$2.5M Settlement | Premises Liability | New York

This case involves a delivery driver who was injured while making a delivery in Rockland County, NY. After the driver backed his truck up to the loading dock, he exited his vehicle and proceeded to the warehouse to speak with an employee rep. The driver checked in with an employee and then stood at a nearby podium filling out his paperwork, as heavy merchandise was unloaded from his truck using a forklift. The operator of the forklift knocked over a pallet, weighing over 500 pounds, which fell onto the delivery driver’s right foot. 

The delivery driver developed complex regional pain syndrome in his right leg and foot, which resulted in severe pain and discomfort, abnormal sensitivity, restricted motion, and loss of mobility. 

Our Mission

Attorney Brian Acard brought TTS onto the case so he could fully understand the extent of damages suffered by his client. TTS Biographer Sarah Lunham visited the claimant at his home and spoke with him at length about his life prior to the date of accident. Sarah used this information to highlight changes in the man’s life caused by pain and discomfort and loss of mobility. Attorney Acard used the Biography to map out his case strategy. He believed he needed a strong Settlement Presentation to show defense counsel in order to maximize recovery for his client. Additionally, Attorney Acard used TTS to conduct various investigations – including background checks, DMV searches, ISO Claimsearch, Verdict Searches, Social Media Investigations, and much more.

Incident Location

Hear From the Trial Lawyer

"I asked Total Trial Solutions to produce a short documentary/biography film for presentation at the mediation of this case. The staff left no stone unturned, and managed to conduct on film interviews with family members, childhood friends, and co-workers who I may not have otherwise known about. Total Trial Solutions created a professional and emotional film which actually brought tears to the eyes of those attending the mediation. The result was a multi-million dollar settlement which could not have been achieved without the hard work of Total Trial Solutions."
Brian Acard
Trial Attorney

Our Work

Total Trial Solutions worked with our partner attorney for over two years on the case. Here is a quick summary of the work we performed. 

Client Biography

It was important to Attorney Acard to identify all the damages in this case, and for that reason he chose to have a Client Biography put together by professional journalist Sarah Lunham. Sarah met with the injured party and his wife in their home over the course of several hours. She gathered information and evidence to support his former lifestyle, activities, and contributions to home and family. Sarah crafted a “before story” which laid the foundation for identifying changes in the man’s life post injury. Sarah used lay witnesses in the man’s life to help tell the “after story.” She spoke with friends, former co-workers, and other relatives, all of whom offered examples and evidence of non-economic damages resulting from the injury.

Attorney Acard used the Biography to create a strategy for how he would present the case. He thought the lay witnesses in this case should tell the story, rather than the injured party himself, and therefore chose to invest in a Settlement Presentation, consisting of filmed interviews and other visual strategies. 

Settlement Presentation

Biographers and Videographers worked strategically to create a compelling Settlement Presentation aimed to deliver a message to defense counsel. The Presentation featured impactful interviews of the subject plaintiff, his wife, his sister, a former baseball team-mate, and a former co-worker. Videographers incorporated photos, newspaper articles, videos, and other visual strategies into the nine minute Presentation, which was shown at mediation. 

The goal of the Settlement Presentation was to humanize the plaintiff and offer detailed examples and evidence of pain and suffering, loss of consortium, mental and emotional distress, and an overall decrease in quality of life. 

Investigations & Government Database Searches

TTS conducted a number of Government Database Searches and other Investigations to assist Attorney Acard during litigation including, Social Media Investigations, Defense Expert Testimony, Verdict Searches, ISO ClaimsSearch, DMV Searches, background checks, and much more.  

DME Attendance & Reporting

Defense counsel was skeptical of the man’s claim that he was unable to work because of his injury, therefore they hired a vocational rehabilitation expert of their choosing to examine him. Attorney Acard knew better than to throw his client to the wolves, so he hired TTS to sit in on the exam and draft up an observational report. The time-stamped report allowed Attorney Acard to sit in on the exam without ever leaving the office. It assured him his client was not treated in a biased or unfair manner.

Lien Resolution

At the end of the case, there were thousands of dollars in medical liens, Worker’s Compensation Liens, and Medicare Liens that needed to be resolved. The lien resolution team was able to successfully track and resolve all liens in a timely manner to allow for the quick and accurate distribution of funds once they were received. 

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