Our Results
At the law firm of Toral Garcia Battista , our attorneys and staff contribute their time, energy and resources throughout the state of Florida to several organizations dedicated to improving the lives of others. Not only do we find it rewarding for ourselves, but we also enjoy the smiles we bring into the lives of those less fortunate. It is both our hope and our goal that these contributions of time and money will benefit those who are most in need throughout the communities in which we live, work and raise our families.
TGB Obtains Over Ten Times The Policy Limits For Brain Injured Student
On March 2011, Toral Garcia Battista secured a $1,085,000.00 settlement for a Florida State University student who was involved in a motorcycle accident while on his way to class. The defense failed to yield the right of way. However, liability and damages were disputed as the student did not wear protective headgear and the defense challenged the plaintiff to properly ride a motorcycle. We were able to obtain a settlement in excess of the Defendant’s policy limits, despite the contested issues. Thankfully, the settlement proceeds will allow the student, who suffered a traumatic brain injury as a result of the accident, to provide for his future medical care.
Confidential Settlement for Brain Injured Pedestrian
Plaintiff, a 62 year old war veteran, sustained traumatic brain and orthopedic injuries as a result of being hit as a pedestrian on Florida’s Highway.
Due to mechanical failure, Plaintiff parked his vehicle on the shoulder of the highway with his emergency lights activated. He got out of his car to check on his vehicle and as he returned to the front door to open it, the defendant swerved onto the shoulder and hit him.
The main defense in the case was the plaintiffs own negligence regarding his proximity to the lanes of travel and his visibility at night.
$2.4 Million for Injured 21-year-old College Student
In October 2008 Toral Garcia Battista obtained a settlement of $2.4 million dollars for a 21 year-old college student in a case that presented several nearly insurmountable liability issues and challenges. In June of 2007, the young lady in the case made a complete stop at an intersection in Panama City, Fla., prior to making a left turn. She saw a semi-truck heading toward her in the opposite lane, but she gauged that she had ample time to safely make a left turn ahead of it. As she accelerated, her tires began to slip on gravel, causing her to momentarily lose control of the vehicle, which moved directly into the path and right of way of the oncoming truck. Despite her best efforts, she was unable to move her vehicle out of the way and was struck by the truck at a high rate of speed. Based on the facts in the case, the young lady had clearly violated the truck’s right of way and was therefore responsible for the accident. In addition, a witness even claimed that she had not been wearing her seatbelt. She suffered a severe traumatic brain injury and was in a coma for nearly a month. Though she has made considerable progress, she has been left with severe cognitive disabilities and will require professional care for the rest of her life. Based on the police report, the prospect of any recovery appeared dim. Yet despite the overwhelming evidence against her, Toral Garcia Battista agreed to take on her case. through our intense efforts and investigations in this case, we were able to discover that the semi-truck was not only traveling above the speed limit, but the driver had not practiced acceptable commercial driving standards because he completely failed to apply the brakes before the collision. We were also able to call into question the testimony of the supposed witness who claimed that our client was not wearing her seatbelt. Our investigation revealed not only that this witness was suspiciously absent from the police report but also that they had a commercial relationship with the owners of the truck.
As a result, we were able to obtain a settlement of $2.4 million dollars for the young lady in this case, and the funds will be instrumental to providing her the care and assistance that she will need for the rest of her life.
$2.5 Million Recovered for Victim Struck by marijuana influenced driver
Our client, a worker who fell from an aerial lift bucket truck onto Interstate 95 was struck by a motorist who was driving under the influence of marijuana and had rented an exotic sports car for the weekend. This caused the victim, our client, to suffer significant orthopedic trauma and a resulting traumatic brain injury. After a full year of contentious litigation, our firm 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.
Motorcycle accident changes a family’s life forever- $3 Million settlement
Recently we represented a motorcyclist who was not wearing a helmet when he was accidentally struck by a motorist operating a rental vehicle. The driver made an improper left turn which changed 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.
$1.25 Million for 20 Year-Old Motorcyclist
On October 27, 2008, a 20 year-old young man suffered a severe traumatic brain injury when he was cut off by an automobile as he drove his motorcycle in Destin, Florida. The vehicle violated his right of way, causing him to slam into the driver’s side door. He was airlifted to the local trauma center in Pensacola, where he was treated for the brain injury as well as severe fractures to his spine and arm. Upon admission, the hospital considered his prognosis very poor and his chances for survival were low. Just five months after the accident, the young man is now back home and steadily improving. Thanks to the $1.25 million dollar settlement that we were able to secure, he is receiving the physical, cognitive and rehabilitative treatments that he now requires.
Motorcycle accident changes a family’s life forever- $3 Million settlement
Recently we represented a motorcyclist who was not wearing a helmet when he was accidentally struck by a motorist operating a rental vehicle. The driver made an improper left turn which changed 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.
$6.1 Million for Accident Victim With Down-Syndrome
Our client suffered catastrophic injuries in a Boca Raton van accident, which resulted in the death of a fellow passenger. Due to this accident, she 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 her stomach.
The damages caused by the traumatic brain injury were unique because the young lady 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 van. 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.
TG&F Settles Tobacco Claims for $12.3 Million
In the latter half of 2008, Toral Garcia Battista settled tobacco claims for $12.3 million dollars. As part of a class action settlement, tobacco companies paid $580 million dollars to resolve the claims of sick Florida smokers. The courts placed these funds in a trust, and the onus was placed on Florida attorneys to find and qualify the state’s smokers who were entitled to compensation for their injuries. In an unprecedented campaign for our law firm, Toral Garcia Battista reached out to more than 1,500 Florida smokers and assisted them in the qualification process. In order to qualify, individuals had to be Florida residents with a history of smoking who had been diagnosed with a tobacco related illness prior to November 21, 1996. Unfortunately, doctors and hospitals are only required to keep medical records for seven years, so many of the required documents for these individuals had been previously destroyed. Through intensive investigations and research as well as continuous open lines of communication with our clients, the firm was able to locate most of the necessary medical documentation. As a result of our efforts we were able to qualify an extraordinary 80 percent of our clients for payments from the trust fund.