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Case Results

Our Client Recoveries

All lawsuits are different and Tittle & Perlmuter makes no representation or promises that it can obtain the same results in other cases. These results do not guarantee, warrant, or predict the outcome of any future legal matter. You should consult an attorney for advice regarding your individual situation.

$8.3 Million Settlement

Medical Malpractice Case

The head of a surgical bed malfunctioned during our client’s brain surgery and went unnoticed by staff, resulting in massive, catastrophic brain damage leaving our client in a permanent vegetative state.

$6.19 Million Verdict

Medical Malpractice Case

While hospitalized for atrial fibrillation, our client was prescribed several new medications creating a risk of falling, including one that was administered 7 hours before it was due.  He fell and struck his head, resulting in permanent brain damage.

$2.5 Million Settlement

Consumer Protection

The Defendant company suddenly stopped honoring a product lifetime warranty that it offered on some of its product lines after it transferred ownership and its assets unbeknownst to its customers; and therefore, no longer had to honor the warranty.

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After an owner of the product came to us following product failure, class actions lawyers at Tittle & Perlmuter carried out an in-depth investigation into the asset transfer. Subsequently, we discovered the transfer was fraudulent and deprived consumers of the benefit of the warranty. Accordingly, this case was filed as a class action and settled for the benefit of the class with the establishment of a new warranty, thereby benefiting any consumer who had previously purchased the product at issue.

$1.35 Million Settlement

Premises Liability Case

While entering a building, our client was struck and knocked to the ground by a handicap door that operated with excessive force and speed.  She sustained an incomplete spinal cord injury, rendering her largely bedbound.

Multi-Million Dollar Settlement

Will Contest Probate Litigation

An elderly widower with a multi-million dollar estate hired home health care aids to assist with taking care of him at home. The home health aids then schemed up a plot over the next year dissipating his assets and transferring his entire estate into their names.

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An elderly widower with a multi-million dollar estate hired home health care aids to assist with taking care of him at home. The home health aids then schemed up a plot over the next year dissipating his assets and transferring his entire estate into their names. After the elderly man died, all the assets were transferred directly to the aids. Subsequently, the probate litigation and will dispute lawyers at Tittle & Perlmuter were hired by the majority of beneficiaries under the widower’s will. After contentious litigation lasting roughly a year, we successfully recovered all the assets that were attainable, and more, which included forcing the aids to sell off assets they purchased with the money, including homes and cars.

$1.3 Million Unanimous Verdict

Premises Liability Case

Our client slipped on a wet, unmarked floor at Mr. Hero, shattering her kneecap. This injury had a catastrophic impact not only on our client, but also on her husband, who she was caring for at the time after he was diagnosed with terminal cancer. 

$1,150,000 Settlement

Wrongful Death in Motor Vehicle Crash

Our client was tragically killed at the age of 50 in a head-on collision with a delivery truck when the driver of the truck fell asleep at the wheel.  Tittle & Perlmuter was able to recover in excess of the trucking company’s policy limits by successfully pursuing strenuously disputed vicarious liability claims against a separate entity that established the driver’s routes.

Confidential 7-Figure Settlement

Medical Malpractice Case

Failure to Diagnose an Aortic Dissection. This was a wrongful death case where the decedent reported to the hospital with severe chest pain. Despite the chest pain, the physicians at the hospital failed to rule out an aortic dissection and discharged the patient home without making a definitive diagnosis relating to the chest pain. The next day, the decedent died of a ruptured aortic dissection.

Confidential 7-Figure Settlement

Medical Malpractice Case

Our client sustained massive blood loss and kidney damage from an undiagnosed post-partum hemorrhage.

Confidential 7-Figure Settlement

Elder Financial Abuse Case

Our clients’ elderly parents, in declining physical and cognitive health, were convinced by their power of attorney to alter their estate plan to cut them out of any inheritance.

Confidential 7-Figure Settlement

Medical Malpractice Case

Our client sustained a spinal cord injury, rendering her paraplegic for spinal hematoma, suffered after a lumbar fusion surgery.

