Real Cases

Brott v Bulkmatic
Smith v Jones
Smith v ABC Trucking
John Daniels v City of Coldwater
Estate of Jim Doe and John Doe v Bulkmatic Transport
Ms. Jones and baby Jones v Roberts
Mr. Baker v Heavy Collision and Ottawa County Road Commission

The cases examples below involve actual clients represented by Rich Migala. The settlements described were the actual settlements obtained. These examples show you the range of claims Rich pursues and the results he frequently achieves. They also illustrate the advantages of having a good attorney protecting your legal interests. It is not always necessary to actually go to court to obtain a favorable settlement if Rich Migala is on your side!

Brott v Bulkmatic
Probably my most challenging case was one down in Hillsdale County. I represented a family whose sixteen year old son was killed and the father critically injured when a Bulkmatic Transport truck rear ended the car they were in as they waited to make a left hand turn into a campground.

This was a horrible tragedy that could have been avoided. I was fortunate in that the family called me within forty-eight hours of the accident. I was able to retain and send in top notch investigators, accident reconstructionists, road experts and expert truck mechanics within eight hours of being retained by the family. That urgency allowed us to determine that the truck used a GPS system and mobile computer communication system to remain in contact with the corporate office at all times, even while the truck was moving.

Actually the GPS system allowed the company to know how fast the truck was being driven, its gear shifting patterns, when and where it was at rest and a number of other functions. With this knowledge, I was able to obtain an ex parte subpoena from a judge, without having to file an actual lawsuit, allowing me to seize the truck to have it tested, to force the corporation to maintain all records pertaining to that truck and the monitoring the company did on the truck and not destroy any receipts, or other documents relating to the driver or the truck. We were able to accomplish all of this within a week of the accident.

Our ability to investigate the accident quickly also helped us discover that the driver had been driving excess hours and falsified his log book. This thorough investigation assisted us in settling the claim within six months of the accident for Two Million Dollars ($2,000,000.00) without having to even file a lawsuit.

Smith v Jones

This was an unusual case in that the driver of a car who was burned to death when a semi-truck rear ended his car on I-94 had just turned eighteen and had a fifteen year old wife. There were many issues that were unique that the courts had never been confronted with before that made resolving the claim an interesting challenge.

I should mention that the eighteen-year-old had a one-year-old child. The child now is assured that his future is financially guaranteed as he will receive more than one million dollars over time to enable him to attend school and have a career of his choice to look forward to.

Smith v ABC Trucking

A few years ago, Mr. Smith was in his early 50s, employed as an independent trucker, and earning about $22,000 per year. Then he was horribly burned in an accident.

Mr. Smith sued, seeking compensation for his medical bills, wage losses, and for the horrific scarring, pain and suffering. He initially won a settlement, but lost it on appeal. As a result of his experience, Mr. Smith was not fond of the legal system. Reluctant to even meet with a lawyer, he nevertheless talked to Rich Migala and several other Michigan personal injury lawyers for a later accident he was in. After reviewing his options, Mr. Smith chose Rich to represent him. Mr. Smith fractured his leg in the later accident but could not return to work for at least a year.

Rich achieved a settlement of $475,000 without filing suit. Since he had no pension, Mr. Smith chose to structure the settlement to be paid out over the next 20 years or his lifetime — whichever is longer. He is guaranteed $25,000 annually.

John Daniels vs. City of Coldwater

Married and in his 50s, Mr. Daniels was employed at a large automotive parts manufacturer. He had pre-existing arthritis problems for which he received military disability pay for over 20 years.

Mr. Daniels was seriously injured when a pickup truck owned by the City of Coldwater ran both a stop sign and overhead flashing red light and struck his vehicle. Mr. Daniels was hospitalized for six days. All of his injuries healed except a broken foot. The foot prevented him from returning to his job.

In the lawsuit, the City of Coldwater, was represented by a Detroit-based defense firm with over 100 attorneys. (According to court personnel in the county where the accident occurred, the largest jury verdict in the county, prior to Mr. Daniels' case, was $600,000-a settlement that was further reduced due to the plaintiff's negligence.) Knowing this history of relatively low awards, Rich Migala sought arbitration by arguing, successfully, that the driver of the City of Coldwater vehicle was grossly negligent and that Mr. Daniels was entitled to exemplary damages.

Through arbitration, Rich obtained an award of $1 million-$900,000 on behalf of Mr. Daniels and $100,000 on behalf of his wife.

Estate of Jim Doe and John Doe vs. Bulkmatic Transport

A father and son, attending a family reunion, were stopped to make a left turn into a campground in rural Hillsdale County, Michigan. Their vehicle was struck by a tractor-trailer rig owned by Bulkmatic Transport, Inc.

The son, just 16, was killed. The father suffered serious back injuries that prevented him from returning to his job. Rich Migala's experience as a Michigan State Trooper was invaluable in investigating and pursuing the claim.

Ms. Jones and baby Jones vs. Roberts

The car Ms. Jones was driving was struck by a car that had run a stop sign. Ms. Jones suffered a fractured ankle and her baby suffered a fractured facial bone. Both required expensive surgery for their injuries.

The "at-fault" driver had $20,000 in insurance coverage. The driver's insurance company offered Ms. Jones a settlement of $20,000 on each claim: a total award of $40,000.

The insurance adjuster advised Ms. Jones that she didn't need an attorney because the $20,000 limit was all the coverage the "at-fault" driver had. But Ms. Jones hesitated. Before signing the release to accept the insurance company's $40,000.00, she contacted Rich Migala.

Rich discovered that Ms. Jones was insured under her parent's insurance policy. That policy offered underinsured coverage for an additional $80,000 per injured person. But that coverage came with some important requirements - requirements that are standard throughout the industry. First, to qualify for the additional coverage, the injured person had to notify the insurance carrier within a short time. Second, the injured person could not settle a claim with an at-fault party without the insurance carrier's permission. Failing to get permission would disqualify the injured person from this additional coverage under the underinsured policy.

If Ms. Jones had signed the at-fault carrier's release she would have been limited to the $20,000 recovery per person.

Rich Migala settled the underinsured claim for $70,000 for the mother and $70,000 for the baby. He also obtained the additional $20,000 for Ms. Jones and $20,000 for her child from the "at-fault" carrier.

Mr. Baker vs. Heavy Collision and Ottawa County Road Commission

Mr. Baker suffered a serious leg fracture when he was struck by a tow truck owned by Heavy Collision, Inc. The fracture never fully healed. At first, it appeared Mr. Baker's compensation would be limited to the tow truck's minimal insurance coverage.

Mr. Baker hired Rich Migala to investigate the claim. Rich launched an extensive investigation, and discovered that the Heavy Collision driver was actually driving a vehicle owned by a subsidiary corporation, not by Heavy Collision. Rich filed a claim against Heavy Collision, the driver's employer and the driver's personal automobile insurance carrier.

Rich's investigation also discovered the road on which the accident occurred may have been defectively maintained by the County Road Commission. Rich cited this as a contributing factor to the accident.

Rich's investigation and litigation skills greatly increased the available insurance coverage available from $100,000 to one million dollars. The case settled for $780,000.

Visit Why You Can Depend On Rich and How Rich Wins Cases to see how I can help you.

Above all, be sure to contact me and tell me what I can do for you. I will personally call you back within 24 hours to discuss your problem and answer your questions.

For faster results, you may wish to call me at 800-571-6888. I personally answer all calls 7 days a week, 24 hours a day.

If I don't get compensation for you, you don't owe me a fee!

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