Verdicts & Settlements
We fight hard for our clients. Our results speak for themselves.
Below we've listed just a handful of the verdicts and settlements we've earned for our clients.
We have successfully tried hundreds of state and federal cases across Tennessee, securing millions of dollars for victims of auto accidents, tractor-trailer accidents, child injury cases, and personal injury. How do we do it?
Unlike most lawyers, we prepare every case with the level of attention and detail necessary were the case to go to trial. Our success is due to this comprehensive level of preparation combined with expert legal knowledge and experience; superior negotiating skills; and our relentless pursuit of justice for our clients. When defendants refuse to settle or fail to offer the right amount, our lawyers are ready and willing to pursue the maximum compensation available at trial.
- $4,500,000 TRIAL COURT JUDGMENT in a dram shop / liquor liability case against two bars located in Nashville on 2nd Avenue. Our clients were a family of three from Cincinnati, Ohio who were traveling through Nashville on I-65 North. They were hit head-on by a drunk driver going the wrong way on the interstate. The drunk driver had been over-served alcohol or served when he was obviously intoxicated at the two Nashville bars. The injuries were devastating and life-long. In addition to the trial court judgement, we were able to force the drunk driver’s insurance company to pay the maximum amount allowed by the driver's policy, and he was convicted of aggravated vehicular assault.
- $4,000,000 SETTLEMENT for a construction worker client who suffered life-threatening and life-changing burns in an industrial work site explosion. During private mediation, we brought in some of the nation's leading experts on the subject and were able to negotiate a $4M out-of-court settlement for our client.
- $2,000,000 SETTLEMENT for a client who sustained life-threatening injuries after being thrown from a vehicle. Our client had a fractured neck, de-gloved scalp, rib fractures, lacerated liver, partial loss of ear, and other injuries requiring multiple surgical procedures. We were able to secure a $2M settlement for the physical injuries and psychological trauma our client suffered due to the incident.
- $1,638,561 JURY VERDICT for the widow and family of a man who was struck and killed while using a cross-walk in the Hillsboro Village area of Nashville. The award was for the family’s loss of the love and guidance of the husband and father as well as the economic value of his expected remaining work life.
- $1,044,594 TRIAL VERDICT for a Nashville Metro firefighter who suffered a career-ending low back injury when an EMT violated safety protocols and improperly lifted the patient during load-in to a transport. Our client later underwent spinal fusion and right shoulder surgery. Our client, a life-long first responder, was forced to retire due to the injury and is now on Social Security Disability. The verdict included $600,000 in lost past and future earnings that Rocky secured when he brought in a college professor of economics for expert witness testimony.
- $800,000 SETTLEMENT for an 18-year-old client who suffered a broken femur when a negligent driver ran a red light and slammed her large SUV into the driver's side of our client’s car. Our client underwent multiple surgeries and was left with emotional as well as physical scars from this traumatic event and long recovery period.
- $740,000 SETTLEMENT for an active and independent 85-year-old who broke her pelvis and hips, developing permanent bladder incontinence, as the result of an amusement ride accident.
- $700,000 MAXIMUM ALLOWED RECOVERY against Dickson County Sheriff’s Office for two men tragically injured and the family of a woman killed as the result of a negligent police chase. The sheriff’s deputy wrongfully and dangerously engaged in high speed pursuit of a car because the officer saw the driver flick a cigarette out the window. At speeds approaching 100 mph, the officer chased the car for miles before the fleeing vehicle struck another car head on, catastrophically injuring the two innocent men in that car and killing the suspect’s passenger. The claims for our clients were brought under the Tennessee Governmental Tort Liability Act (or “GTLA”) which limits payments from governments in Tennessee to a maximum of $700,000 per incident.
- $500,000 TRIAL JUDGMENT for 40-year-old Maryville, Blount County man who was severely injured when he was intentionally hit by a construction co-worker with a concrete rake and knocked into a 6-foot-deep ditch. The criminal attack resulted in a conviction for aggravated assault. RML’s client underwent emergency surgery for a broken elbow and torn ligaments, missed half a year of work and has a scar on his arm. The judgment was comprised of $250,000 to compensate for the harms and losses caused by the injury and $250,000 for punitive damages to punish the criminal and deter others from intentionally hurting people.
- $425,000 SETTLEMENT for a client who was injured on the job when he stepped on an unsecured board and injured his back. A personal injury claim was pursued because the injury was caused by workers of a company separate from the client’s employer. The client had to undergo spinal surgery, and the injury caused the client to miss more than a year of work.
- $275,000 SETTLEMENT for a client who was injured when the client’s wheelchair was not properly secured by the employee of the company providing a transport van. The client fell backwards off the wheelchair lift sustaining a significant head injury.
- $250,000 TRIAL VERDICT for young female who was assaulted with a baseball bat in the parking lot at work by two men and two women engaged in a civil conspiracy against the young lady. Compensation was awarded for physical injuries, emotional distress, pain and suffering, medical bills and lost wages.
- $200,000 POLICY LIMITS SETTLEMENT for a 71-year-old female who sustained significant injuries as a passenger in a vehicle that rear-ended a personally-owned dump truck, which had broken down at night on an unlit road. The dump truck owner did not put out any type of warning for potential vehicles that could come upon it in the night. The amount of the settlement was the full amount of insurance proceeds available for the client.