Confidential 7-Figure Settlement

Medical Malpractice Case

Despite placement on testosterone replacement therapy, our client had no PSA tests or digital exams conducted and was ultimately diagnosed with metastatic prostate cancer.

7-Figure Settlement

Medical Malpractice Case

A patient was prescribed testosterone replacement therapy by his doctor following complaints of chronic fatigue. Unfortunately, the hormone that is required to be measured prior to this type of treatment to ensure the patient does not have prostate cancer (PSA) was never carried out.

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A patient was prescribed testosterone replacement therapy by his doctor following complaints of chronic fatigue. Unfortunately, the hormone that is required to be measured prior to this type of treatment to ensure the patient does not have prostate cancer (PSA) was never carried out. Additionally, the patient was never warned about the risk of prostate cancer growth associated with this type of therapy. After several years, the patient was diagnosed with stage 4 prostate cancer, which essentially was a death sentence. The Cleveland medical malpractice lawyers at Tittle & Perlmuter were able to negotiate a seven-figure settlement on behalf of the patient.

$835,000 Settlement

Unpaid Overtime

Tittle & Perlmuter represent a class of 98 aides working in group homes for disabled clients.  The aides were deprived of overtime pay for off-the-clock “on-call” work.

$800,000 Verdict

Wrongful Death of Nursing Home Resident

Scott Perlmuter and Katie Harris obtained a $800,000 jury verdict for the death of a nursing home resident who was prescribed morphine for his chronic pain despite having advanced kidney disease.

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Scott Perlmuter and Katie Harris obtained a $800,000 jury verdict for the death of a nursing home resident who was prescribed morphine for his chronic pain despite having advanced kidney disease.  Since the kidneys filter out and pass toxins from medications like morphine, our client’s kidney disease caused the morphine to build up; after a few days of receiving morphine he was found overmedicated and unresponsive.  By the time that Narcan was administered, it was too late. He suffered a cascade of medical complications culminating in his death 17 days later.

 

The doctor denied that prescribing the morphine was improper, and denied that our client’s death had anything to do with his having received morphine.  He defended the case by pointing to all of our client’s chronic medical issues and the fact that our client had been referred to hospice two years before the incidents at issue at trial.  The doctor refused to participate in any settlement negotiation even up through the time that the jury returned with the judgment against him.

$750,000 Settlement

Bus-Pedestrian Collision

Our client was struck by a school bus while crossing the street, fracturing multiple bones in his leg, his pelvis, his shoulder blade, and a finger.

$735,000 Verdict

Accounting Malpractice Case

Scott Perlmuter obtained a unanimous $735,000 jury verdict in favor of his client, a steel distributor, against its accountant.  The accountant had failed to properly advise the steel company on the handling of certain transactions that caused significant inaccuracies on the company’s financial statements.

$715,000 Settlement

Pension Class Action

Tittle & Perlmuter represented a class of 30 former employees of a company that failed to retain the employees’ pension records.  As a result, when the employees reached retirement age, their pension claims were denied.  Through this class action settlement, all of the affected retirees received their entire pensions.

$535,000 Settlement

Class & Collective Action Case

Scott Perlmuter resolved a wage lawsuit on behalf of over 200 community mental health employees who weren’t paid for various aspects of their working day, like intraday travel, working on patient notes, and waiting for patients who did not show for their appointments.

$287,500 Settlement

Fair Labor Standards Act Collection Action

This case involved the mandatory off-the-clock bank deposits made on behalf of the employer.

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This case involved the mandatory off-the-clock bank deposits made on behalf of the employer.

 

After over two years of hotly contested litigation in Petty v. Russell Cellular, Tittle & Perlmuter successfully finalized and settled a Fair Labor Standards Act collective action on behalf of 390 current and former full-time employees of a Verizon Wireless retailer with over 250 locations nationwide. These employees were required to make nightly, off-the-clock bank deposits of any cash payments received during their shifts. Since the bank deposits often took these employees over 40 hours in a workweek, the federal Fair Labor Standards Act mandates that the employees be compensated at a rate of one-and-a-half times the employee’s regular rate of pay for time spent making those deposits. However, these employees were deprived of any compensation for their time spent on bank deposits.

