaintiff’s healthcare lien, saving the Plaintiff over $60,000.00.
$225,000 - Collision Ejected Motorcyclist Causing Injury
Our client was operating his motorcycle when a vehicle turned in front of him, thereby causing a violent collision that resulted in the client being ejected from his motorcycle and flipping over the vehicle, landing hard in the roadway. Client's health insurer initially denied paying any of client's medical bills, arguing that because the injury arose from a motorcycle accident, health insurance did not apply. When he retained Boughter Sinak, LLC, we warned the health insurer that in the event that they did not begin processing payment of his bills, suit will be filed. Shortly thereafter, all bills were processed through his health insurance, thereby saving the client tens of thousands of dollars. While the liability insurer for the at-fault driver denied the extent of client's injury, Boughter Sinak, LLC resolved the case for the fair value of the claim without ever having to file a lawsuit.
$185,000 - Winter Speeding Collision
Client was involved in a motor vehicle collision when the at-fault driver was traveling too fast for conditions and was unable to stop for a stop sign on a winter day thereby sliding through an intersection. Client did not present to an emergency room on the day of the accident but was seen several days later by her primary care physician who diagnosed her with neck pain, right wrist pain, back pain and headaches. Thereafter, she did not have any treatment for her right wrist until approximately 8 months later, and it was not until approximately 11 months later she was diagnosed with a ligament tear in her wrist necessitating surgery.
The Defendant denied liability and further denied that the wrist injury was causally related to the automobile accident. Boughter Sinak, LLC retained a medical expert who causally related the ligament tear and resulting surgery to the accident. In addition, Boughter Sinak, LLC retained an economist to estimate client's loss of future earning capacity claim. After lengthy litigation, the at-fault driver's insurer paid out $50,000.00, the maximum recoverable under the subject policy of insurance. Boughter Sinak, LLC made an underinsured claim under the client's policy of insurance and successfully negotiated an additional $135,000.00 in new money to settle the underinsured claim.
$135,000 - Railroad Crossing Collision
Client was stopped at a railroad crossing, waiting for a train to pass, when he was violently struck in the rear of his vehicle by a distracted driver, resulting in catastrophic property damage and serious personal injuries, including back and neck injuries for which he underwent months of treatment. The Plaintiff's medical bills totaled approximately $37,000.00. The insurer made an offer pre-suit that the client was inclined to accept; however, Boughter Sinak, LLC believed the offer did not represent the fair value of the claim and, therefore, the offer was rejected and a lawsuit was filed against the at-fault driver. Shortly thereafter, Boughter Sinak, LLC was able to resolve the claim for the fair value without defense counsel ever filing an appearance. Boughter Sinak, LLC diligently worked to reduce the outstanding medical bills and liens down to less than $7,000.00, allowing the client to maximize his recovery.
$110,000 - Violent Stop Sign Collision
Client suffered two broken legs when a driver ran a stop sign, causing a violent collision. Boughter Sinak, LLC secured the client the maximum recovery possible under all policies of insurance without the need for filing suit. Boughter Sinak, LLC vigorously negotiated reductions in the liens allowing the client to maximize her recovery.
$105,000 - Rolled Vehicle & Amputation
Client suffered a fingertip amputation and facial bruising when her vehicle was struck and rolled due to another driver's negligence. The at-fault driver's insurance company failed to make a reasonable offer of settlement pre-suit and Boughter Sinak, LLC would accept nothing less than the maximum liability insurance proceeds. Once suit was filed, the insurer caved and offered the full liability limits of $100,000.00, and an additional $5,000.00 was paid in medical payments coverage. The client was very grateful for our efforts and to this day keeps in contact with Mr. Boughter.
$100,000 - T-Bone Crash & Driver Negligence
Client was involved in a T-bone accident due to a driver's negligence in failing to stop for a red light. As a result, the client suffered extensive facial trauma, which fortunately healed with only minor scarring. The insurer failed to offer the fair value of the claim pre-suit, offering only $38,000.00. Boughter Sinak, LLC filed suit, and after litigating the claim for months, the insurer finally paid the fair value of the claim.
