Case Results

Wood County women killed on Route 6 in 2017 after defendant crossed the center line. Her husband was taking her to work in snowy conditions and was also injured.

In July 2020, while traveling on I-80 in Indiana, our client was driving safely behind a semi-truck. Because of road construction, traffic began to slow, as did our client and the semi-truck in front did so as well. Unfortunately, a vehicle traveling behind our client did not notice the slowing traffic and rear-ended our client. Due to the excessive speed and force of the rear-ending vehicle, our client’s front-end was wedged beneath the trailer attached to the semi-truck, resulting in extensive damage. 

Our client sustained several traumatic injuries, including several dislocations, fractures, ligament injuries, and damage to the spinal cord. Our client is projected to require continued medical treatment, therapy, living modifications, and routine operations. 

Our attorneys successfully negotiated a $995,000 settlement for our client without having to file a lawsuit or spend a day in court giving our client a sense of normalcy and compensation for their horrific injuries.

A 50-year-old man walking on a bridge ends up falling over the bridge onto the ice below. The dispute is whether the vehicle lost control causing him to be pushed over the edge.
Client suffers permeant brain injuries, a broken ankle, and a broken back. The case settled at mediation in 2017.

On April 10, 2013 a 39-year-old male visited his local gun shop to practice shooting his handgun at the shooting range. During his time at the shooting range the male was described as calm and rational. Upon leaving the shooting range he got into his car to leave and discovered that his car wouldn’t start. He began to work on his car and removed his shirt as he attempted to figure out the problem with his vehicle.

The male stopped for lunch and afterwards proceeded to a nearby auto sales lot. At this time, he still had the handgun on him, but the handgun was not loaded. As the male walked to the auto sales lot a man driving past him called 911 and reported to authorities that a man wearing shorts, no shirt, and a cowboy hat, had taken a gun from his waistband, spun it around on his finger and replaced it in his waistband.

The male then proceeded onto the auto sales lot and entered the sales building where he engaged in conversation with two individuals about vehicles in the lot. These individuals later reported the male wasn’t doing anything out-of-the-ordinary and they did not feel at risk of physical harm.

A police officer responding to the 911 call arrived at the auto lot. The officer exited his cruiser, drew his weapon and sprinted towards the entrance of the sales building. As the officer ran towards the building, he began yelling several conflicting commands at the male. In a panic, the male attempted to communicate that he was carrying a weapon by stating, “I’m packing.” The male then removed his hands from his pockets and turned to face the officer as he was commanded. As the male turned, the officer fired two-gun shots, hitting the male in his back and his arm. The male was transported to the hospital where he was pronounced dead. Overall, less than a minute had elapsed from the time the officer exited his cruiser to the time he fatally shot the male.

This 39-year-old male’s constitutional rights were violated. Upon investigation the responding police officer consistently failed to describe any threat the male had posed that would justify drawing his weapon and fatally shooting the male. Additionally, none of the four individuals that witnessed the shooting saw anything that justified the police officer’s use of deadly force.

The 39-year-old male’s family opened an Estate and retained Charles Boyk Law Office to bring a civil rights lawsuit on the deceased male’s behalf. A lawsuit was filed against the police officer and the city. Allegations included but were not limited to the use of the police officer’s excessive force and the city’s failure to improperly train the police officer regarding use of force. Charles Boyk Law Office engaged the assistance of co-counsel Alphonse Gerhardstein, an experienced Ohio Civil Rights attorney. After extensive litigation and employment of vocational experts, Charles Boyk Law Office and Alphonse Gerhardstein were able to obtain a substantial settlement award on behalf of the deceased male.

On a November afternoon our client was traveling northbound on County Road 178 in the Township of Ballville, Ohio. A vehicle traveling southbound on County Road 178 turned left into our client’s path of travel, striking the front driver’s side and pushing our client’s vehicle off the right side of the road, which eventually came to stop in a field. Both vehicles sustained significant damages. Our client had severe damage to the driver’s side of her vehicle and the vehicle’s airbags deployed. Due to her injuries our client had to be extracted from her vehicle and transported via life flight to The University of Toledo Medical Center.