 

We filed suit in November 2013, and on March 28, 2014, the case was conditionally certified as a collective action. On January 22, 2016, Judge James Graham, in the United States District Court for the Southern District of Ohio, approved a settlement which provides for payment of back wages to all affected employees who opted into the case. The employer’s records did not contain information on the amount of time that each deposit took. However, according to records that were provided and calculations by the parties, the settlement provides for payment in full – or very nearly in full – for each of the 390 opt-ins.

$215,000 Settlement

Class & Collective Action Case

Scott Perlmuter fought on behalf of over 100 nursing home and long-term care & rehab facility employees whose shift differentials and shift pickup bonuses were not included in their overtime rates, nor added into their rate of pay when calculating their overtime rates.

$200,000 Settlement

Class & Collective Action Case

Scott Perlmuter reached a successful settlement for daycare and nursery school employees whose clocked times were changed at the beginning and end of their shifts to scheduled start and end times, rather than the hours they actually worked.

High Six-Figure Settlement

Legal Malpractice Case

This case involved an attorney’s failure to protect a client’s interests in a business dispute.

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This case involved an attorney’s failure to protect a client’s interests in a business dispute.

 

We represented an inventor following a business dispute with his partner. Our client held several patents and his business partner owned manufacturing companies, which produced the products invented by our client. As partners, they sold the business and patents to a buyer who was to pay them royalties after the sale. When the deal went south, our client and his business partner hired a law firm to pursue the royalties owed to them. The litigation went on for years and the law firm eventually sold our client’s interest down the river, settling only the claims of the business partner and dismissing our client’s claims, with prejudice. Subsequently, we filed suit against our client’s former attorneys for their negligent representation of our client and failure to protect his interests. After years of litigation, a high six-figure settlement was reached.

Confidential 6-Figure Settlement

Car Accident Case

Our client suffered significant post-concussive issues, including cognitive impairment and depression, after a mild traumatic brain injury that they sustained in a car crash.

Confidential 6-Figure Settlement

Bicyclist Accident Case

Our client was riding their bike when they were struck by a vehicle while crossing an intersection. She fractured both of her legs in the accident and sustained scarring on her legs, forehead, and hands.

Confidential 6-Figure Settlement

Medical Malpractice Case

Our client sustained a perforated bowel that went undiagnosed during her C-section, resulting in septic shock necessitating a prolonged ICU stay and mechanical ventilation, as well as permanent scarring and severe physical and emotional debility.

Confidential 6-Figure Settlement

Wrongful Death Medical Malpractice Case

Our client presented to an emergency room department with signs and symptoms of a heart attack and because it took them so long to triage her, she sustained a heart attack in the waiting area and died.

Confidential 6-Figure Settlement

Wrongful Death Case

Our client missed his scheduled dialysis because of surgery and had a heart arrythmia while being evaluated in the emergency department when he presented to the hospital with signs and symptoms of hyperkalemia.

Mid-Six Figure Recovery

Employee Benefit Life Insurance Case

For twenty-five years, our client was enrolled in his employer-sponsored life insurance plan and  paid a monthly premium to obtain extra coverage for the benefit of his wife.  He fell terminally ill, and his employer and third party administrator both misinformed him about how to keep his coverage in place.

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For twenty-five years, our client was enrolled in his employer-sponsored life insurance plan and  paid a monthly premium to obtain extra coverage for the benefit of his wife.  He fell terminally ill, and his employer and third party administrator both misinformed him about how to keep his coverage in place.

 

The employer and third party administrator both vehemently disputed that they had provided him with incorrect information, and also claimed that our client was aware of the proper means to maintain his coverage despite any conflicting information.  Through multiple lawsuits, Tittle & Perlmuter was able to achieve a recovery totaling nearly the entire value of the life insurance policies.

Mid-Six Figure Settlement

Insurance Bad Faith Case

This case involved the denial of insurance coverage in a car accident case.

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This case involved the denial of insurance coverage in a car accident case.

 

Our client was working on the side of a state highway at a plant nursery, when a car lost control, ran off the road and struck her, causing significant injuries to her legs. The driver’s auto insurance company refused to provide him coverage, claiming that his policy had been terminated for non-payment prior to the accident. Because the driver had no insurer and attorney defending him, a large judgment was rendered against him.

