Success Stories

On August 19, 2005, our client suffered catastrophic injuries in a van accident in Boca Raton which resulted in the death of a fellow passenger. Our client suffered a traumatic brain injury, orthopedic injury to her ankle, loss of sight in her right eye as the result of an orbital fracture, and an abdominal hernia which required a mesh surgically implanted to preserve the integrity of herstomach.

The damages caused by the traumatic brain injury were unique because Lori had pre-existing Down Syndrome. To make a proper evaluation of what impairment pre-existed and what damage was caused by the TBI, we located, interviewed, and hired Dr. Thomas Gualtieri, Medical Director of the North Carolina Neuropsychiatry Clinics in Chapel Hill and Charlotte. Our client was flown to North Carolina and underwent a vigorous multi-disciplined evaluation, resulting in a diagnosis which segregated her pre-existing condition and TBI injuries. The result was persuasive expert testimony which detailed our client's damages for trial.

With respect to liability, we, the Toral firm, aggressively investigated the issue. The result was eyewitnesses who contradicted the driver's account that a phantom vehicle was involved. Also, the driver was a novice who should not have been driving. The result was defendant's early concession of liability, to avoid the severe negative impact to the defense's credibility, fighting liability would have caused.

In all, this complex case was heavily litigated and settled a year and three months after the accident for $6,100,000.00.

Our client, a Coral Springs resident, is a recent widower, and at 44 years old, responsible for raising his two sons. His commitment to his children was spawned by a promise made to his dying wife. Our client was keeping his oath to his wife when, on November 12, 2004, while traveling on the Sawgrass expressway, he unexpectedly saw a truck axle appear in the roadway, as the preceding car swerved to miss it. Our client ran over the axle, which destroyed the undercarriage of his car and impacted his car seat directly, driving his head and neck into the rest of the car.

He suffered immediate pain to his neck, then his back and shoulder. Over time, MRIs showed herniations at multiple levels in his neck and lower back, and neurological testing showed his radicular symptoms in his legs and arms were the result of nerve damage which emanated from his disk injuries.

At the time defendant tendered their 1 Million Dollar policy, he had two neck surgeries and was set to undergo a lumbar surgery and shoulder surgery.

This case presented unique factors: the defendant disposed of the evidence (the axle) by re-incorporating it into another vehicle which they could no longer identify. This left plaintiff without evidence to discovery why the axle fell and to provide negligence. The plaintiff asserted a claim of "spoliation" under Florida law. This claim, if accepted, permits the court to reverse the burden of proof and place it on defendant where a defendant wrongfully disposes of known evidence. If the burden of proof shifts, then defendant cannot disprove negligence in the absence of the evidence which was lost.

Defendant, apparently convinced it would suffer this fate, tendered its $1,000,000 policy limits. We wish our client the best in utilizing the proceeds of settlement to raise his family.

An injured worker who fell from an aerial lift bucket truck onto Interstate 95. A motorist, who had rented an exotic sports car for the weekend was found to be driving under the influence of marijuana when he struck the worker as he fell, causing the victim to suffer significant orthopedic trauma and a resulting traumatic brain injury. Our firm, after a full year of contentious litigation, helped this individual get his life back after this tragic incident, with a settlement sufficient to provide for all of his current and future needs. To help secure the victim’s future, our firm arranged for a special needs trust to be established, in the amount of $2.5 million, ensuring that financial worries would not add to an already tragic situation; and removing any financial burden from his family.

Recently we represented a motorcyclist who was not wearing a helmet when he was accidentally struck by a motorist operating a rental vehicle when improperly making a left turn – changing our client’s and his family’s life forever. He required extensive physical, cognitive and vocational therapy. Thankfully we assisted in obtaining a 3 million dollar settlement for his current and long term care.

An undocumented worker, who, in an effort to provide financial support for his family in Mexico, came to this country only to have his life needlessly cut short when the driver of a tractor-trailer crossed the center line on the highway, killing the undocumented worker and two others who were in the vehicle with him. As is the case with all of our clients, his immigration status had no bearing on our decision to represent his family; Our firm filed a lawsuit against the trucking company and virtually on the courthouse steps before the trial successfully negotiated a $1 million settlement on behalf of his family.

Our firm successfully represented a 77-year-old gentleman who fell while outside a Miami Beach condominium. In the blink of an eye, this person’s life was altered dramatically, as the injuries he sustained required a total of eight surgeries to repair damage to his brain and evacuate subdural hematomas. As a result of our efforts on his behalf, a settlement of nearly $1 million was reached, with no need for litigation, to ensure the victim’s needs are met both now and in the future.

Toral & Associates represented the 19-year-old passenger of a single-car accident who suffered significant injuries to his lower extremities, extreme orthopedic injuries and damage to his brain when the driver of the car crashed into a concrete post. The driver’s blood-alcohol level was below the legal limit, at .05, however our firm successfully argued that this evidence should be admitted, as it was sufficient to demonstrate impairment and could serve as the basis for punitive damages. We gained a pretrial settlement of $1.25 million on behalf of the victim.

One case involved a 68-year-old accident victim - the passenger of an automobile, which was struck from behind. This individual had not received appropriate medical attention after being transported by EMS to the hospital, even though his injuries were substantial. It was only after our firm became involved that he was found to have Traumatically Induced Cervical Cord Syndrome, which necessitated emergency cervical fusion at multiple levels. As a result of our firm’s representation, and our ability to take an active role in diagnosing his injuries, the victim was able to collect more than $500 thousand, and his family can take comfort in the fact that his needs will be met long into the future.