- $165,000 SETTLEMENT for self-employed man who suffered a crush injury to his hand while making a delivery of product to the Farmer’s Market when a tow motor driver lost the load and it pinned client’s hand to the bed of the truck. Injury developed into reflex sympathetic dystrophy.
- $132,500 SETTLEMENT for Williamson County man who suffered a severe back injury which required surgery when an elevator he was riding in suddenly dropped and stopped in a downtown Nashville office building. Attorney Russell Belk hired one of the nation’s leading elevator experts from California to establish negligence on behalf of the elevator maintenance company.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT for handy man seriously burned where he was working in basement fire explosion caused by fumes from a dangerous product spreading to the ignited gas water heater. Client suffered burns to his arms, chest, back and legs. He incurred over $1,000,000 in medical bills at Vanderbilt Burn Unit. Rocky had fire origin expert from Alabama and an industry leading liability expert from New York. Case was against the seller of the product for negligence.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT for construction worker paralyzed when a boom truck he was operating turned over at a construction site in Bellevue area of Nashville and he was struck in the head by the crashing crane. Case was against the lessor of the truck for failing to comply with industry safety standards.
Auto and tractor-trailer accidents
- $2,600,000 TRUCKING SETTLEMENT before trial for a Tennessee Department of Transportation worker who was slammed into on Interstate 24 Eastbound by a speeding tractor-trailer truck, whose driver lost control in a curve and ran off the roadway. The TDOT worker had only moments before impact to get back into his truck after unclogging a drain in the gore area of the interstate; otherwise, he would have been killed. The man underwent neck fusion surgery and was unable to return to work, forced into early retirement and onto Social Security Disability (all of which we fought for) by his physical limitations and resulting depression.
- $1,950,000 MILLION SETTLEMENT for Texas lady who was walking across the road in Lebanon, Tennessee with the traffic control device when a dump truck made a negligent right-hand turn of Exit 238 on Interstate 40, and hit her in the street. The woman was pinned under the truck and dragged down the road. Her left leg was traumatically amputated in the crash. Her injuries were caused by the commercial vehicle driver’s failure to yield the right of way to the pedestrian.
- $1,687,774 ARBITRATION VERDICT for widow whose husband was tragically killed and her 13-year-old grandson who was badly injured in a highway accident in Greene County, Tennessee. The Bronco the victims were driving southbound on Interstate 81 was rear-ended by a speeding Suburban, causing the Bronco to leave the roadway and flip several times. The 74-year-old driver died in the wreck and the little boy suffered a permanent facial scar as a result of a severe cut that required multiple plastic surgeries. The arbitration, conducted under a special Tennessee law, was against the insurance carrier for the Bronco for underinsured coverage. The liability insurance carrier on the Suburban agreed to pay its $500,000 maximum limits of coverage before the hearing.
- $1,500,000 SETTLEMENT for a young actress injured when the van she was riding in on I-40 West was hit from behind by a speeding tractor-trailer. Client had numerous broken bones and fractures. Medical bills were $174,000.00.
- $1,125,000 SETTLEMENT at mediation for Dickson County, Tennessee man who was hit in an intersection by a construction truck that ran a red light. The man suffered a traumatic brain injury and was unable to continue working in a job using his Masters level education. He now works at a golf course part-time. He was able to pay off his land and buy a new tractor with some of the settlement proceeds. Rocky McElhaney Law Firm assisted the injured man with using a portion of the money to fund a life annuity contract which will pay him $1,260 per month for the rest of his life.
- $1,110,365.41 TRIAL COURT VERDICT for a client involved in a T-bone car wreck. Our client was struck on the driver’s side by a car running a red light. The at-fault driver refused to take responsibility. Our client required neck and shoulder surgeries and retained severe permanent disability. Our client’s post-injury limitations forced him into early retirement. The trial verdict included $92,000 in actual lost wages, $116,000 in lost future earnings, and $150,000 in medical bills in addition to compensation for pain and suffering and permanent injury.
- $1,000,000 OUT-OF-COURT SETTLEMENT for sweet 60-year-old administrative assistant severely injured in a side-swipe accident Orlando, Florida. The driver of the company car who hit our client was talking on the phone, not paying attention and had his dog in the front seat with him. The wreck caused a low back injury described as an L5-S1 posterior herniation, resulting in moderate stenosis which displaced the left S1 nerve root. The lady underwent two complex low back surgeries, including lumbar fusion with pedicle screw instrumentation. She was unable to return to her regular job.
- $1,000,000 POLICY LIMITS SETTLEMENT for a couple who were injured when a semi-truck ran a red light and smashed into their vehicle as they were proceeding through an intersection. Several months following the collision, one of our clients died as a result of the injuries sustained during the wreck.
- $1,000,000 SETTLEMENT for a client who was side-swiped on her way to work in central Florida. Our client suffered lower back injuries that caused pain and numbness that radiated down her legs. Our client underwent a lower back fusion that ultimately helped her get back to work and take back her life. The defendant driver denied liability to the end and claimed that our client came into his lane, but we were able to prove that the defendant was on his cell phone at the time of the crash and ultimately responsible.