 

However, the insurer had not followed its own internal policy or state law in attempting to terminate the policy, causing the policy to remain in force. The driver should have been provided coverage and a defense by his insurer, and failure to do so was a bad faith handling of the claim by the insurer. The driver assigned his bad faith claim to our client and we filed suit on her behalf.

 

After lengthy litigation, a significant settlement in the mid six-figures was reached by the attorneys at Tittle & Perlmuter.

Mid-Six Figure Settlement

Product Liability Case

In this case, our client developed Reactive Airway Dysfunction Syndrome (RADS) after exposure to algaecide that contained inadequate product warnings.

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In this case, our client developed Reactive Airway Dysfunction Syndrome (RADS) after exposure to algaecide that contained inadequate product warnings.

 

Our client, a Florida resident, came home to Ohio to visit his dad. While on his visit, he wanted to help his dad clear out some algae in his pond, so he went to a local store. While at the store, he picked up a sample of an algaecide – the algaecide did not have any instructions included or even a product label.

 

Once at his father’s house, he applied the algaecide using his bare hands and without any personal protective equipment. Unbeknownst to our client, the product requires the algaecide to be applied only while wearing some type of protection, such as a dust respirator and gloves.

 

Shortly after use, our client developed blistering of his hands, arms, and face, along with facial swelling. Over the next few days, his symptoms progressed and he developed extreme shortness of breath, leading to a twelve days hospitalization. While in the hospital, our client was diagnosed with Reactive Airway Dysfunction Syndrome (RADS) – a permanent lung condition that would forever alter our client’s life.

 

The Cleveland product liability lawyers at Tittle & Perlmuter filed the lawsuit and after a lengthy litigation, the defendants agreed to mediate the case where a settlement in the mid six-figures was eventually reached.

Mid-Six Figure Settlement

Medical Malpractice Case

This case involved a transected vena cava which lead to death.

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This case involved a transected vena cava which lead to death.

 

The patient was presented to the emergency department due to dehydration. Since the patient required fluids, an IV was attempted. However, likely due to the dehydration, an IV could not be successfully started. Accordingly, the emergency room physician decided to place a central line to administer fluids into the patient’s right subclavian artery.

 

Unfortunately, while placing the central line, the emergency room physician was negligent. Specifically, while attempting to guide the central line through the subclavian and down into the superior vena cava, he negligently punctured through and into the patient’s ascending aorta within her pericardial sac. This, in turn, caused the patient to die almost instantly due to a hemopericardium. As a result, the medical malpractice lawyers at Tittle & Perlmuter were able to negotiate a mid six-figure settlement with the emergency room physician and hospital.

Six Figure Settlement

Nursing Home Neglect Case

The patient fell, fractured her hip, and passed away shortly thereafter.

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The patient fell, fractured her hip, and passed away shortly thereafter.

 

The mother of our client was an elderly woman who required some physical therapy following a hospitalization; accordingly, she was admitted to a Cleveland area nursing home to meet that goal. The plan was for the elderly woman to return home after receiving the therapy – unfortunately that never occurred due to the negligence of the nursing home.

 

The elderly woman required a one-person assist with stand by contact guard until she regained her strength. This meant that a nurse’s aid must be at the side of the woman whenever she walked or went to the bathroom. After waking up one morning, the woman needed to use the restroom and an aid was called. The aid left the room while the elderly woman was using the restroom, and predictably, the woman fell fracturing her hip. While she was rushed to the hospital, the elderly woman’s organs failed over the next few days and she died.

 

The Cleveland nursing home neglect lawyers at Tittle & Perlmuter aggressively litigated the case. After nearly a year of litigation, the nursing home agreed to mediate the case where a six-figure settlement was reached.

Six Figure Settlements

Two Car Accident Victims

In this case, our clients were involved in a T-bone car accident. The victims suffered a fractured shoulder and broken ribs, respectively.

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In this case, our clients were involved in a T-bone car accident. The victims suffered a fractured shoulder and broken ribs, respectively.

