Joe Miller Obtains Substantial Workers Comp Death Settlement for Family of Truck Driver Who Died from His Injuries in Highway Collision.

Roanoke, VA July 2014. Joe Miller negotiated a substantial settlement for the widow and minor child of a truck driver who died of his injuries when his truck was run off the road by an oncoming vehicle. While in the hospital recovering from his very severe injuries, he suffered from a pulmonary embolism, for which he was to receive blood thinners. Due to insurance company denials and delays, as well as pharmacy refusal to fill a prescription, he was unable to obtain his life-saving blood thinners, and within a couple of days, he died of a pulmonary embolism. The defendants made the very common defense that the driver was an independent contractor, but this defense was soon shown to be false, as the drivers were completely controlled by the company they worked for. In addition the employer defended on the ground that the lack of appropriate treatment and failure to obtain the blood thinners was the client’s own fault; however, this was also shown to be false, as ‘fault’ only comes into play in this circumstance if it can be shown that the claimant wanted to commit suicide. There was not any evidence of this, so the claim settled in advance of hearing.