Sep 23, 2024 | admin

Daniel Berke was drawn to Personal Injury law because he saw an opportunity to help those who were being taken advantage of. “I’ve always empathized with the plaintiff and people who are being given the runaround by insurance companies,” Daniel mentioned. “It’s not a system designed to actually benefit them, even though they’re paying into it.”

On August 8th, 2024, Daniel’s dedication to getting his clients what they deserve proved indispensable when he and his team achieved success on behalf of their client who had been denied adequate care by her insurance company. Daniel’s client was driving in her car to pick up allergy medicine when, while waiting in a left turn lane, she was struck from behind. Unaware of the extent of her injuries, Daniel’s client then went home and began to rest. When it became clear she was significantly injured and that rest would not help, she then went to the emergency room for treatment.

After the collision and emergency room visit, Daniel’s client continued to seek subsequent care. Although her medical visits had resulted in minor improvements, she could not fully recover to pre-injury health – her injuries proved life-changing. Despite this, the fact that Daniel’s client had continued to seek treatment proved how substantial her injuries really were, while showing her credibility. “Having clients who are credible is important, because when you get in front of a jury they are going to hear a lot of different things – but they need to see your client not as a person looking for a payday but someone whose life has been changed,” Daniel remarked.

A kind and resilient woman who always sees the bright side, Daniel’s client had planned to retire from her federal government job and spend her post-retirement days caring for her grandson while her daughter worked. Unfortunately, her injuries significantly inhibited her ability to physically handle ordinary tasks, and picking up her grandson or even cooking dinner was no longer possible for her. “She talked about these recipes that she used to cook, that had been passed down from generation to generation that she couldn’t make for her family anymore – she couldn’t share them with her grandson,” Daniel explained.

Daniel’s client filed a claim with her own insurance after it was discovered the other driver did not have sufficient coverage. The defendant admitted fault but their policy did not cover the extent of care required. It took her insurance company months to respond with an offer, and despite her having paid for premium coverage for years, the offers posed by the insurance company proved insufficient with respect to the extent of injuries and quality of life impacts Daniel’s client was facing: “She used that safety net; she’s paid for it for 17 years, and when she finally needed it, they wouldn’t give it to her.”

When the case went to trial, the jury quickly grasped the reality of the situation. “She was very put-together during trial prep, and was kind of matter of fact. When we got to trial, the wave of emotion finally erupted. When we talked about the things some of her family would talk about, the things that the doctors said – you could see it finally hit her. I think the jury sensed that right off the bat,” Daniel commented.

When asked what made the difference in this case, Daniel spoke to the sheer humanity of the matter: “The insurance company was looking at things as black and white – your medical treatment ends that must mean you’re all better. No, this woman’s life has been completely changed. I think the way we were able to take their calloused approach to it and humanize our client was a real game changer.”

Daniel, along with Senior Legal Assistant Gina Roberts, Paralegal Caitlin Flanagan, and fellow attorneys Ashley Stranjord and Shari Boscolo, were all pleased to celebrate a successful trial on behalf of their client, resolving the case to earn their client the coverage she needs to continue to afford treatment and quality of life care. “The fact that she had to go to court to get this company to do what they were contracted to do – it makes it extra sweet because she got what she bargained for, not what somebody else did. She got what she was entitled to, because she was truly injured,” Daniel remarked.

For Daniel, the secret to success starts with the client relationship: “You get to know them. It not only gives you joy when you have success, but it makes you personally invested. There’s not just a legal relationship but a personal connection that occurs. You want to see your client taken care of. It increases compassion and makes you want to work harder – it really helps drive success.” Daniel’s client was nothing short of special herself: “She couldn’t be a sweeter woman. Talking to her was always a joy.”

Daniel Berke has practiced Personal Injury law since 2014, and has been an attorney at ChasenBoscolo for almost 4 years. When asked what makes ChasenBoscolo different, Daniel spoke to the atmosphere: “It just immediately felt warm and welcoming, kind of like a second home.” Despite starting at the firm during social distancing restrictions, Daniel quickly settled in. He smiled when mentioning that his colleagues even enjoy witnessing his son’s growth between appearances. “You just feel valued, both as a person and as an employee; not just one or the other.”