 

Our clients were the driver and passenger in a T-bone accident, where the other driver ran a stop sign and plowed into the passenger’s side of their vehicle at a high rate of speed. The driver and passenger sustained a fractured shoulder and fractured ribs, respectively, and each of their cases were settled before suit was filed in the six-figures.

Six Figure Settlement

Nursing Home Malpractice Case

The case involved overdosage of insulin and subsequent failure to monitor a diabetic patient.

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The case involved overdosage of insulin and subsequent failure to monitor a diabetic patient.

 

Our elderly client was admitted to a nursing home for rehabilitation after a fall at home resulting in a hip fracture. The client was an insulin-dependent diabetic, so the nursing home was responsible for monitoring her glucose levels and administering insulin while she was in the facility.

 

The nurses at the facility were inadequately trained on the types and effects of insulin, and rigidly applied a sliding scale for administration of insulin. As a result, our client received multiple large doses of short-acting insulin over a couple hour period, and fell into a hypoglycemic coma. When she was found unconscious and unresponsive, she was administered several doses of glucagon, but it was too late. The hypoglycemic shock had resulted in anoxic brain damage and died shortly thereafter.

 

Our lawyers filed suit and settled the case with the nursing home in the six-figures.

Six Figure Settlement

Medical Malpractice/Wrongful Death Case

This case involved improper prescription of a beta blocker in a patient with asthma that caused bronchospasm and death.

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This case involved improper prescription of a beta blocker in a patient with asthma that caused bronchospasm and death.

 

A patient reported to the emergency department with complaints of chest pain and shortness breath. The patient, a known asthmatic, was prescribed a contraindicated medication for asthmatic patients. This, in turn, caused the patient to suffer a bronchospasm, which prevented the patient from breathing. Due to the fact that the air supply of the patient was cut off for an extended period of time, she suffered an anoxic brain injury, which eventually took her life.

 

The emergency room malpractice lawyers at Tittle & Perlmuter investigated the medical negligence and filed a lawsuit. Eventually, the emergency room doctor agreed to mediate the case where a mid to high six-figure settlement was reached.

Six Figure Settlement

Pedestrian Accident Case

In this case, our client suffered a displaced lateral tibial plateau fracture.

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In this case, our client suffered a displaced lateral tibial plateau fracture.

 

Our client was walking into a local grocery store when the negligent driver failed to pay attention and struck our client in the leg. Our client was taken by ambulance to the local hospital where she was diagnosed with a displaced lateral tibial plateau fracture. As a result of the fracture, our client had to have her knee aspirated, injected with lidocaine, and suffer through a long period of non-weight bearing while wearing an immobilizer.

 

Despite the obvious injury, the defendant driver’s insurance company refused to offer a dime without a lawsuit claiming that the car never actually struck our client. Fortunately, the pedestrian accident lawyers at Tittle & Perlmuter were able to file the lawsuit and obtained the surveillance video from the grocery store, which clearly showed the impact between the car and the client.

 

After roughly a year of litigation, the case settled on the eve of trial for the insurance policy limits, totaling six figures.

Six Figure Settlement

Asset Concealment Case

A bank permitted the attorney-in-fact (AIF) for a wealthy customer change the beneficiary designations on his bank accounts with a power of attorney (POA), such that the AIF would receive the proceeds of the account upon the death of the customer.

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A bank permitted the attorney-in-fact (AIF) for a wealthy customer change the beneficiary designations on his bank accounts with a power of attorney (POA), such that the AIF would receive the proceeds of the account upon the death of the customer. However, the POA did not permit the AIF to change bank account beneficiary designations, so we filed suit against the bank for concealing assets that would otherwise have gone to the customer’s estate.

 

The probate litigation attorneys at Tittle & Perlmuter held the bank accountable for failing to protect its customer’s assets, settling the claim in the six-figures.

Six Figure Settlement

Slip and Fall Case

In this premises liability case, our client fell on an uneven ledge at a courthouse. The accident resulted in broken bones in her leg and arm.

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In this premises liability case, our client fell on an uneven ledge at a courthouse. The accident resulted in broken bones in her leg and arm.