$100,000 - Red Light & Rolled Vehicle
Client was a passenger in a vehicle that was violently struck and rolled several times due to another driver running a red light. Client suffered a catastrophic hand injury. Boughter Sinak, LLC recovered the client the maximum available under all policies of insurance and negotiated significant reductions in medical bills, which totaled over $200,000.00, allowing the client to still make a substantial monetary recovery.
$100,000 - Vehicle Collision Causes Fractures and Head Injuries
Client was a passenger in her boyfriend's vehicle that was rear-ended on Lima Road, catapulting their vehicle into the air and causing it to roll over in the opposite lane of travel. The insurer for the at-fault driver disputed liability, claiming that the driver of our client's vehicle was negligent in changing lanes directly into the front of their insurer, thereby causing the collision. Client suffered multiple rib fractures, pelvic fracture, and a head injury. Boughter Sinak aggressively worked the case up pre-suit and the insurer caved, offering the maximum liability limits under its policy of insurance.
$100,000 - Automobile Accident & Policy Limits
Boughter Sinak, LLC recovered the maximum insurance limits for a client T-boned by another driver who failed to yield the right of way.
$100,000 Passenger Injury in Car Accident
Settlement, representing full policy limits, for a young woman injured when the car in which she was a passenger was traveling at a high rate of speed and lost control and flipped on its side. Boughter Sinak, LLC immediately retained Affidavits from various witnesses and was able to settle the case without filing a lawsuit.
$100,000 - Motorcycle Accident, Policy Limits
Boughter Sinak, LLC recovered the maximum available under the at fault driver's auto policy. The at-fault driver did not see the motorcyclist and turned directly into his path of travel. The insurer did not initially accept liability because witness testimony suggested that the motorcyclist was speeding. Notwithstanding, Boughter Sinak, LLC convinced the insurer to tender the limits short of filing a lawsuit.
Work Injuries
$3,000,000 - Premises Liability - Catastrophic Spinal Injury
Recovery for a young man who suffered a catastrophic spinal injury as the result of a pipe falling on his head due to the negligence of a third-party contractor, causing paraplegia. The defense argued unsuccessfully that the client's exclusive remedy was the workers' compensation act. Notably, two other prominent personal injury law firms from Indianapolis turned down the case because they were convinced that the Plaintiff's claims would likely fall within the exclusive purview of the Workers' Compensation Act.
$1,250,000 - Product Liability - Failure to Maintain Forklift - Below Knee Leg-Amputation Injury
Settlement for a 27-year-old man who suffered a below the knee leg amputation as a result of forklift accident while working within the course and scope of his employment. Upon being retained, Boughter Sinak, LLC immediately filed suit against the manufacturer of the forklift and the forklift maintenance company along with filing a Motion for Protective Order to Preserve Evidence.
Boughter Sinak, LLC retained a national forklift expert from Los Angeles, California who after inspecting the forklift determined that the maintenance company deliberately disengaged a main safety feature of the forklift to prevent the foot pedals from locking up while being operated in below freezing temperatures. This action prevented the forklift from immediately stopping when the young man's foot was taken off the pedal, leading to his foot being crushed in between the forklift and a steel bollard.
Boughter Sinak, LLC aggressively prosecuted the case, advancing over $60,000.00, and taking depositions of multiple representatives and fact witnesses of the Defendants, as well as deposing experts in California, Oregon, Illinois, Indiana and Arkansas. In addition to a forklift expert, Boughter Sinak, LLC retained a vocational economic expert and a life care planner to evaluate the Plaintiff's damages. Boughter Sinak, LLC successfully represented the Plaintiff in his workers' compensation claim as well and negotiated waiver of the workers' compensation lien of more than $100,000 in its entirety.
$726,000 - Product Liability - Industrial Machine Malfunction
A young, married father of four suffered a crush injury to his hand when the machine he was working on malfunctioned. The manufacturer denied all liability and litigation ensued over a period of 5 years. Boughter Sinak retained an industrial machine expert who held a PH.D. in Robotics Systems and had designed and patented multiple machines, including those used in the NASA space station. Mr. Boughter aggressively worked up the case, taking 12 depositions, and got several of the manufacturer's engineers to admit that the machine malfunctioned. This was critical information and combined with our expert's report established that a design defect caused the subject incident. In addition, Boughter Sinak retained a life care expert to estimate the cost of the client's future medical care. After years and years of denying any responsibility and faced with our expert's findings, the case settled at mediation for a total recovery between the worker's compensation case and third-party claim totaling $726,000.00.
