The Keller Verdict Breakdown
This video provides a detailed breakdown of a successful motor vehicle crash trial handled by Ramos Law, involving a corporate defendant whose driver caused an accident by sliding into an intersection. The client, employed by a large grocery store chain, sustained injuries that required surgery and a long recovery, impacting her ability to perform her job. Despite initial challenges, including no pre-trial offer and later a $200,000 offer, the firm secured a verdict of over $660,000, which increased to approximately $1.1 million with attorney’s fees, costs, and interest. The speaker highlights the significant challenges faced, such as the defense’s attempts to portray the client as “money-hungry” due to her quick attorney hire, a pre-existing injury from a fall, and extensive private investigator surveillance footage used to discredit her injuries.
The speaker attributes the trial’s success to the dedicated team at Ramos Law, specifically highlighting the contributions of Jessica McBryant as lead trial attorney for her empathy and strong opening/closing statements, and Randy Manning, the managing partner, for his quick thinking and ability to counter the defense’s tactics, such as getting the surveillance video excluded and exposing the dishonesty of the opposing side. The speaker, a medical doctor and attorney, explains his role in handling medical experts and effectively explaining complex medical concepts, like how a hip injury could occur in a car crash. He also emphasizes the firm’s commitment to going above and beyond for clients, including having multiple attorneys and a psychologist present during the trial, to ensure the best possible outcome. The video concludes by stressing the importance of straightforward communication from medical experts and the firm’s dedication to fighting for justice, even when faced with difficult and dishonest opposing counsel.
- Case Overview and Outcome: The video discusses a motor vehicle crash case involving a corporate defendant whose driver slid into an intersection, hitting the client. The client, employed by a large grocery store chain, sustained injuries requiring surgery and a long recovery, impacting her ability to work. The case resulted in a verdict of over $660,000, which, with attorney’s fees, costs, and interest, amounted to nearly $1.1 million. This was a significant improvement from a pre-trial offer of $200,000.
- Challenges Faced by the Legal Team:
- Client’s Quick Attorney Hire: The defense argued that the client hired an attorney just three days after the crash, attempting to portray her as “money-hungry.”
- Interim Injury: The client fell down stairs, injuring the same areas (left hip, left shoulder, neck) that were hurt in the car crash, creating a challenge regarding pre-existing or interim injuries.
- Private Investigator Surveillance: The insurance company hired a private investigator who filmed the client for weeks, capturing footage of her performing activities like cleaning a porch and carrying heavy bags, which the defense used to suggest she wasn’t as injured as claimed.
- Insurance Company Tactics: Insurance companies tend to take “easy” cases to trial where they can blame the client’s work, activity, or question the injury mechanism, rather than clear-cut liability cases.
- Difficult Defense Attorneys: The opposing attorneys were described as “win at all costs” types, fighting every detail, including the certification of medical records and the color of redactions in documents.
- Gamesmanship and Delays: The defense engaged in tactics like requesting a trial delay for an expert who never appeared, wasting the plaintiff’s team’s preparation time.
- Jury Perception of Defendant: Jurors are not informed that insurance is involved and often feel sympathy for the individual defendant, making it harder to secure a favorable verdict.
- Ramos Law Team’s Strategy and Roles:
- Jessica McBryant (Lead Trial Attorney): Despite it being her first time as first chair, Jessica’s extensive experience as second chair made her performance seamless. She perfected jury instructions, delivered strong opening and closing statements, and demonstrated deep empathy for the client.
- Randy Manning (Managing Partner): Randy’s seasoned trial experience and quick analytical thinking were crucial. He successfully argued to exclude the damaging private investigator video by highlighting improper disclosure. He also effectively countered the defense’s portrayal of their driver as a “poor guy” by detailing the heavy truck and load, and explaining how ABS brakes should have prevented sliding, exposing the defense’s dishonesty.
- Dr. Ramos (Medical Expert/Attorney): Dr. Ramos handled all medical experts, leveraging his medical background and experience testifying as an expert. He was able to guide doctors to provide clear, straightforward answers, overcoming their tendency for nuanced responses. He specifically explained how a hip injury could occur in a car crash despite no direct impact, by detailing the mechanics of hip flexion and internal rotation during a collision. He also addressed the challenge of degenerative changes in medical records, explaining how pre-existing conditions don’t preclude injury susceptibility.
- Unique Aspects of Ramos Law’s Approach:
- Team Approach: The firm sent three attorneys (Jessica, Randy, Dr. Ramos) and a new attorney for observation, demonstrating a commitment to thorough preparation and collaborative input, without charging extra for the additional attorneys.
- Psychologist in Court: They hired a psychologist to observe the trial from the back, providing neutral, open-minded feedback on how the team and their presentation were perceived by the jury, which was invaluable for adjusting strategy.
- Client-Centric Philosophy: The firm prioritizes the client’s life and well-being over cost-effectiveness, investing heavily in resources to ensure the best representation.