- $900,000 TRUCKING SETTLEMENT for two clients who were struck from behind by a semi-truck on I-24. The semi-truck driver was not paying attention to the traffic ahead. Our clients where treated at a local emergency room and then taken to Vanderbilt Medical Center for more specialized care. One client eventually had to undergo kyphoplasty procedures as a result of her fractured vertebra. The other client had multiple rib fractures and was hospitalized for an extended period at Vanderbilt for numerous health concerns.
- $800,000 SETTLEMENT for the family of a 70-year-old construction worker who was killed after being run over by a truck driven by another worker on the job site who was picking up traffic cones to remove a lane closure. The case presented several challenges including an allegation of comparative fault against the decedent for being in the roadway. During private mediation, we were able to negotiate a settlement to take into account the family’s loss of their father’s love and wisdom as well as the economic value of his remaining work life.
- $800,000 POLICY LIMITS SETTLEMENT for a 71-year-old woman who was a passenger in a vehicle which rear-ended a disabled dump truck. The truck was broken down on an unlit road, and the dump truck driver didn’t do anything to alert drivers that the truck was there. We were able to secure the maximum insurance compensation available for our client.
- $800,000 POLICY LIMITS SETTLEMENT for a couple from Tennessee, who sustained critical injuries when a tractor-trailer hit them. Our clients were proceeding through an intersection when the tractor-trailer ran a red light, crashing into them. Tragically, one of our clients died from complications arising from that accident months later.
- $800,000 SETTLEMENT for a 60-year-old healthcare administrator from Hendersonville who was hit by a semi-truck as she was driving to work in Nashville on a rainy day. The tractor-trailer crossed into her lane of traffic and collided with her. She suffered head and neck injuries as a result of the collision.
- $750,000 MEDIATED SETTLEMENT for Vanderbilt professor who was hit head on by a construction foreman driving a construction pick-up truck in Nashville, Tennessee. The professor was on his way to teach, and the construction worker was on his way home after working multiple straight 15 hour shifts to repair a bridge on I-40 West in Davidson County. The wreck caused a left tibial plateau fracture, which was surgically repaired by open reduction and internal fixation.
- $750,000 SETTLEMENT for 52-year-old female born with cerebral palsy who was injured in a one-car accident when she was riding in a disability transport van. The driver of the van almost rear-ended another vehicle, slammed on the brakes, swerved violently, throwing the passenger out of her seat and into the back of the driver’s seat in front of her. In addition to careless driving, the driver failed to safely secure the passenger’s seatbelt. The lady suffered severe spinal injuries requiring back surgery and chronic pain management, all of which impacted her quality of life and independence.
- $675,000 SETTLEMENT for mother who suffered severe talus bone fracture in her foot, and for her 4-year-old daughter who suffered permanent scar over her right eye, when they were hit by a drunk driver at 9:30 in the morning while on their way to make Christmas cookies. They were referred to RML by Mom’s orthopedic surgeon, who was familiar with the work and results of Rocky’s talented team.
- $500,000 SETTLEMENT for 62-year-old lady who suffered bilateral ankle fractures and a lacerated liver when a negligent hospital executive turned left in front of the client causing a serious auto crash. Client spent four weeks in rehab hospital and had $84,000 in medical expenses.
- $475,000 SETTLEMENT AT THE PRE-TRIAL CONFERENCE for a Georgia lady injured in an interstate wreck outside Waverly, Tennessee in Humphreys County caused by a truck driver for a New York trucking company on his way back from a delivery to Texas. The case involved the trucking industry niche of “drive-away service.” The trucking company claimed the driver, who was in a personal vehicle, was not an employee who it was responsible for on the return trip from Texas. This case changed the way national insurance companies write insurance for “drive-away” trucking services. The elderly client suffered several broken bones and a mild brain injury caused by a subarachnoid hemorrhage. She underwent months of cognitive and physical rehabilitation. She used some of the proceeds to pay off her modest mobile home in rural North Georgia.
- $450,000 SETTLEMENT for HVAC supervisor who sustained ACL tear and fracture of the knee when a teenage driver ran a stop sign and hit the company pickup truck. Client had $40,000 in medical bills and lost wages. Insurance for the negligent teenager and underinsurance on the company truck paid money toward the settlement.
- $265,000 SETTLEMENT for young lady who was forced to get married on a walker because, as a passenger, she received a compound femur fracture in a one vehicle wreck in Missouri just weeks before her wedding day.
- $251,000 JURY VERDICT for a 54-year-old bank employee rear-ended on Interstate 40 near Hermitage, Tennessee against All State Insurance under uninsured motorist provision of our client’s policy. The 18-year-old man that hit here did not have any insurance and was never seen again. The lady was transported by ambulance to Summit Hospital with a neck injury, diagnosed with a ruptured disc in her neck, and was still under the care of her doctor at the time of trial. All State hired and paid a doctor to testify there was nothing wrong with her, hid pictures of the wreck until the day before trial and only offered $10,000 to settle the case. Rocky and Afsoon asked the jury to award $135,000.
- $250,000 POLICY LIMITS SETTLEMENT for a client who suffered multiple fractures including a broken leg, ankle, and ribs after being rear-ended by a distracted driver.
- $175,000 OUT-OF-COURT SETTLEMENT for 60-year-old Hendersonville, Tennessee lady who was on her way to work in Nashville when she was hit by a tractor-trailer truck in the rain. The truck crossed into her lane of traffic. The healthcare administration worker suffered a head injury and neck injury which required surgery.