$600,000 – Product Liability – Commercial Equipment
Boughter Sinak was retained to represent the family of a loved one killed while working with commercial equipment. Boughter Sinak retained an engineering expert and biomedical expert to establish that the product was defective, and the manner of death was proximately caused by the defect. The defense had competing experts who claimed the accident could not have happened in the manner theorized by Plaintiff but rather by misuse of the equipment. After years of litigation, the claim successfully resolved at mediation.
$344,519 - Third-Degree Chemical Burns
Workers' compensation settlement for a man injured in a chemical explosion resulting in severe 3rd degree burns covering 39% body surface area.
$290,000 - Chemical Explosion Causing 3rd Degree Burns
Client suffered 3rd degree burns over their bodies due to a chemical explosion at work. While the employer and chemical company blamed the employees for the accident, alleging they failed to follow procedure, Boughter Sinak, LLC retained a packaging expert and established the chemical company was partly at fault for the accident because the packing of the chemical could have been safer. Over a dozen depositions were taken and the Defendants filed a Motion for Summary Judgment asking the Court to dismiss the case as a matter of law. Due to our aggressive representation, we were able to resolve the claim for the fair value taking into consideration all parties' negligence, thereby foregoing a ruling on the Motion for Summary Judgment.
$255,000 - Injured Nursing Assistant Unable to Return to Work
Recovery for a certified nursing assistant who tripped and fell at her patient's home. The patient's daughter had placed a box directly outside of her bedroom and the client tripped over the box injuring her shoulder. Unfortunately, the 56-year-old CNA, was unable to return to her job because she could not lift over one pound given the lack of strength in her upper extremity. The defense contested liability; however, a deposition of the defendant revealed that the CNA had worked at that home for 6 years and never before did the daughter ever place anything directly outside the bedroom door. Boughter Sinak, LLC retained a vocational economist who opined that there was no reasonable employment given her shoulder injury. After litigating for nearly one year, the case settled at mediation. In addition, Boughter Sinak, LLC recovered $70,000.00 plus all medical bills paid for the client for a total payout of over $345,000.00.
$232,880 - Chemical Explosion Injuries
Client suffered burns to his upper body as a result of an explosion while working within the course and scope of his employment. Boughter Sinak, LLC recovered the client all benefits he was entitled to under the Workers' Compensation Act, including negotiating lifetime medical benefits and benefits for the permanency of his injuries.
$215,000 – Workers’ Compensation Claim for Scaffolding Fall
Plaintiff fell off scaffolding while working and sustained a low back injury. Boughter Sinak retained a vocational economist to opine that the Plaintiff would not be able to return to any gainful employment, enabling the Plaintiff to settle this permanent total disability claim for nearly the maximum available under Indiana law.
$175,000 - Lifting Apparatus Fall
Wrongful death settlement for a 39-year-old man killed when a lifting apparatus fell on him while he was working within the course and scope of his employment. While there was a significant dispute over whether the decedent failed to place pins in the apparatus, leading to the apparatus falling, the Plaintiff was able to demonstrate that within days after the accident the Defendant had come up with a new design, which did not require the use of pins. The defense argued this was a subsequent remedial measure and, therefore, inadmissible; however, Boughter Sinak, LLC argued that it was, in fact, admissible to show the feasibility of the design concept. The Decedent was a Mexican national and being fluent in Spanish, Mr. Boughter was able to communicate with the decedent's family in Mexico, which helped facilitate a fair and timely resolution of the family's claims.
$160,000 - Below-Knee Amputation
Client suffered a below the knee amputation as a result of his leg being crushed by a tractor while at work. Boughter Sinak, LLC successfully recovered all benefits client was entitled to under Indiana law, including negotiating the maximum value for his amputation, plus costs to cover future medical expenses and preserving his right to replacement prosthetics pursuant to the Workers' Compensation Act.
$150,000 - Scissor Lift Fall
Client suffered multiple injuries at work when he fell from a scissor lift. After a prior law firm was unsuccessful in representing the client, the client put a "fighter on his side." While the value of client's permanency rating totaled a mere $12,600, Boughter Sinak, LLC aggressively represented the client and secured a settlement nearly 12 times the value of his rating.
