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Cases & Settlements

CHARLOTTE INJURY & ACCIDENT CASES | WINS AND SETTLEMENTS

Our attorneys at Sumwalt Anderson have a proven record of success. When you work with our team you will have legal representation of highly skilled, very experienced negotiators. We are also seasoned litigators who are unafraid to appeal cases. We have won several significant cases on appeal.

Our attorneys have tried numerous cases before the Industrial Commission, trial courts and appellate courts in North Carolina. As a result, our cases have clarified—and sometimes even changed—the law. We invite you to read the court decisions from our cases.

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What To Do If You’re Injured Working at FedEx

You may have just been hurt on the job, and now you’re not sure what options are available to you for compensation. If you want to know what t[...]

Personal Injury Cases

$9,000,000 Recovered

Personal Injury – Traumatic Brain Injury – Motor Vehicle Accident

$9,000,000 recovered on behalf of a young woman who sustained a catastrophic brain injury as the result of an automobile collision with a large commercial vehicle. Expert witnesses in the fields of physical medicine and rehabilitation, life care planning and economics were retained to testify on our client’s behalf. An extensive video settlement brochure was prepared. Following a nine-hour mediation, the defendants agreed to pay $9 million which was placed in a trust to provide a lifetime of financial security and medical care for our client.

$5,257,000 Recovered

Personal Injury – Workers’ Compensation – Battery Explosion – Severe Burns – Dock Supervisor – Attendant Care – Home Modifications – Vehicle Modifications

$5,257,000 recovered on behalf of the client/plaintiff who was injured when a mislabeled stack of batteries exploded while he was in the course and scope of his employment as a dock supervisor for a trucking company. He suffered severe burns to his entire body as a result of. He required attendant care, housing modifications and handicap accessible transportation

$5,200,000 Recovered

Personal Injury & Workers’ Compensation – Traumatic Brain Injury

$5,200,000 recovered on behalf of a young woman who sustained catastrophic injuries when she was involved in an automobile accident involving a tractor-trailer truck while she was on the job. A settlement was negotiated with her employer and a liability claim was filed against the at-fault trucking company. The settlement negotiated on her behalf allows our client to live comfortably and securely in a residential living facility with other individuals who have suffered traumatic brain injuries.

$3,375,000 Recovered

Personal Injury – Tire Defect – Motor Vehicle Accident

$3,375,000 recovered on behalf of a husband and wife who sustained serious injuries in a rollover accident in New Mexico. They purchased a used SUV the day before the accident and while driving the right rear tire de-treaded causing the rollover. Claims were made against the vehicle manufacturer, the tire manufacturer and the auto dealership who sold the couple the used vehicle. Approximately 25 depositions were taken in four states before the case settled the week before trial.

$3,000,000 Recovered

Personal Injury – Quadriplegia – Motor Vehicle Accident

$3,000,000 recovered for a married construction worker who suffered a catastrophic spinal injury due to a crush injury caused by cargo falling from an 18-wheeler that passed him on Highway 74 in Anson County. A poultry cage fell from the 18-wheeler onto our client’s car and the resulting injury rendered him a quadriplegic. Multiple experts were retained and were able to determine that defendants’ trucking company and driver failed to properly and adequately secure its load and that the cargo restraint system used was outdated, rusted and in disrepair. Settlement was reached prior to trial.

$2,000,000 Recovered

Wrongful Death – Trucking Accident

$2,000,000 recovered following the death of a young man from Charlotte, NC caused by a rear-ended collision with a tractor trailer that was parked in a travel lane of 1-40 without any lights on. An in-depth investigation of this accident found that the driver of the truck had little to no experience and had not been properly trained. A lawsuit was filed in federal court in New Mexico and following a mediation, which was presided over by a federal judge, full policy limits were tendered by the insurance company.