- $170,000 SETTLEMENT for a client who was hit by a driver who ran a stop sign in Nashville. Our client had just undergone back surgery for prior injuries shortly before the crash. RML showed the crash aggravated her pre-existing back injuries and caused her to experience increased pain and emotional distress. The defendant was under-insured in this case, but our client had uninsured/underinsured motorist coverage on her auto insurance policy. We were able to force her own insurance company to pay.
- $150,000 SETTLEMENT for a mother whose pelvis, legs, and ankle were injured during a head-on collision. The driver who hit our client's car was using her cell phone while driving on a two-lane road in Mount Juliet, Tennessee. Unfortunately, there was limited insurance to cover the significant injuries of the Client. RML was able to recover more than the insurance policy limits.
- $145,000 Settlement for a client whose lower back was injured in a motor vehicle collision, requiring him to have spinal surgery as a result. The client was driving on I-65 North on his way to work. The other driver fell asleep and rear-ended the client. The settlement included policy limits from the liability carrier and a significant amount from the client’s own insurance carrier under his under-insured motorist coverage.
- $125,000 ‘STACKED’ POLICY LIMITS SETTLEMENT for lady, riding as a passenger, who was thrown from a vehicle in a one car crash in Cheatham County when the driver took a curve too fast, lost control, went into a field, and hit a tree. The injured woman suffered fractures of her ribs, pelvis, tailbone, and nose. RML obtained maximum insurance payouts from two different carriers, one for the car owner and one for the driver. Under legal authority unknown by some lawyers, these two policies “stacked” on top of each other to increase the money available to the injured lady.
- $100,000 POLICY LIMIT SETTLEMENT for 75-year-old Columbia, Tennessee grandmother who was hit by a teenager in a hurry who ran a stop sign in a Kroger parking lot. The grandmother had to have hip surgery.
- $100,000 POLICY LIMIT SETTLEMENT for a Mount Juliet woman who was involved in an interstate rear-end crash which lead to neck pain and low back surgery. The insurance company for the driver that caused the wreck accepted responsibility and paid all of the insurance money available.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT THE NIGHT BEFORE TRIAL for 21-year-old college junior hit head on by a commercial truck near the Governor’s Mansion in South Nashville. The young coed aspired to become a lawyer and work in politics in Washington, D.C. In the wreck, she suffered a severe concussion which developed into post-concussion syndrome, cognitive difficulties, and loss of executive brain function. Despite vocational and cognitive rehab, the client was vocationally unable to pursue graduate level study, thus unable to reach her dreams. The commercial defendant and its lawyers denied responsibility and blamed the young lady for causing the wreck. Rocky fought very hard for this young lady, including investing significant resources in the retention of nine expert witnesses. The experts included an accident re-constructionist, a board-certified neuropsychologist, a board-certified rehabilitation counselor, a board-certified psychiatrist, a board-certified neurologist, a nationally recognized lifetime medical expense planner, a nationally known economist, and a neurologist and orthopedic surgeon from Vanderbilt University Medical Center. The girl’s future medical needs were projected to cost over $135,000 and her lost earnings were projected at over $1.8 million. The case settled at 8:30 p.m. on Sunday evening before the jury was empaneled the following Monday morning.
- $2,500,000 VERDICT for a rider against an intoxicated driver. Client was riding down Gallatin Pike when the Defendant recklessly swerved into oncoming traffic striking our client. The client sustained serious injuries including a pelvic fracture and collapsed lung. The Defendant was sentenced to 90 days in jail. Verdict compromised of both compensatory and punitive damages.
- $875,000 PRE-TRIAL SETTLEMENT for rider hit by a turning car on I-65 in Williamson County, Tennessee. The investigating police officer determined that the motorcycle rider was at fault for causing the crash. The crash report and what the rider said happened were completely opposite. Totally believing his client, Rocky worked tirelessly to vindicate the rider and prove that his life-threatening injuries and five surgeries were the fault of the driver that wrongfully turned in front of the motorcycle.
- $600,000 SETTLEMENT AFTER MEDIATION for biker hit by a commercial driver turning left in front the motorcycle, failing to yield the right of way. The rider suffered a a patellofemur fracture which required extensive surgery at Vanderbilt University Medical Center.
- $165,000 PRE-LAWSUIT SETTLEMENT for a Morristown, Tennessee biker who was hit by a Coca-Cola vehicle that pulled out in front of him on Morris Boulevard. The biker was unconscious at the scene and was life-flighted to U.T. Medical Center for trauma care. Through specialized neurologic and cognitive therapy, the man made a wonderful recovery.
- $100,000 POLICY LIMIT SETTLEMENT for Nashville man rear-ended on his motorcycle as he was stopped for a red light. He had orthopedic injuries and was treated at the Vanderbilt Trauma Unit.
- $95,000 OUT-OF-COURT SETTLEMENT for Morristown, Tennessee man who was hit by a used-car salesman who pulled out in front of him on Highway 160. The biker had taken a day off from work and was headed to a charity bike ride and rally on a beautiful Friday morning. The injured man was taken to U.T. Medical Center for orthopedic trauma care. He suffered compression fractures in his low back and spent six weeks in a body brace, sleeping in a recliner. The used-car salesman blamed the biker for going too fast. The case was settled after depositions for $5,000 less than the maximum insurance available.
