IMPORTANT DISCLAIMER. READ CAREFULLY.
The following 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. The Boughter Law Office 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 the Boughter Law Office obtained in one case is in no way a guarantee that the same or similar result will occur in any future case.
General Negligence and Workers’ Compensation
Recovery for a man who injured his back and suffered a broken wrist while working within the course and scope of his employment as a truck driver. The client had picked up a load of baked goods from a local bakery. As he climbed on back of the bakery’s trailer to secure the load, the canvas strap broke and the client fell off the rear of the trailer landing hard to the ground. Multiple depositions of the defendant’s employees were taken that established a lackadaisical attitude towards safety. The bakery employee, a supervisor, who oversaw the loading of the trailer at issue admitted in his deposition that if the trailers are loaded to the back door that this poses a danger to the drivers. The Boughter Law Office retained a trucking expert, vocational expert, and medical expert, all of which fostered the winning result obtained. In addition to the $500,000.00 recovery in the third party case, the Boughter Law Office recovered $200,000 for the client in his worker’s compensation case along with his TTD, medical, and waiver of the worker’s compensation lien bringing the total value in excess of $800,000.00.
Workers' compensation settlement for a man injured in a chemical explosion resulting in severe 3rd degree burns covering 39% body surface area.
Wrongful Death/Workers’ Compensation
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, the Boughter Law Office 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.
Wrongful Death/Workers’ Compensation Case
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. The Boughter Law Office 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, the Boughter Law Office 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 the Boughter Law Office, another attorney had declined representation of the family given the difficulty of the case and the unlikelihood of any recovery.
Workers’ Compensation & Electrocution/Shocks/Burns
Client suffered burns to his upper body as a result of an explosion while working within the course and scope of his employment. The Boughter Law Office recovered the client all benefits he was entitled to under the Worker’s Compensation Act, including negotiating lifetime medical benefits and benefits for the permanency of his injuries.
Client suffered a below the knee amputation as a result of his leg being crushed by a tractor while at work. The Boughter Law Office 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 Worker’s Compensation Act.
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 $12,600.00, the Boughter Law Office aggressively represented the client and secured a settlement nearly 12 times the value of his rating.
Premises Liability, Personal Injury & Workers’ Compensation
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. The Boughter Law Office aggressively represented the client enabling him to recover over $55,000.00 in worker’s compensation benefits and $80,000.00 in his premises liability action for a combined monetary recovery of just over $135,000.00.
Product Liability/Workers’ Compensation
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, the Boughter Law Office 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. The Boughter Law Office 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. The Boughter Law Office 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, the Boughter Law Office retained a vocational economic expert and a life care planner to evaluate the Plaintiff's damages. The Boughter Law Office successfully represented the Plaintiff in his worker's compensation claim as well and negotiated waiver of the worker's compensation lien of more than $100,000 in its entirety.
Workers’ Compensation - Machine Defect
Client suffered an amputation of two fingers when his hand got smashed in a machine due to a defect. The Boughter Law Office secured the client all benefits he was entitled to under the Worker’s Compensation Act, including an amount in excess of the value for his amputation. The Boughter Law Office is currently litigating a third party product liability claim against the manufacturer of the alleged defective machine.