At the hospital our client was found to have sustained an open right ankle fracture and a fracture to her femur. She also had multiple abrasions and an intraventricular hemorrhage. She was admitted to the ICU for close monitoring of her injuries. Our client was required to undergo emergency surgery to her left femur, left knee and right ankle. Over the next five days she underwent three more surgeries which included insertion of hardware to her femur and ankle. She then had a CAT scan which showed intraventricular hemorrhage and was placed on medication. Following discharge from the hospital she was admitted to a rehabilitation care center where she stayed for eight weeks receiving extensive physical and occupational therapy. While still a resident at the care center she underwent another surgery to her right ankle and left knee. In May and June of the following year our client underwent her sixth and seventh surgery where she had her screws and IVC filter removed. Overall our client had seven surgeries and underwent six months of physical therapy.

Before the collision our client was in good physical health and had worked 37 years as a full-time warehouse employee. After the collision our client was unable to return to work. She was eventually forced into early retirement causing her to lose a considerable amount in wages. The lost wages caused a financial hardship on her household. In addition, despite the extensive treatment, our client still suffered from pain and discomfort resulting in the use of a cane and walker.

Our office was obtained to help our client get compensation for medical bills, lost wages, and pain and suffering. Our office conducted negotiations with the at-fault driver’s insurance company and obtained a settlement for our client in the amount of $750,000.00

Our client was on the job, working as a laborer for a farm co-op when he was asked to make a repair to the grain silo. He was placed in a bosun chair with a harness and was suspended from a crane by a third-party crane operator. As our client was hoisted into the air, his leg became entangled with a cable causing extreme pressure and discomfort. As he was lifted higher the entangled cable became even tighter around his leg. The crane operator was unable to see or hear our client, and the designated spotter, who is assigned for these types of situations, had stepped away, leaving our client’s screams for help unheard.

Due to severe pain in his right leg and hip, our client was forced to seek treatment at the Blanchard Valley Medical Center emergency room. Radiological studies revealed a contusion to the right hip and hip sprain. A week later our client was evaluated by a medical provider for a Workers’ Compensation claim status. The pain was described as 8/10, radiating in nature from the right hip into the right leg with increased pain during movement. He was directed to physical therapy and occupational therapy along with work restrictions requiring sitting work only.

Our client eventually consulted with a surgical specialist who opined he sustained a right hip crush injury. Our client continued to have throbbing, stabbing pain in his leg which was exacerbated by any type of motion with the right hip, including walking. For pain management our client began to receive right hip injections but continued to have symptoms of numbness and tingling. After reporting to the ER for discoloration of the leg, an MRI was performed showing a herniated disc at L5-S1. Our client was referred to a neurosurgeon who eventually performed an L5-S1 microdiskectomy and repair of a dural tear. Unfortunately, our client continued to experience pain in his back, hip and leg. After many consultations and MRIs, our client underwent a second surgery of the L5-S1 for decompression and anterior fusion which required four screws placed into the lumbar spine. Our client followed up with physical therapy and conservative rehab. After another MRI was performed, a right hip labral tear was revealed which required our client to have further surgery to his right hip. After numerous surgeries, years of physical therapy, and a substantial amount of time off work, our client recovered and was able to return to work.

A workers’ compensation claim was initially pursued for our client’s medical treatment and time off work. However, to maximize recovery, our office filed a personal injury lawsuit against the crane operator and crane company. The litigation became complicated when the crane company filed a Third-Party Complaint against our client’s employer in an attempt to shift the blame. After a hard-fought litigation the parties reached a settlement resulting in an initial lump sum payment to our client and additional monthly payments being made over several years.

In February of 2019, our client went to work on what seemed to be a normal day as a mail carrier for USPS. As our client stopped along a row of mailboxes on Holland-Sylvania Road in Toledo, Ohio, she was struck by a furniture-moving truck. Not only was she struck, but the furniture-moving truck dragged our client’s vehicle several feet due to the impact. 

As can be imagined, our client’s injuries were extensive, including debilitating back, elbow, and ankle pain. After several visits to their physician, and no alleviation in the pain being experienced, our client underwent surgery, including having two metal screws placed in their ankle. Despite the surgery and routine treatment, our client was unable to return to their normal work. 

Our client had worked for USPS for over twenty years, and truly loved their job. Our client maintained an active life, including regularly taking their dog for long walks, traveling to visit friends and family, and bicycling throughout the parks of Toledo. As can be imagined, after suffering such a traumatic injury, our client was no longer able to work, or do the things they previously enjoyed without suffering debilitating pain. 

In light of this, the attorneys at Charles E. Boyk Law Offices worked diligently with insurance and medical providers to quickly formulate a plan to mitigate the clients’ financial responsibility for medical treatment, and how to immediately put money in their pocket to compensate the inability to work or do the things they enjoy. Additionally, our attorneys advocated for our client with the Department of Labor to ensure that the government took the appropriate actions to provide compensation to our client. 