- POLICY LIMITS SETTLEMENT for Nashville semi-professional football player who was injured when a car pulled out in front of his motorcycle. He was treated at the Vanderbilt Trauma Unit and incurred over $70,000 in medical expenses.
- CONFIDENTIAL POLICY LIMITS SETTLEMENT for Madison man injured on his way to work at 6:30 in the morning when a car ran a red light at the intersection of Hendersonville Road and Myatt Drive in Rivergate. The client suffered a serious broken leg and other orthopedic injuries.
The Rocky McElhaney Law Firm has handled hundreds, if not thousands, of workers’ compensation cases, ranging from less severe trigger finger and sprain injuries to catastrophic injuries resulting in paraplegia and debilitating orthopedic conditions. Over the years, settlements and judgments have ranged from $2,500 to $790,000. Each workers’ compensation case is different and is based on its unique facts and the law that applies to that case. The results below are some of our most memorable successes. However, RML has handled much smaller cases for injuries to the hands, wrists, arms, elbows, shoulder, neck, back, hips, knees, ankles, toes, fingers and mental conditions resulting from on-the-job injuries as well.
- $3,500,000 RECOVERY for dozens of General Motors workers, collectively, from the Spring Hill, Tennessee manufacturing facility who were permitted to re-open old claims and receive additional payments when GM filed bankruptcy as a part of the Auto Bailout in 2009. Rocky recognized the bankruptcy court reorganization of GM was a triggering event for workers’ compensation reconsiderations. He filed a test case and won the trial in Bedford County on summary judgment – before a full trial. General Motors lawyers appealed the issue to the Tennessee Supreme Court which upheld the victory, paving the way for all eligible workers to receive additional benefits.
- $790,115 TRIAL COURT JUDGMENT in February 2011 for injured General Motors worker who was given a permanent restriction from her orthopedic surgeon of no use of the right arm. Judgment will pay the worker until she reaches age 67.
- $764,854 TOTAL RECOVERY in a case where a State employee slipped on ice walking to work from parking lot and tragically passed away due to head trauma. The State denied the claim entirely until Rocky and Steve pressed the state with supportive medical records and caselaw. The recovery represents medical bills, burial expenses, and survivor benefits to be paid over time to the worker’s widow.
- $627,505 SETTLEMENT for a correctional facility worker who suffered multiple injuries when he was assaulted by juveniles while at work. Our client’s compensation carrier denied medical care, and we fought constantly for his medical treatment. He was unable to return to any work. The settlement represents the maximum payable for this worker.
- $535,000 TRIAL COURT JUDGMENT for construction worker severely burned in an industrial explosion at Glenn Springs Holdings in Columbia, Tennessee. The award is a maximum award for this worker.
- $464,725 SETTLEMENT for a client whose glove caught and was pulled into a machine he was operating at his job. Both shoulders were injured, and he had to have the hand amputated. Due to his permanent restrictions, he was unable to return to any work. The settlement represented the maximum payable in a lump sum to the worker and included free medical care for his injuries for the rest of his life.
- $395,000 TRIAL VERDICT for Tennessee Department of Transportation worker who injured his back on the job and was not able to return to work because of his restrictions. The Tennessee Claims Commission found the worker to be permanently and totally disabled and awarded the maximum recovery available to the injured man under Tennessee law.
- $391,000 SETTLEMENT plus Social Security in January 2012 for female worker who injured her low back performing automobile assembly work for General Motors in Spring Hill, Tennessee. The treatment for the injury including a series of epidural steroid injections which caused a rare complication called arachnoiditis. The injured worker was unable to return to work for any employer. Because of previous injuries, the State of Tennessee Second Injury Fund contributed $106,000 to the settlement in addition to the $285,000 in lump sum paid by GM. The worker will have free medical care for the injury for the rest of her life. In addition to the workers compensation award, RML assisted the worker in obtaining Social Security Disability benefits which required a hearing before an Administrative Law Judge.
- $370,000 OUT-OF-COURT SETTLEMENT for injured air craft assembler in Nashville, Tennessee who suffered a severe low back injury which precluded him from returning to work for his pre-injury employer.
- $323,575.26 DEATH BENEFIT SETTLEMENT for the minor dependent of a Terminix employee who died in a car wreck while working. The insurance carrier disputed a lump sum payment, seeking to pay benefits weekly over the next 10+ years. The lump sum payment allows the mother of the child to wisely invest the money to provide a larger benefit for the child than would be realized through periodic payments.
- $316,500 OUT-OF-COURT SETTLEMENT for a 47-year-old mechanic who injured his thoracic spine while lifting buckets of hydraulic oil. Following the surgery to his thoracic spine, the injured worker had significant complaints of continued pain and issues in his extremities. The injured worker was not able to return back to work. The employer fiercely contended that the injured worker’s continued complaints of neuropathy and issues in his extremities were not related to the work-place injury. Rocky and Justin took many depositions of the experts involved and were able to get the employer to finally pay up just a week before trial. After achieving the significant settlement for the injured worker, Justin also represented him in his claim for Social Security Disability benefits, which they successfully obtained.
