Case Results & Case Studies

These aren’t necessarily our biggest cases, but they are results that we are proud of because of their individual facts.

Case Studies

Dog Attack Cases

We represented two families involved in a tragic dog attack on two children.  During the attack, the dog attacked an eight year old girl.  After letting go of the girl, the dog then attacked and killed a two year old boy.  We agreed to help the families.  When we agreed to help, we thought it was unlikely that the families would ever make a recovery due to a potential lack of insurance.  However, upon filing a lawsuit we discovered that the dog owner had a renter’s policy and the homeowner had a homeowner’s liability policy.  In addition to helping two great families, we’re most proud of the legal arguments we made.  Due to our legal arguments (which we believe most attorneys would have missed), we were able to double the amount of insurance available under each of these policies so that each of these families received a significant sum. Through discovery, we discovered that the management company violated its own policies and agreements in allowing the dog in the home.  The management company filed a Motion for Summary Judgment, a procedural device designed to have a claim dismissed.  Shortly after we filed our response, the case settled for a very substantial, confidential amount.

We represented a woman who was attacked by her neighbor's rottweilers. Unfortunately, the dog owner's insurance company denied the claim because claims based on attacks by rottweilers were excluded. We took the case to trial and received a substantial judgment against the dog owner. We eventually collected the full amount of the judgment from the dog owner despite the fact that no insurance covered the claim.

Sexual Assault Case

We represented five women who were sexually assaulted by a deputy in East Texas. In a very difficult case, we were able to obtain some justice for our clients through a significant, but confidential settlement. As part of the settlement, our clients offered $10,000.00 towards therapy for the officer to help protect other women. In addition, the case served as the inspiration for the movie Scared Silent, which was part of the Lifetime Television channel’s campaign to stop violence against women and to help put rapists behind bars. Mark Perlmutter was an executive producer for the movie.

Why hire an attorney

We represented an individual involved in an apparently minor rear-end collision in Round Rock, Texas.  Prior to hiring us, the insurance adjuster for the driver who had caused the wreck had offered the client $924.12 to settle the case.  Within six months of hiring us, we had resolved the case for a confidential amount that included the other driver’s insurance company and the client’s underinsured motorist carrier each paying their policy limits. While this case is extreme, it is a good example of showing that clients who hire attorneys usually do better than those who are not represented by attorneys.

Auto Accident Cases

We represented a husband whose wife and two other women were killed in a tragic wreck. The case included claims against the driver of the vehicle, the manufacturer of the vehicle, an engineering firm who designed road construction at the scene, the paving company who performed work at the scene, the general contractor overseeing the work, and others. The case involved numerous complicated legal issues, which included a trip to the court of appeals during the case. Overall, after payment of attorneys’ fees and expenses, our client recovered $992,663.75. While the amounts of all settlements were confidential, we believe that this sum was much larger than the recovery made by the other two families, who were represented by another law firm.

We represented a woman whose husband was killed in a head-on collision by a drunk driver. We initially took the case thinking it would be a pro-bono case, but we soon discovered that the at fault driver had more insurance than suspected. Once this became known, various family members for the husband (many of whom the husband had not seen in years) started showing up and making claims, and the case soon became a fight about how to allocate the found insurance proceeds. We were ultimately able to obtain a significant recovery for the client.

We represented a wonderful young woman who sustained a brain injury following a wreck. Despite many complicating issues, including the fact that our client was not wearing a seat belt at the time of the wreck, we were able to reach a significant settlement that almost exhausted all of the available insurance. After payment of attorneys’ fees, expenses and reimbursement of the subrogation interest, our client netted $319,315.18. Most of these funds were used to purchase a structured settlement that this young woman has already used to help get her life back on track.