$135,295 - Shoulder Injury From Defective Grate
Client suffered a shoulder injury as the result of stepping on a defective grate on the premises of a third party while working within the course and scope of his employment. The landowner denied liability and suit was filed. Boughter Sinak, LLC aggressively represented the client enabling him to recover over $55,000.00 in workers' compensation benefits and $80,000.00 in his premises liability action for a combined monetary recovery of just over $135,000.00.
$132,500 - Premises Liability - Forklift Accident
While working at her job operating a forklift, our client hit an uneven piece of concrete causing her body to jolt up and down in the seat, resulting in a low back injury. The premises owner denied liability and filed a Motion for Summary Judgement seeking to dismiss our client's case as a matter of law. Undeterred, Mr. Boughter flew to Boston, MA to take the deposition of the landowner's corporate representative. Through his testimony, we were able to establish that the landowner knew of the dangerous condition of the loading dock area and failed to repair it. After several years of litigation and after losing on summary judgment, the Defendant paid the fair value of the claim within 2 weeks of the jury trial.
$125,000 - Construction Site Fatality
Settlement in a wrongful death construction case. While working within the course and scope of his employment, a heavy equipment attachment fell on the decedent striking him in the head causing his untimely demise. Boughter Sinak, LLC sued the general contractor, alleging that it failed to monitor the safety of its sub-contractors, which contributed to the accident. While the majority of the fault was likely to be attributed to the employer and there was a serious dispute over whether the claims would be dismissed as a matter of law, Boughter Sinak, LLC was still able to negotiate a successful resolution of the case, which enabled the decedent's two children to receive compensation to help with their future life endeavors. Prior to retaining Boughter Sinak, LLC, another attorney had declined representation of the family given the difficulty of the case and the unlikelihood of any recovery.
$100,000 - Back Injury
Worker's compensation settlement for a young woman who injured her back at work. Defendant's insurer denied surgery recommended by Plaintiff's treating physician. Boughter Sinak, LLC retained two Independent Medical Experts who opined that Plaintiff required surgery. Following the first surgery, Plaintiff was released from care at maximum medical improvement, but continued to have problems. It was believed the first fusion was unsuccessful and that Plaintiff needed a second surgery. Boughter Sinak, LLC took the worker's compensation physician's deposition, during which the physician agreed that it would be prudent to take additional radiographs to see if the fusion had, in fact, fully fused. Shortly thereafter, Defendant authorized a second fusion surgery, which the Plaintiff underwent.
$90,000 - Machine Defect & Amputation
Client suffered an amputation of two fingers when his hand got smashed in a machine due to a defect. Boughter Sinak, LLC secured the client all benefits he was entitled to under the Workers' Compensation Act, including an amount in excess of the value for his amputation. Boughter Sinak, LLC is currently litigating a third-party product liability claim against the manufacturer of the alleged defective machine.
$82,500 - Desk Chair Injury
Settlement for a woman who while attempting to sit down in her chair at work, fell face forward hitting her head on her desk because the carpet underneath her chair had bunched up and caught the wheel of her chair. Boughter Sinak, LLC represented the client in both her workers' compensation and third-party claim against the landowner for failure to maintain its premises in a reasonably safe condition. Liability was strongly contested with the landowner arguing that it was the responsibility of the Plaintiff's employer, State of Indiana, to provide chair mats to prevent the chair from getting caught on the carpet. However, after extensive discovery, it was learned that the floor had been damaged due to water intrusion, which contributed to the poor condition of the carpet. In addition, we were able to demonstrate that the Defendant's argument that it was the State's responsibility to provide chair mats was tenuous at best since immediately after the accident, the landowner purchased chair mats.
Confidential Settlement - Quarry Blasting Accident
Client was at work at a rock quarry, stationed in a designated safe zone, when a blasting company set off a blast at the quarry. The blast caused a large limestone rock to crash through the roof/windshield of the truck the client was sitting in, resulting in an open comminuted fracture of the client's leg. The blasting company denied any wrongdoing and attempted to pass blame on to the owner of the rock quarry. Boughter Sinak, LLC filed suit and argued that the blasting company was strictly liability in tort under Indiana law for our client's injuries irrespective of any fault on the owner of the rock quarry.