- $300,800 OUT-OF-COURT SETTLEMENT for injured General Motors worker who suffered a traumatic crush injury amputation of her left pinky finger. The injury resulted in post-traumatic stress disorder and an exacerbation of pre-existing depression which left the Columbia, Tennessee wife and mother unable to return to work at General Motors. General Motors denied the mental aspect of the claim and refused to pay compensation until Rocky took expert depositions and proved the claim for the worker
- $310,000 SETTLEMENT for a 52-year-old General Motors auto work who lived in Alabama. She injured her lower back and neck when she fell at work. She had stenosis in her cervical spine which required surgery. After extensive treatment and multiple surgeries on her cervical spine, the client attempted to return to assembly line work. However, she was unable to perform her job and was forced to retire. Rocky and Justin brought in several key experts whose opinions helped obtain a significant settlement.
- $295,000 SETTLEMENT for a 52-year-old General Motors auto worker who injured her left knee and right shoulder in two separate but close in time events while performing her strenuous work. Justin and Rocky retained several experts who testified on the injured worker’s behalf. Due the extent of her injuries, the injured worker was not able to return back to work for General Motors. Further, the vocational expert opined that the injure worker was not going to return to any substantial employment. The parties settled based on just over 93% industry disability.
- $275,000 OUT-OF-COURT SETTLEMENT for a mine worker who was injured when she was just 30 years old. The injured worker had to have surgery to her neck and lower back. She had continued complaints and issues related to her spine following the surgeries. The employer fought compensability of the claim until they paid up just before trial. The settlement was for more than 100% permanent partial disability benefits. The employer also agreed to pay for the surgeries and other past medical treatment, along with future medical treatment related to her injuries.
- $272,800 OUT-OF-COURT SETTLEMENT for worker injured at General Motors when a tow motor struck his leg causing severe soft tissue and tendon injury. The worker was assigned a cane for permanent use and was unable to return to the workplace at General Motors.
- $265,200 SETTLEMENT for General Motor auto worker who re-injured his neck requiring a second fusion surgery by a neurosurgeon in Nashville, Tennessee. The worker was unable to return to work at General Motors’ manufacturing facility in Spring Hill, Tennessee.
- $265,000 SETTLEMENT for Lebanon hospice nurse who injured her low back while caring for a patient. Although she did not have surgery, the nurse required chronic pain management care and had significant work restrictions. She was unable to continue to work as a nurse and was approved for disability.
- $246,000 TRIAL JUDGMENT for man who injured his low back working as systems installer for Comcast Corporation. The injury did not require surgery but the permanent restrictions and pain did prevent the worker from returning to work for Comcast. The man will also receive free medical care for the injury for his lifetime, including the implantation of an electronic spinal cord stimulator. The highest offer before trial from the employer to settle the case was $150,000.
- $252,000 TRIAL COURT JUDGMENT for a nurse who injured her back working at Highland Manor nursing home in Portland, Tennessee when a resident struck her with a motorized wheelchair and knocked her to the ground. This was a maximum available recovery for this injured Tennessee worker.
- $258,908 OUT-OF-COURT SETTLEMENT for injured mechanic who worked at Carl Black Chevrolet who was injured when a co-worker “revved” up an engine in the shop which reverberated and caused a rare ear injury known as hyperacusis to the injured worker. Hyperacusis is hypersensitivity to sound, the opposite of hearing loss. As a result of the injury, the worker was unable to continue to work as a mechanic which he had done for most of his adult life. RML also assisted the injured worker in obtaining Social Security Disability benefits.
- $250,000 SETTLEMENT for injured General Motors worker who injured her neck, back and shoulders when she tripped over an angle iron and fell onto the assembly line. She had neck and back surgery and was unable to return to work at the manufacturing facility in Spring Hill, Tennessee.
- $250,500 LUMP SUM SETTLEMENT the day before trial for a nurse who sustained a career-ending shoulder injury. At trial, client could have received a maximum recover of $43,000.00 lump sum if the employer’s expert was accepted, or $350,000 paid over 26 years if the expert hired by Steve had been accepted.
- $250,000 SETTLEMENT for sheet metal worker who sustained a severe neck and low back injury and required fusion surgery for both parts of his spine.
- $245,000 PRE-TRIAL SETTLEMENT for injured General Motors worker who slipped in oil and injured his knee and shoulder. While walking on a deck at his house, the knee buckled causing the worker to fall and have a serious fracture of his ankle. The combination of these injuries precluded the injured worker from returning to automobile assembly work at General Motors.
- $246,201 TRIAL VERDICT for over-the-road truck driver who suffers from Post-Traumatic Stress Disorder after a crash caused by winter conditions, and was permanently restricted from commercial driving. Client was awarded 80% vocational disability due to his job history, lack of high school degree, and other relevant factors. Award at court followed a previous award during the administrative phase of the case, totaling an additional $23,081.40 in temporary benefits that had been denied by the employer’s insurance carrier.
- $240,000 OUT-OF-COURT SETTLEMENT for injured General Motors worker resulting from repetitive injuries to her elbows, shoulders and neck. The worker underwent four separate surgeries and was unable to return to work at General Motors’ manufacturing facility in Spring Hill, Tennessee.
- $239,600 OUT-OF-COURT SETTLEMENT for General Motors worker who injured his low back at work and was unable to continue to work in the automobile assembly profession.