We represented an employee of an auto auction who was injured in an on the job injury. The auto auction had cars parked in a row. As our client was walking between cars, a temporary employee hired through a temp agency, hit our client, crushing his leg. Because our client had worker’s compensation insurance, we were unable to sue his employer. Instead, we sued the temp agency and the driver. This was a long, difficult case involving a number of highly technical legal arguments relating to worker’s compensation laws, borrowed servant doctrines, and more. When we initially agreed to represent the person, we were unsure whether there would ever be a recovery due to these very difficult legal issues. But ultimately, we were able to enter into a very substantial settlement to help our client. After attorneys’ fees and expenses, our client recovered $213,368.51.

Another lawyer asked for our help on a case involving a client who was injured when he was rear-ended by a concrete pumping truck. The client sustained some knee injuries, arm injuries, and neck injuries. But the real injury was a back injury, which required surgery. Before our law firm was brought in, the insurance company made an initial offer to settle the case for $13,334.12. We worked on the case, and we proved that the driver of the vehicle had violated his company’s safety procedures and trucking laws. We eventually entered into a substantial settlement. After payment of attorneys’ fees and expenses and reimbursement of a subrogation interest, our client netted $193,367.60.

We represented a driver who sustained a head injury in a car wreck after the other driver ran a red light. Upon our initial demand, the insurance adjuster offered $26,100.00 to settle the case. We promptly filed suit and began to get the case ready for trial. Before trial, we settled at a mediation for a confidential amount. After fees, expenses, and payment of outstanding medical bills, the client recovered $158,020.86, a far cry from the insurance company’s ridiculous starting offer.

We represented an individual who was injured in a wreck in Dallas, Texas. The case was complicated, involving claims against a number of insurance policies and issues regarding pre-existing health damages. This was also a case where the client was represented by another lawyer before becoming dissatisfied with the lawyer and coming to us. We were able to resolve the claims, and after paying attorneys’ fees, expenses, medical providers and reimbursing Medicare for payments it made, the client netted $95,820.97.

We represented a young woman who was riding her scooter when she was hit by a drunk driver. We settled for the driver’s policy limits. After payment of attorneys’ fees, expenses, and repayment of outstanding medical bills, our client netted $61,519.33.

We represented a college student who was hit while riding a bicycle on his college campus. The other side started by vehemently arguing that our client’s injuries were not related to the bike wreck. We ultimately reached a settlement that netted our client $40,923.66 after payment of attorneys’ fees, expenses, and a large subrogation interest.

We represented a musician in his claim arising from a collision at an intersection. While not the largest case, we’re proud of the work we did. This case was essentially a swearing match of who ran a red light at an intersection. While the investigating officers didn’t give anyone a citation, the officers made it clear that they thought our client ran the red light. With the client’s help, we did a lot of investigation work and were able to prove to the insurance company that our client did not run the red light. After payment of attorneys’ fees, expenses, and reimbursement of a large subrogation interest, our client netted $16,608.34.

We represented a bicyclist who was hit at an intersection. Again, while it isn’t the largest case, we’re proud of the work we did. In this case, the investigating police officers actually noted on the report that our client was the cause of the wreck. After a significant amount of investigation, including hiring a very good expert witness, we were able to convince the insurance adjuster that our client did not do anything wrong. After payment of attorneys’ fees and expenses and reimbursement of a subrogation interest, our client received a net recovery or $12,362.58.

We represented a mom who was rear-ended in a McDonald's fast food line. Prior to filing suit and at mediation, the insurance company basically laughed at us for making a claim involving a slow-speed wreck in a fast food line with neither vehicle sustaining much, if any, damage. Shortly before trial, the insurance company offered to settle the case for $8,000.00, not even enough money to cover the expenses for getting the case ready for trial. We took the case to trial, ultimately receiving a judgment for an amount in excess of the defendant's policy limits. After paying fees, expenses, and reimbursing the health insurance company for the amounts they paid for medical care, the client received over $9,000.00 in cash.