$1,900,000 Recovered

Personal Injury – Uninsured Motorist – Traumatic Brain Injury

$1,900,000 recovered for a father of four who sustained a traumatic brain injury following a collision with an uninsured vehicle. Vocational and economic experts were retained to assist us in building this case. Following the rejection of a final settlement offer of $600,000 from the insurance company, the case was heard by an arbitration panel that subsequently awarded our client $1,900,000.

$1,750,000 Recovered

Personal Injury – Wrongful Death – Motor Vehicle Accident

$1,750,000 was recovered on behalf of an estate of a mother who was involved in an automobile accident and unfortunately died. She left behind a husband and two children. The settlement was reached before trial in the amount of $1,750,000.

$950,000 Recovered

Personal Injury – Motorcycle Accident – Underinsured Motorist (UIM) Claim

$950,000 was recovered on behalf of a married father who sustained serious orthopedic injuries when a driver pulled out of a parking lot into his path causing him to be thrown from his motorcycle. The at-fault driver had limited insurance in the amount of $30,000 and we were able to identify four separate insurance policies that provided underinsured motorist (UIM) coverage for the client. We were able to negotiate the payment of full policy limits on all the liability and UIM policies on his behalf.

Medical Malpractice Cases

$14,000,000 Recovered

Medical Malpractice

$14,000,000 recovered on behalf of a child who sustained a permanent brain injury as the result of a medication error. The specific details of this case have been withheld to maintain the confidentiality of a minor.

$4,775,000 Recovered

Medical Malpractice – Anesthesia Error

$4,775,000 recovered for a young woman who was admitted to a small, rural hospital in North Carolina for routine childbirth. Errors were made during the placement and management of the epidural catheter which led to cardiac and respiratory arrest. While the defendant’s employees were ultimately successful in resuscitating our client, she suffered a devastating brain injury due to lack of oxygen. Experts were retained in the fields of anesthesiology, physical medicine, and rehabilitation as well as life care planning and economics to assist in preparing this case. Ultimately defendants offered $4,775,000 and the case settled before trial.

$975,000 Recovered

Medical Malpractice – Anesthesia Error

$975,000 recovered for the estate of a married father of young twins who died due to medical negligence while undergoing a simple finger surgery at a rural hospital in the foothills of North Carolina. The anesthesiologist improperly administered the anesthesia (ropivacaine) causing cardio-respiratory arrest. The anesthesiologist failed to resuscitate our client which resulted in his death. We retained prominent anesthesiologists to testify as experts regarding the malpractice and jury selection was complete before parties reached a settlement.

Workers’ Compensation Cases

$2,700,000 Recovered

Workers’ Compensation – Vinyl Window Installer – Electrocution – Attendant Care – Housing Modifications

$2,700,000 Recovered on behalf of a gentleman (plaintiff/client) who was working as a vinyl window installer on a metal ladder when the ladder struck a live electrical wire. Both of the plaintiff’s arms, his right great toe, and his second right toe had to be amputated. He also suffered a partial amputation of his left foot. He also had burns of 41% of the full thickness of his total body surface. The client needed attendant care, housing modifications, and handicap-accessible transportation.

$2,700,000 Recovered

Workers’ Compensation – Paraplegia – Attendant Care – Home Modifications – Vehicle Modifications – Construction Injury

$2,700,000 recovery negotiated on the behalf of our client who was rendered a paraplegic due to a spinal fracture after falling from a roof in the course and scope of his employment as a construction worker. This claim was litigated for over ten years and the issues that were litigated included, yet were not limited to, attendant care benefits, home modifications and vehicle modifications. A global settlement of this claim was ultimately negotiated.

$2,500,000 Recovered

Workers’ Compensation – Spinal Cord Injury – Attendant Care – Construction Accident

$2,500,000 Recovered for a construction worker from Texas who suffered a catastrophic spinal cord injury following a fall from a roof while working on a job site in Charlotte, NC. Despite our client being paralyzed, the workers’ comp insurance carrier refused to pay for 24- hour care for him. His wife was providing this care and the insurance company also refused to pay her. We filed a claim seeking attendant care benefits and after our case was heard by the Industrial Commission, the insurance company agreed to settle the claim for $2,500,000.