- $238,680 TRIAL COURT JUDGMENT affirmed on appeal for Spring Hill woman who suffered bilateral thumb and wrist injuries while working at Saturn Corporation/General Motors in Spring Hill, Tennessee. After two surgeries, the worker was unable to return to her position at General Motors. The company appealed the trial court’s ruling and the decision was upheld on appeal, Haake v. Saturn Corporation 2009 WL 3925399 (Tenn. Sp. Work Comp. Panel Nov. 18, 2009).
- $200,000 OUT-OF-COURT SETTLEMENT for 58-year-old Wilson County, Tennessee plumber who injured his shoulder throwing a commode into a dumpster. The injury required surgery for a torn Labrum and removal of the tip of the collar bone, called a distal clavicle resection. The plumbing company did not return the man to work because of his restrictions.
- $198,000 SETTLEMENT for construction worker injured when a boom truck he was operating overturned and severely injured him. This was a maximum award available to this injured worker. In addition, RML was able to obtain very costly and extensive home modifications to accommodate the injured worker in his disabled condition.
- $190,000 SETTLEMENT for a 35-year-old DirecTV technician who fell approximately fifteen feet from a ladder and landed on the ladder from which he fell. He broke his back in two places and was confined to a bed for many weeks. Thankfully, the fractures healed without surgical intervention. Unfortunately, the injured worker was not able to return to his employment with DirecTV. The total settlement benefits were substantially all of the benefits the worker was entitled to under the law.
- $160,000 SETTLEMENT for Dickson, Tennessee graphic designer who suffered an allergic reaction to chemicals in the workplace. The worker was unable to continue in that line of work and had to change professions.
- $150,000 PRE-TRIAL SETTLEMENT for Vanderbilt cafeteria worker who suffered a significant low back injury which required a fusion surgery due to the repetitive bending, lifting and twisting at her job. Vanderbilt had denied the claim for several years until Rocky McElhaney Law Firm was hired and proved the case for the injured worker.
- $133,402 SETTLEMENT AT MEDIATION for a Franklin County, Tennessee man who was injured while working as a nurse at Medical Center of Manchester when he was accidentally shocked by a defibrillator. His injuries to his back and hamstrings precluded him from continuing to work as a nurse.
- $31,000 SETTLEMENT for a single father from Hendersonville, Tennessee who was injured while working for a sign company when a fire started in a truck that required him to jump 30 feet from the bucket. He suffered a fracture of his ankle. Before being represented by Rocky, the man was represented by another regional injury law firm which told him that he should accept $16,000 to settle his case as that would be the most he would likely get. The injured man did not think so. Neither did Rocky.
- $525,000 FEDERAL JURY VERDICT against Wal-Mart for Antioch mother who slipped in water on the floor and twisted her knee when she went to buy food for her son’s school lunch. The twist caused tearing in the knee which lead to multiple surgeries and a permanent limp. The jury found Wal-Mart failed to clean up the water. After assessing 90% fault to Wal-Mart and 10% fault to the shopper, the final recovery for our client was $472,500.
- $419,157 JURY VERDICT against Suburban Lodge in favor of a woman who was injured on a defective and dangerous disability assessable ramp at the hotel. The proof at trial established that the ramp violated Metro codes and was dangerous and defective. The injured lady suffered a fractured ankle and underwent knee surgery. The judgment will help the injured woman receive future medical care that her doctor testified she would need as a result of her injuries.
- $250,000 SETTLEMENT at mediation for 92-year-old widow and grandmother who broke her hip when she slipped and fell at a pizza restaurant in Hendersonville, Tennessee because the franchise failed to remove water from a tile floor near the self-serve drink station. The elderly lady had an extended stay in a rehabilitation hospital, developed blood clots and was unable to enjoy many of the activities she did before her injury. She used some of the settlement proceeds to fulfill a lifelong dream of going to Hawaii.
- $220,000 OUT-OF-COURT SETTLEMENT for injured West Virginia man against national hotel chain based upon injuries to his wrist and shoulder when he fell in oily and standing water in the handicap accessible parking spaces. The Plaintiff alleged that the hotel was negligent in the design and maintenance of the disability accessible parking spaces, including inadequate drainage and negligent maintenance.
- $157,500 SETTLEMENT against a short-term rental company for a client who suffered a broken knee and torn knee ligaments due to a fall down a set of stairs that were poorly constructed and failed to comply with applicable building codes.
- $157,500 SETTLEMENT for a client who injured her shoulder when she tripped and fell due to the negligence of a business owner in Nashville. The defendant denied any liability and blamed our client for her own injuries. However, we fought hard for her and forced the defendant to turn over the surveillance video that showed our client’s fall and injury and helped prove our case.
- $100,000 SETTLEMENT AT MEDIATION for a 75-year-old client from Lawrenceburg, Tennessee who slipped on a serving tray negligently left on the floor at a national chain restaurant in Columbia, Maury County, Tennessee. The man tried to brace his fall by grabbing a half-wall but still suffered a dislocated shoulder and torn rotator cuff. He underwent surgery. The injury prevented him from enjoying his hobby of work-working and from playing with his grandchildren as he did before his injuries.