Our client was a witness at a hearing at an Ohio courthouse. When she was waiting outside of the court to testify, she fell off of an unprotected ledge near the doorway, breaking her shoulder and leg.

 

The personal injury attorneys at Tittle & Perlmuter filed suit against the county which owned the courthouse premises. The county attempted to have the case dismissed on sovereign immunity grounds, which the trial court rejected. The county immediately took the case to the court of appeals, and we won the appeal. When the case was sent back to the trial court, the county finally agreed to resolve it in the six-figures.

Six Figure Settlement

Motor Vehicle Accident

In this case, the accident resulted in our client fracturing their pelvis and knee cap.

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In this case, the accident resulted in our client fracturing their pelvis and knee cap.

 

Our client, a traveling nurse, was travelling down a country road when the distracted driver ran a stop sign and slammed into her – the damage to the vehicle was so severe her car was completely totaled. EMS arrived on the scene and transferred our client to a small hospital who immediately shipped her to a trauma hospital in downtown Cleveland. While she was hospitalized for several days, our client luckily did not require surgery.

 

While in the hospital, the injured party contacted the Cleveland car accident lawyers at Tittle & Perlmuter who travelled to the hospital and met her at the bedside. Once our client was finished treating, Tittle & Perlmuter aggressively pursued her claim against the negligent party’s insurance company and was able to obtain an amicable resolution in the six-figures.

Six Figure Settlement

Car Accident Case

Our client was T-boned by a truck which ran a red light while exiting an off-ramp coming off the highway.

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Our client was T-boned by a truck which ran a red light while exiting an off-ramp coming off the highway. The client sustained a fractured femur, which required surgery and an extended hospitalization.

 

Our lawyers pursued the trucking company’s insurance company, which resolved the case before suit was filed in the mid six-figures.

Six Figure Settlement

Failure to Diagnose Case

This medical malpractice case involved failure to diagnose and treat a respiratory event, causing the death of an ICU patient.

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This medical malpractice case involved failure to diagnose and treat a respiratory event, causing the death of an ICU patient.

 

Our client was admitted to the ICU shortly after a stroke for respiratory depression and distress, where she was placed on cardiac and oxygen saturation monitoring. Shortly after her admission, a nursing aide found her in cardiopulmonary arrest. A Code Blue was called and she was resuscitated, but she had suffered significant brain damage and died shortly thereafter.

 

Our investigation into the case revealed that warning signs must have preceded the arrest and that a patient hooked up to various monitors in an ICU should have received medical intervention before the arrest.

 

We filed suit and eventually settled the case with the hospital in the six-figures.

Six Figure Settlement

Dog Bite Case

The dog bite left facial lacerations and scars.

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The dog bite left facial lacerations and scars.

 

Our client, who was a teenager at the time, went over to a family friend’s home with his parents. When he bent down to pet their family dog, the dog suddenly jumped up and bit the teen’s mouth causing a portion of his lips to be ripped off. The chunk of the lip was quickly put on ice and our client was rushed to the emergency room.

 

While the chunk of lip could not be reattached, a plastic surgeon was called in to perform emergent surgery. Luckily, the surgeon was able to surgically repair the lip the best he could. However, our client would have permanent facial scars.

 

The Cleveland dog bite lawyers at Tittle & Perlmuter aggressively went after the dog owners and the insurance company that insured their home. Eventually, the insurance company agreed to settle the claim in the six-figures.

$75,000 Verdict

Motor Vehicle Accident Case

In this disputed case, our client suffered a bulging disc.

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In this disputed case, our client suffered a bulging disc.

 

Our client was rear ended while waiting for a stoplight. Although the damage on both vehicles was minor, the impact caused our client’s head and neck to whip back and forth (whiplash). After suffering for some time and sporadic doctor’s appointment that did not provide relief, the client eventually received a MRI, which demonstrated a disc bulge. Despite objective evidence of an injury, the insurance company refused to believe our client and only offered $2,500.00 to settle the case.

 

After the car accident lawyers at Tittle and Perlmuter carried out a week long trial, the jury rendered a verdict in favor of our client, including money damages totaling $75,000.00 as part of their decision – 30 times more what the insurance company’s offered on the day of trial.