Boughter Sinak, LLC retained multiple experts, including a renowned blasting expert from Pennsylvania, as well as medical expert. After aggressively prosecuting the case for nearly two years, including the taking of multiple depositions of the blasting company's personnel and employees of the rock quarry owner, the case went to mediation but the Defendant failed to offer the fair value of the claim. Likewise, the offer at mediation was rejected. We continued to fight for the client and months later successfully reached a confidential settlement representative of the fair value of the claim.
Premises Liability
$3,000,000 - Premises Liability - Catastrophic Spinal Injury
Recovery for a young man who suffered a catastrophic spinal injury as the result of a pipe falling on his head due to the negligence of a third-party contractor, causing paraplegia. The defense argued unsuccessfully that the client's exclusive remedy was the workers' compensation act. Notably, two other prominent personal injury law firms from Indianapolis turned down the case because they were convinced that the Plaintiff's claims would likely fall within the exclusive purview of the Workers' Compensation Act.
$575,000 – Premises Liability – Apartment Complex
Plaintiff was seriously injured at his apartment complex when a step broke as he was descending the stairs. The apartment complex denied all liability and a lawsuit was filed. Boughter Sinak retained an engineering expert who analyzed the step and determined that the step did not comply with the building code. Boughter Sinak also retained an independent medical expert and vocational expert to opine regarding the Plaintiff’s injuries and damages. After multiple depositions and establishing the true nature and extent of Plaintiff’s damages, the claim was successfully resolved at mediation.
$550,000 – Premises Liability – Industrial Complex
Plaintiff was struck by commercial equipment at an industrial complex. The Defendant denied the manner in which the accident happened and claimed that Plaintiff’s injuries were the result of an unrelated accident. At the first mediation, the defense offered $10,000.00, claiming they had a star witness that would completely rebuff Plaintiff’s claims. Boughter Sinak aggressively prosecuted the claim, taking nearly a dozen depositions, retaining the foremost mechanical engineering expert in the U.S., an independent medical expert, a biomechanical expert and a vocational economist. After getting the defense’s “star witness” to admit that he lied on his employment application and was previously convicted of theft, the defense withdrew the witness. Given the aggressive prosecution of the case by Boughter Sinak, the case settled at a second mediation.
$456,000 – Premises Liability – Industrial Complex
Plaintiff was struck by commercial equipment on the premises of an industrial complex, sustaining personal injuries. The defense denied all liability, claiming it was Plaintiff’s fault for not being careful of his surroundings. Boughter Sinak retained an industrial engineering expert to establish that the premises owner failed to adhere to several industry standards in maintaining the equipment. In addition, Boughter Sinak retained a vocational economist and an independent medical expert to opine regarding the extent of Plaintiff’s injuries and damages.
$350,000 – Premises Liability – Fatal Burn Injuries
Plaintiff fell drunk into a bathtub filled with scalding hot water due to a defective water heater and died. Boughter Sinak retained an engineering expert and took multiple depositions, including of the maintenance personnel of the premises owner who admitted that the water would run hot. During the first mediation, the defense only offered $25,000.00, which Boughter Sinak promptly told the family to reject. After a second mediation, the case settled for the fair value.
$300,000 – Premises Liability – Slip and Fall
A patron slipped and fell inside the premises of an establishment. Through depositions, Boughter Sinak established that an employee of the establishment violated the establishment’s policy with respect to cleaning the floor. Boughter Sinak retained a life care expert and a vocational economist to determine the extent of Plaintiff’s damages. After years of litigation, the claim was successfully resolved at mediation and provided Plaintiff ample funds for the additional medical treatment he desired.
$275,000 - Pothole Slip & Fall
Recovery for a young man who suffered a fracture of the lower extremity requiring surgery when he tripped and fell in a pothole in the parking lot of his apartment complex. The Defendant denied any liability for the injury claiming the client was aware of the pothole and should have avoided. Likewise, Boughter Sinak, LLC filed suit and took multiple depositions of the Defendant's employees, including the property manager who admitted that she considered the pothole a hazard and it should have been fixed. Boughter Sinak, LLC retained a medical expert.