- $95,000 OUT-OF-COURT SETTLEMENT for Nashville woman against a now-closed nightclub. While she was in the restroom, a patron spilled a drink and employees of the nightclub mopped up the drink but failed to place any signs in the area. When the woman came out of the restroom, she did not know that the floor was wet and fell suffering serious injuries. The injured woman underwent knee surgery.
- $60,000 MEDIATON SETTLEMENT for 67-year-old lady who suffered a broken shoulder when she was knocked to the ground by the automated doors of an elevator as she attempted to exit the elevator after giving blood. Automated door cases are extremely difficult and can be expensive. After surgery, the elderly lady made an excellent recovery and was having little difficulty by the time her deposition was taken. RML engaged one of the nation’s leading automated door experts from California to assist the law firm in proving the liability of the property owner.
Nursing home abuse
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT for family of a woman who died as a result of pressure sores (decubitus ulcers) which developed during improper and poor care in a Coffee County nursing home.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT for family of a 91-year-old lady who was dropped during a transfer and suffered a broken femur. After surgery to repair the broken femur, the patient died. The transfer was done improperly and against the written procedures and protocols established by a Nashville-based nursing home.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT for daughters of a 54-year-old nursing home resident who developed pressure sores because of negligent care rendered by the nursing home. After several surgeries to cut away rotting tissue, the patient passed away as a result of complications due to the pressure sores.
- CONFIDENTIAL SETTLEMENT FOR CHILD RAPE VICTIM against an upscale apartment complex whose maintenance employee molested and sexually assaulted a 10-year-old girl resident. The apartment complex management team were made aware by other resident complaints of inappropriate contact by the employee and the child including touching in the pool and being caught alone with the child in an apartment the employee was supposed to paint. Management failed to tell the mother or take steps to protect the child. The little girl’s settlement proceeds were placed into a special trust account and will, justly, pay her millions of dollars over lifetime.
- $490,000 OUT-OF-COURT SETTLEMENT for East Tennessee brothers, ages 9 and 12, who were passengers in a small SUV being driven by their grandfather which was rear-ended on Interstate 81 in Greene County, Tennessee by a Chevrolet Suburban going 78 miles per hour immediately prior to impact. The bothers were life-flighted to Johnson City, Tennessee for trauma services. Their grandfather was killed. The driver of the Suburban denied responsibility for the rear-end collision by blaming the grandfather for not having lights on his vehicle as he drove down the interstate at night. Rocky and his team hired the nation’s leading accident reconstruction expert to prove that the lights were on. After that, the case settled for maximum insurance limits available from the driver of the Suburban. Rocky McElhaney Law Firm assisted the family in placing the settlement proceeds for the minor children into a trust which is projected to produce $490,000 or more for the brothers.
- $245,925 OUT-OF-COURT SETTLEMENT for 5-year-old little boy from Murfreesboro who was struck by a construction dump truck while he played in his family’s driveway. The little boy was life-flighted to Vanderbilt University Medical Center where he was treated in the trauma unit. He ultimately made a full recovery but incurred medical expenses of approximately $50,000. RML assisted the family in placing the policy limit settlement proceeds for the minor child into a structured settlement which will pay guaranteed benefits to the child of $245,925.89.
- $90,000 OUT-OF-COURT SETTLEMENT for a 2-year-old who suffered a simple fracture of his leg at a day care when another child jumped from a plastic slide and landed on the client. RML alleged and proved that the day care had the wrong type of playground equipment for the age group using the equipment and failed to comply with state mandated teacher/child ratios which led to poor supervision of the children.
- $80,000 PRE-LITIGATION SETTLEMENT for 15-year-old Charlotte, Tennessee teenager who suffered a severe cut on her arm at a restaurant when the sink she was using in the restroom broke off the wall. The injury required surgery to repair. Before Rocky McElhaney Law Firm took the case, the girl’s family had been turned down by several lawyers.
- $55,000 SETTLEMENT for a 3-year old who suffered a spiral fracture of his left leg at a day care as he tried to climb over stacked railroad ties which were negligently placed in an area where small children played. Additionally, the daycare failed to comply with state mandated teacher/child ratios which lead to poor supervision of the children. After being in a spica body cast for a month or so, the bone healed and the little boy is not expected to have any long-lasting effects from the fracture.
- POLICY LIMITS SETTLEMENT for 7-year-old boy who was in a severe motor vehicle collision which took the life of his grandmother. RML assisted the family in placing the net settlement proceeds into a structured settlement which will provide needed financial assistance to the little boy in the future.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT against restaurant franchise when a 6-month-old child suffered burns to his hand when the waitress placed hot mashed potatoes in front of the baby.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT for 11-year-old Bedford County pre-teen boy who was struck by a construction vehicle as he rode his bicycle in the street. RML assisted the family in placing the net settlement proceeds for the minor into a structured settlement which will go tax free and provide substantial benefits to the minor including college education funding.
- CONFIDENTIAL OUT-OF-COURT SETTLEMENT against restaurant franchise because a waitress negligently spilled hot coffee on a 9-month-old child causing second degree burns.
Let Rocky fight for you and your family.
Call Rocky at 615-425-2500 or contact the firm online to schedule an initial consultation. From our offices on world famous Music Row in Nashville, the Rocky McElhaney Law Firm represents clients throughout the state of Tennessee, including Knoxville, Memphis, Hendersonville, Columbia, Murfreesboro, Chattanooga and Kingsport.