After several months of discussion and mediation, we were able to quickly reach a $575,000 settlement for our client which allowed them to regain a sense of normalcy to their life.

We all depend on medical doctors to keep us healthy, prevent sickness, and improve our quality of life. Sometimes we depend on doctors to diagnose sickness as it suddenly occurs. But, when a medical doctor fails to do this, when the industry standard is to have done so, liability can arise as it did here. 

Our client’s late spouse experienced shortness of breath when walking up a flight of stairs. Having attended the same primary care physician for several years, they immediately went for a check in. Despite the shortness of breath and other health indicators that a heart attack was imminent, our client’s spouse was sent home instead of being sent to an emergency room for further evaluation. Six hours later, our client’s spouse passed away from a heart attack. 

Of course, our client, as the surviving spouse, was grief stricken and confused. Their late spouse had recently retired, had a positive health outlook, and they were enjoying their golden years happily together. 

After working with several doctors in multiple states, our attorney’s established that the treating physician’s care fell well below the normal standard, which resulted in the death of our client’s spouse. To do this, our office engaged with several expert witnesses to establish what the standard of care was, and to demonstrate how the treating physician failed to provide the standard. As a result, our attorneys quickly negotiated a $535,000 settlement for the surviving spouse.

Beginning when she was nine years old, our client faced frequent and ongoing sexual abuse from a man who was like a father to her. Growing up in a dysfunctional household, our client said the abuser acted as a father figure and protector to her, gaining her trust and compliance.

In addition to separate criminal charges, Boyk Law Sexual Assault Attorneys Wes Merillat and Andrea Young represented the young woman in pursing damages for claims of intentional infliction of emotional distress and unintentional emotional distress, securing a judgement of $500,000.

Our client will never be the same person she could have been had this sexual abuse never occurred. She testified that she suffered severe, lasting emotional injuries including a damaged self-image and difficulty trusting others or asking for help. Our hope is that the funds received through this judgement will help her secure the years of mental, physical, and emotional help she needs to recover from these reprehensible crimes committed against her.

***Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. This result is not necessarily representative of the results obtained by all clients.***

In November of 2017, our client’s 41-year-old father was working at a junkyard cutting parts off a pickup truck with a torch. As he worked that morning, gasoline vapors ignited and erupted into a blazing fire and an explosion so powerful that it shook nearby businesses. Still underneath the vehicle, our client’s father was engulfed in thick black smoke and intense flames as the large fire quickly spread to three vehicles and other equipment on the property. The evidence showed that he tried to crawl away from the fire but only made it about ten feet before he collapsed and lost his life. The Occupational Safety & Health Administration (“OSHA”) investigated this horrific incident and fined the junkyard in question more than $75,000 for eleven violations. The junkyard’s appeal of those citations was unsuccessful, and the penalties have been referred to debt collection.

When our client came to us, we ensured that the proper paperwork was filed to name her the Administrator of her father’s estate so that she could pursue a wrongful death and survivorship case against the junkyard. We also performed an extensive investigation of the incident, including obtaining all disclosable information from the OSHA investigation. To ensure our client and the decedent’s family got the fairest result possible, we prepared a lawsuit and filed it in the Henry County Common Pleas Court.

Our position in this case was that the cause of this catastrophic and deadly fire was the junkyard’s failure to take a number of necessary fire safety precautions. We retained a well-respected expert with extensive experience investigating incidents like this one to review the evidence and give his opinion regarding how this could have happened. After consulting with him and obtaining a report outlining what went wrong, we felt it was clear that the junkyard committed a number of grievous mistakes, and that our client’s father would not have died if the junkyard had simply followed long-held nationally recognized safety standards and procedures related to cutting torches in potentially flammable circumstances.

After forwarding the expert’s report and the OSHA report to defense counsel, the case settled for the $500,000 policy limits available under the junkyard’s liability insurance policy, with the proceeds from the settlement being divided between the decedent’s adult daughters, mother, and brothers. We hope that this settlement brings closure to his loved ones. What happened on that day in November 2017 was absolutely horrific and no one should ever have to endure what our client’s father did in on the day he died, While no amount of money can ever replace a family member or undo a terrible thing like this, what we hope this settlement can do is allow his loved ones some sense of closure and justice. Standing up for people who have been killed because of someone else’s failures allows us to send a message that we as a society will not tolerate the preventable loss of human life.