$255,000 - Trip and Fall Over Box-Injured Nursing Assistant Unable to Return to Work
Recovery for a certified nursing assistant who tripped and fell at her patient's home. The patient's daughter had placed a box directly outside of her bedroom, and the client tripped over the box injuring her shoulder. Unfortunately, the 56-year-old CNA was unable to return to her job because she could not lift over one pound given the lack of strength in her upper extremity. The defense contested liability; however, a deposition of the defendant revealed that the CNA had worked at that home for 6 years and never before did the daughter ever place anything directly outside the bedroom door. Boughter Sinak, LLC retained a vocational economist who opined that there was no reasonable employment given her shoulder injury. After litigating for nearly one year, the case settled at mediation. In addition, Boughter Sinak, LLC recovered $70,000 plus all medical bills paid for the client for a total payout of over $345,000.
$230,000 - Slip and Fall on Ice at Doctor's Office
Our client suffered a fracture of her ankle when she slipped and fell on black ice at a doctor's office in Fort Wayne that ironically treats people for broken limbs. The responsible parties refused to acknowledge liability and suit was filed against the doctor's office and snow removal company. After multiple depositions and a year of litigation, the case settled at mediation against the snow removal company. The doctor's office, however, failed to make a reasonable offer of settlement at mediation and the offer was, therefore, rejected. Faced with the realization that Boughter Sinak were ready to take the case to trial, the doctor's office eventually came around and increased its offer that was made at mediation by $120,000.00 resulting in a combined settlement of $230,000.00, representing the fair value of the claim.
$120,000 - Shot in Bar Parking Lot
Settlement in a third-party criminal attack case where a man was shot in the leg in the parking lot of a local bar. Boughter Sinak, LLC argued that the bar failed to provide adequate security and lighting in the parking lot. After extensive investigation, Boughter Sinak, LLC was able to establish that several other prior criminal attacks had occurred at the bar, including a prior shooting. Likewise, Boughter Sinak, LLC was able to convince the insurer to settle the claim without having to file a lawsuit.
$112,500 - Wet Floor Slip & Fall
Settlement for a slip and fall at a national donut chain restaurant. The Plaintiff slipped and fell on a puddle of water inside the store as he was going to place an order for a free coffee. As a result, he suffered a neck injury, which required pain management. After litigating for nearly one year and obtaining an Affidavit as to causation from Plaintiff's treating physician, as well as an estimate from a certified life care planner regarding future medical care, the case was successfully resolved at mediation.
$100,000 - Pitbull Attack on Child
Settlement for a dog bite attack. While at a friend's house, a pitbull suddenly and without provocation attacked a three-year-old girl, latching on to her chest wall causing severe injury. Boughter Sinak, LLC argued that the owner of the dog failed to supervise or otherwise control the dog, which led to the attack. The settlement represented Allstate's full policy limits for the Defendant and was obtained without filing a lawsuit.
Other Personal Injury Cases
$685,000 - Injured While Intoxicated
Combined settlement for a young man who suffered massive injuries, including a traumatic brain injury, following a hit and run accident after he was dropped off by a shuttle service owned by a well-known club. Boughter Sinak, LLC argued the club violated Indiana law by serving the young man while he was visibly intoxicated after purchasing 120 shots of alcohol. Boughter Sinak, LLC was able to establish through discovery that the Defendants' own employee handbook failed to provide any guidance whatsoever to its employees regarding Indiana law which prohibits the selling of alcohol to visibly intoxicated persons. In addition, Boughter Sinak, LLC argued that the Club assumed a duty to safely transport the young man to his residence and not drop him off in the middle of a dark street while he was unable to care for himself due to his state of severe intoxication.
The case was hotly contested, with the Defendants retaining multiple lawyers from four different law firms throughout Fort Wayne and Indianapolis and included a separate declaratory action where the club's van insurer denied coverage and filed a Motion for Summary Judgment. The target defendant did not carry general liability insurance, adding difficulty to the resolution of the case. Notwithstanding, nearly a dozen depositions were taken, including the van driver, a waitress, club security, and other club personnel. Boughter Sinak, LLC retained a leading toxicologist from New York City to establish that the Plaintiff would have been exhibiting signs of intoxication well before being dropped off by the van and would have been unable to care for himself at the time he was dropped off. A physician from Indianapolis specializing in emergency medicine was retained to rebut any argument by the defense that Plaintiff's injuries could have occurred due to a third-party criminal attack since no one had actually witnessed the young man being struck by a vehicle. An economic expert, vocational expert and life care planner were also retained to assist in the prosecution of Plaintiff's claims.