$2,400,000 Recovered

Workers’ Compensation – Spinal Cord Injury – Attendant Care

$2,400,000 was Recovered on behalf of our client who sustained a spinal cord injury in the course and scope of his employment as a production worker in a manufacturing plant. His injury resulted in the need for multiple surgeries after which he was unable to care for himself. The workers’ compensation carrier refused to provide home health care and fortunately, his wife was able to provide the necessary care. A claim was filed seeking payment of attendant care benefits to our client’s wife and ultimately, we prevailed. Following a hearing, the Industrial Commission entered an award in our favor. The Commission ordered the workers’ compensation carrier to for pay attendant care benefits retroactively and prospectively to our client’s wife.

$2,300,000 Recovered

Workers’ Compensation – Back Injury – Attendant Care – Housing Modifications

$2,300,000 Recovered on behalf of the gentlemen (plaintiff/client) who sustained an injury when he slipped and fell on an icy ramp during his employment. He had significant back surgery performed and was unable to perform activities of daily living. He needed attendant care, home modifications, and transportation. A settlement was reached at the second meditation for the sum of $2,300,000 plus payment of a Medicare Set-Aside.

$2,100,000 Recovered

Workers’ Compensation – Cervical Spine (Neck) Injury – Attendant Care – Chronic Pain

$2,100,000 recovery on behalf of a client who was injured in the course and scope of her employment as a nurse when attacked by a patient. She sustained a neck injury that required surgery. Following surgery, she developed chronic pain. Her pain was severe enough that she needed assistance to perform activities of daily living and the workers’ compensation carrier refused to pay for care to be provided. Her husband was forced to quit his job to care for her. We filed a claim for attendant care benefits with the Industrial Commission and received two rulings in our client’s favor. After appealing the Industrial Commission’s decision to the North Carolina Court of Appeals the workers’ compensation carrier ultimately offered our client $2,100,000 to settle her case.

$2,000,000 Recovered

Workers’ Compensation – Paraplegia – Attendant Care

$2,000,000 Recovered on behalf of a gentleman (plaintiff/client) rendered paraplegic when he fell from the floor of a house and broke his neck. The client needed attendant care, housing modifications, and handicap- accessible transportation. A settlement was eventually reached in the amount of $2,000,000.

$1,759,000 Recovered

Workers’ Compensation – Automobile Accident – Brain Injury – Attendant Care – Housing Modifications

$1,759,000 Recovered on behalf of a young woman (plaintiff/client) who was involved in an automobile accident resulting in traumatic brain injury which left her permanently and totally disabled. The client needed attendant care, housing modifications, and handicap-accessible transportation. The settlement was reached over 25 years after the client’s injury by accident.

$1,750,000 Recovered

Workers’ Compensation – Complex Regional Pain Syndrome (CRPS) – Attendant Care

$1,750,000 Recovered on behalf of a 45-year-old, married client who suffered a shoulder injury in the course and scope of his employment and subsequently developed complex regional pain syndrome (CRPS). As a result of the CRPS, this client was unable to perform activities of daily life (ADLs) and became reliant on his wife to care for him. Claims were filed on his behalf for attendant care benefits (to compensate his wife) and vehicle modifications. Settlement was reached while the case was being heard by the Industrial Commission.

$1,600,000 Recovered

Workers’ Compensation – Third-Party Liability – Traumatic Brain Injury – Construction Accident

$1,600,000 recovery was negotiated on behalf of a construction workers who suffered a traumatic brain injury when he was struck in the head by material that was dropped from an overhead crane on a job site. In addition to negotiating the terms of his workers’ compensation settlement, lawsuits were also filed against the operator of the crane, the general contractor responsible for the job site, as well as several sub-contractors working on the site. Following approximately 40 depositions that were taken to prepare for trial, the case settled for $1,600,000.

