Davis v Ameriserve

Plaintiff was injured while unloading a truck, suffering a Back and Neck injury in 1991. He was represented by other counsel until 2002. He had not drawn lost wage compensation since 2002. He was pai d for a 25% disability rating to his back in 2002. Plaintiff’s medical compensation claim remained open, although he did not receive treatment to his neck for many years. In 2012 he has a neck surgery which was not paid by workers compensation. In 2018 Plaintiff had a neck surgery which left him paralyzed from a post operative hematoma. This surgery was paid by worker’s compensation. We settled his claim for a substantial sum, including lost wages in the future, as well as medical and attendant care for life, even though Defendants claimed Plaintiff’s wage loss claim was barred by the statute of limitations. Plaintiff died shortly after settlement and his family received a substantial sum, although reduced from the original settlement, as medical and attendant care needs were no longer anticipated.