Given the extensive work up of the case, Plaintiff's counsel was able to convince the van insurer to contribute substantially to the settlement of the claim. While the young man was uninsured at the time of the incident, Boughter Sinak, LLC also successfully argued that his cousin's automobile insurance coverage applied because he resided with his cousin at the time of the incident. This resulted in a $100,000.00 settlement, representing full policy limits for uninsured coverage, under the cousin's automobile insurance policy. Notably, Boughter Sinak, LLC was retained after a prominent Fort Wayne law firm was terminated by the Plaintiff as a result of their unsuccessful efforts in prosecuting the claim.
$360,000 - Jet Ski Injury
Settlement for a woman severely injured while being towed on an inner-tube by a jet ski on Lake Oconee near Atlanta, Georgia. The operator of the jet ski went too close to shore, causing the Plaintiff to hit rocks and hydroplane into a tree. Plaintiff had to be life-flighted and suffered a fracture of her ribs and forearm. At the time Boughter Sinak, LLC was retained, the Defendant's insurer had only offered $125,000.00. Boughter Sinak, LLC immediately retained an independent medical expert and a vocational economic expert to assess the Plaintiff's damages. The case went to pre-suit mediation and the Defendant offered $300,000.00, which Boughter Sinak, LLC advised the Plaintiff to reject. Once suit was filed in federal court in Atlanta, the insurer immediately increased its offer to $360,000.00, at which time the Plaintiff accepted to avoid protracted litigation.
$350,000 - Mistreatment & Death of Inmate
Settlement against the Allen County Sheriff's Department for the wrongful death of an inmate who died as a result of the jail staff's failure to monitor and treat delirium tremens (severe alcohol withdrawal). At the time the lawsuit was filed, it was believed that the decedent died as the result of blunt force trauma resulting in a brain hemorrhage. However, after extensive discovery, including obtaining the jail's medical records and consulting with a medical expert, it was later determined that Plaintiff died as the result of a massive stroke due to the failure to treat Plaintiff's severe alcohol withdrawal. This is believed to be the largest settlement ever against the Allen County Sheriff.
$205,439 - Nursing Home Negligence - Untreated Hematoma
Boughter Sinak, LLC was retained by the family of an elderly woman who died as the result of suffering a subdural and subarachnoid hematoma due to an alleged fall at a nursing home. Her family was not told of the fall, which caused an egg-sized hematoma on the back of her head. She was rushed to the hospital with slurred speech and facial drooping. Nursing home administrators later told the family that the decedent died of a stroke. Boughter Sinak, LLC investigated the facts and circumstances surrounding the death and determined that another resident with Alzheimer's assaulted the elderly woman. The nursing home denied any wrongdoing; however, it was established that the nursing home failed to take reasonable precautions to prevent the attack.
$80,000 - Bagel Divider Defect
Settlement against a well-known national restaurant and bakery. While eating a bagel, the client felt her throat being cut by a sharp object, later determined to be hard plastic. After extensive investigation, discovery revealed that the bagel divider was defective and would break leaving sharp pieces of hard plastic cooked throughout the bagel. Significantly, the bagel divider had broken on prior occasions allegedly causing injury to at least one other customer. Notably, prior to retaining Boughter Sinak, LLC a prominent Fort Wayne law firm represented the Plaintiff for many months and then withdrew from the case because they could not get the claim resolved pre-suit.
Important Disclaimer
The foregoing case examples and results are for informational purposes only. Past results cannot guarantee future performance. Any testimonial, endorsement or result in any single particular case does not constitute a promise or guarantee regarding the outcome of any other case. Boughter Sinak, LLC works aggressively to obtain the very best result for every client; however, each case is different with its own set of unique facts and the laws of the jurisdiction where the lawsuit must be filed. Likewise, results will always be different from case to case. For that reason, the result that Boughter Sinak, LLC obtained in one case is in no way a guarantee that the same or similar result will occur in any future case.