$1,500,000 Recovered

Workers’ Compensation – Traumatic Brain Injury – Attendant Care

$1,500,000 Recovered on behalf of a gentleman (plaintiff/client) who suffered a traumatic brain injury that rendered him unable to perform his activities of daily living. Litigation involved his need for attendant care. The case eventually settled for the total amount of $1,500,000.

$1,450,000 Recovered

Workers Compensation – Sales Representative – Traumatic Brain Injury – Attendant Care

$1,450,000 Recovered on behalf of a gentleman (plaintiff/client) who suffered a traumatic brain injury when he was involved in an automobile accident during his employment as a sales representative. The client needed significant attendant care. Various settlements were reached throughout the claim totaling the amount of $1,450,000.

$1,425,000 Recovered

Workers’ Compensation – Traumatic Brain Injury – Attendant Care

$1,425,000 was Recovered on behalf of a HVAC technician who lived in South Carolina and sustained a life-altering brain injury while on a job site in North Carolina. As a result of his injury, he required constant supervision which the workers’ compensation insurance carrier refused to provide. As a result of this denial, his wife was forced to quit her job and care for her husband. Following litigation, the North Carolina Industrial Commission entered a favorable opinion on our client’s behalf. Defendants appealed this decision to the North Carolina Court of Appeals yet then offered to settle the case was it was on appeal.

$1,250,000 Recovered

Workers’ Compensation – Traumatic Brain Injury – Attendant Care – Construction Injury – Undocumented Worker

$1,250,000 was Recovered on behalf of our client who was an undocumented immigrant who was working on a construction site. He sustained a catastrophic brain injury when he fell two stories on a job site. The injuries he sustained left him unable to care for himself. Following the workers’ compensation carrier’s refusal to provide home health care, his wife was providing the care he needed. After litigating this claim, the settlement that was negotiated included compensation for the attendant care that was being provided for our client by his wife.

$1,000,000 Recovered

Workers’ Compensation – Traumatic Brain Injury – Construction Injury – Attendant Care

$1,000,000 Recovered on behalf of our client who sustained a brain injury due to a fall at work. The workers’ compensation carrier refused to pay his wife for the care she provided to her husband for over two decades. Once we became involved in the case, we retained the experts necessary to substantiate our client’s claim, and we filed a request for hearing to obtain retroactive attendant care benefits. When faced with the overwhelming evidence we gathered the workers’ compensation carrier opted to negotiate a settlement prior to hearing.

Workers’ Compensation Appellate Cases

Learn about the precedent we’ve set with these appellate cases. LEARN MORE

Attorney Mark Sumwalt

Mark Sumwalt is a native of Rock Hill, South Carolina who has practiced law in Charlotte since 1981, primarily in the field of worker’s compensation. He has litigated hundreds of cases to decision all over the state and handled many significant appeals to the North Carolina Court of Appeals and the North Carolina Supreme Court, particularly in the area of attendant care. [ Attorney Bio ]

$2.7
million

Recovered on behalf of a gentleman (plaintiff/client) who was working as a vinyl window installer on a metal ladder when the ladder struck a live electrical wire. Learn more.

$2.7
million

Recovered negotiated on the behalf of our client who was rendered a paraplegic due to a spinal fracture after falling from a roof in the course and scope of his employment as a construction worker. Learn more.

$2.5
million

Recovered for a construction worker from Texas who suffered a catastrophic spinal cord injury following a fall from a roof while working on a job site in Charlotte, NC. Learn more.

$2.4
million

Recovered on behalf of our client who sustained a spinal cord injury in the course and scope of his employment as a production worker in a manufacturing plant. Learn more.

$2.3
million

Recovered on behalf of the gentlemen (plaintiff/client) who sustained an injury when he slipped and fell on an icy ramp during his employment. Learn more.

$2.1
million

Recovered on behalf of a client who was injured in the course and scope of her employment as a nurse when attacked by a patient. Learn more.

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