- Doctor-Attorney Communication: Dr. Ramos emphasizes the importance of medical doctors being straightforward and clear in their testimony, avoiding vague answers that can benefit the defense by creating doubt.
- Refusal of Mid-Trial Offer: The client, trusting Jessica and the team, turned down a $1 million settlement offer mid-trial, ultimately leading to a higher verdict (closer to $1.1 million with interest and fees). This demonstrated the strong client-attorney relationship and the client’s faith in the team.
- Personal Reflections on Trial Work: Dr. Ramos highlights the emotional and physical toll of trials, emphasizing the long hours and constant need for adaptation. He expresses pride in working with a team that deeply cares for clients and is committed to doing what is right, contrasting it with attorneys who are unprepared or lack genuine concern.
FAQ Frequently Asked Questions
When should I hire an attorney after an accident?
As soon as possible. In this case, the client hired an attorney just three days after the accident, and although the defense tried to use this against her, it was a smart decision. An experienced attorney can:
- Preserve crucial evidence
- Handle communications with insurance companies
- Protect your rights from the start
- Investigate the accident while evidence is fresh
What if I have pre-existing injuries?
Pre-existing injuries don’t disqualify you from receiving compensation. In this case, the client suffered a fall down stairs that affected the same areas injured in the accident (left hip, left shoulder, neck). Experienced attorneys know how to handle these complex situations and demonstrate that the accident aggravated or caused new injuries.
Are insurance companies watching me?
Possibly. In this case, the insurance company hired a private investigator who filmed the client for weeks, capturing footage of her cleaning a porch and carrying heavy bags. It’s important to:
- Always follow medical recommendations
- Be consistent with your reported limitations
- Inform your attorney about any physical activities you perform
- Avoid posting on social media
How long does it take to resolve a motor vehicle accident case?
Each case is unique. This specific case went to trial after the defense initially made no pre-trial offer, then offered $200,000, and finally a $1 million offer was rejected during trial. The process can take months or years, depending on:
- The complexity of injuries
- The clarity of liability
- The cooperation of the opposing party
- The need for ongoing medical treatment
What tactics do insurance companies use to reduce payouts?
Insurance companies may use various strategies, as seen in this case:
- Questioning credibility: Arguing that hiring an attorney quickly shows financial motivation
- Minimizing injuries: Using surveillance to suggest injuries aren’t as severe
- Complicating the process: Fighting every detail, from medical record certification to redaction colors
- Delaying proceedings: Requesting trial delays for experts who never appear
- Victim blaming: Questioning the injury mechanism or suggesting it was caused by other activities
What makes a legal team successful?
This case demonstrated the importance of:
Specialized teamwork:
- Lead trial attorney with jury trial experience
- Managing partner with quick analytical thinking
- Doctor-attorney to handle complex medical aspects
- Psychologist observing trial for neutral feedback
Thorough preparation:
- Multiple attorneys working at no additional cost to the client
- Investment in necessary resources regardless of cost
- Preparation to counter every defense tactic
Clear communication:
- Direct and understandable medical explanations
- Unambiguous expert testimony
- Adaptable trial strategy
Should I accept the insurance company’s first offer?
Generally no. In this case:
- Initial offer: $0
- Second offer: $200,000
- Mid-trial offer: $1,000,000
- Final verdict: ~$1,100,000 (with fees, costs, and interest)
The client trusted her legal team and rejected the $1 million offer, resulting in a better final outcome.
What should I look for in an accident attorney?
Look for an attorney or firm that has:
- Specific experience in motor vehicle accident cases
- Trial history of successful outcomes, not just settlements
- Resources to thoroughly investigate your case
- Client-centered approach that prioritizes your well-being
- Clear communication about the process and expectations
- Willingness to go to trial if necessary
How are damages calculated in an accident case?
Damages may include:
- Medical expenses past and future
- Lost income past and future
- Pain and suffering
- Disability or disfigurement
- Loss of enjoyment of life
- Attorney’s fees (in some cases)
- Interest on the verdict
What if the driver who hit me doesn’t have enough insurance?
In cases involving corporate defendants, like in this example, there’s generally more insurance coverage available. You may also have:
- Uninsured/underinsured motorist coverage on your own policy
- Possibility of suing the employing company directly
- Other assets available to satisfy a verdict
How do I handle surveillance by insurance companies?
Based on this case where extensive surveillance was conducted:
- Be aware that you may be watched
- Always be honest about your limitations and activities
- Don’t exaggerate your injuries, but don’t minimize them either
- Follow all medical advice consistently
- Inform your attorney if you notice surveillance
- Remember that surveillance can sometimes be excluded from evidence if improperly disclosed
What if the defense portrays me as “money-hungry”?
This is a common defense tactic. In this case, they argued the client was “money-hungry” for hiring an attorney quickly. A good legal team will:
- Explain the legitimate reasons for prompt legal representation
- Focus on the actual injuries and their impact on your life
- Present you as a credible, sympathetic client
- Counter false narratives with facts and medical evidence