We represented a woman who was making a left hand turn into a local restaurant when she was hit by a driver who was driving on the opposite shoulder. The insurance company initially denied the claim saying that our client was turning from an improper turn lane and that their driver had the right to be driving on the shoulder. After filing suit and presenting expert testimony that our client's turn was proper and that the other driver was improperly driving on a restricted shoulder, both the other driver's insurance and our client's underinsured motorist carrier tendered their policy limits. After paying attorneys' fees, expenses, and significant medical expenses, our client netted over $30,000.00.

Premises Liability Personal Injury Cases

We represented a nurse who was injured when she slipped and fell in the common areas of her apartment complex.  During the fall, she hit her head on the concrete, sustaining a serious brain injury.  The client approached other attorneys before coming to us, and those attorneys felt her case was too hard.  We had our own concerns about the difficulty of the case because the law is so difficult on slip and fall/premises liability cases, but we nevertheless wanted to try and help the client.  We worked on this client’s case for over two years to try and prove that the apartment complex knew the dangers of the area and that the client’s injuries were real.  After two years of work, we were able to settle the case for a significant, confidential sum.  After payment of attorneys’ fees, expenses, and reimbursement of a large subrogation interest, the client netted $333,326.96.  A large portion of this was used by the client to purchase a structured settlement.

We represented an Austin Lake Patrol police officer who tripped on a boat dock that was not properly maintained and repaired. The officer sustained significant injuries, and we were able to obtain a significant recovery on his behalf despite very difficult liability facts. But we are most proud about this case because we were again able to help the client when other lawyers were not. Prior to hiring us, the officer had retained another lawyer who essentially sat on the case for over ten years. (Yes, you read that right — TEN years.)  Once we were hired and began pursuing the case, we were able to obtain a settlement within fourteen months, and the client netted $175,000.00 after payment of attorneys’ fees and other expenses.

Shortly before her statute of limitations expired, we were hired by a woman who was hurt at a water slide.  Due to an issue with water flow, she became stuck in the slide.  Despite her not exiting the slide, the slide operator told the woman’s husband (who was the next rider) that it was safe to go.  Unfortunately, the husband collided with the woman, causing her serious back injuries.  Despite the late notice and a number of other difficulties with the case, we were able to enter into a settlement that allowed the client to net $100,558.19 after payment of attorneys’ fees and expenses.

On the Job Injury Case

We represented a gentleman who worked for a North Texas utility hanging transformers on utility poles. As he was hanging a transformer on a pole at a construction site, the pole fell. He survived, but he experienced severe personal injuries that prevented him from continuing this type of employment. We sued the company that set the pole, an electrical contractor that had installed conduit up to the pole, and the general contractor for the job. We’re proud of this case for two reasons. We were able to obtain a significant settlement (in excess of seven figures, with the client netting $424,174.54 after the reimbursement of a large worker’s compensation lien) that allowed our client and his family to maintain a future despite our client not being able to continue in his employment. But perhaps more importantly, we were able to help the client when other lawyers were not. Prior to our hiring, the client had hired another attorney in the Dallas/Fort Worth area who thought the case was too hard and sat on the case for a significant period of time.

Business Dispute

We represented a small business in a lawsuit against Computer Sciences Corporation (“CSC”), a Fortune 500 corporation. Our client was a computer consulting firm that worked, in part, for companies that used CSC software. To work on the software, our client’s consultants had to obtain non-disclosure agreements. CSC eventually canceled those non-disclosure agreements, essentially shutting our client’s business down. The dispute was whether CSC was justified in canceling those agreements. The dispute between the parties arose in September 2001, and working diligently, we were able to take the case to trial in June 2002. We prevailed at trial, and the jury verdict included an award of $8,000,000.00 for punitive damages. Because of Texas law, the punitive damage award was capped at $250,000.00 (the client ultimately recovered $191,103.55). The case was featured in Stephanie Mencimer’s book, Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue.

This is a small sampling of the clients we've helped at Schuelke Law Firm, PLLC. Call us to find out how we can help you achieve a great outcome on your claim at (512)337-3284.