NOTE: This article is part of our ongoing series highlighting recent cases.
We were contacted by an active duty Army sergeant who was injured when a truck cut off his motorcycle and he, too, sustained serious injuries to his leg. He was required to undergo a number of surgical procedures and, when he contacted us, the military was in the process of assessing whether he needed to be medically discharged seven months shy of 20 years in service and retirement. To add insult to injury, he was unable to reach any type of settlement with the at‑fault party's insurance carrier because of a lien placed against any settlement funds. When we met this sergeant we, again, reviewed his entire case and, again, were able to find an additional insurance policy, worth $100,000.00, that he was unaware of that had liability to make payment for his injuries and accident.
Knowing everything that we did about the case, and how valuable it could be in terms of attorney's fees, we still reduced the fees that we charged this service member in thanks and gratitude to his two deployments to Afghanistan. We were immediately able to provide the at‑fault party's insurance carrier with adequate assurances that the lien would be satisfied and they shortly they turned over the available insurance monies to satisfy his claim.
We were also successful in our efforts at lobbying the military with regard to his situation and we received a waiver their lien.
Again, a client who we were able to enhance the value of his settlement, significantly, through our knowledge and efforts. Yet at the same time that we provided value to this client, we still maintained our office's own pride and integrity in adjusting our fee for this serviceman.