Expert Testimony Leads to Financial Settlement for Surviving Children of Drunk Driver Accident

Posted by Scot D. Goldberg | Apr 02, 2018 | 2 Comments

Attorney Michael Noone's Testimony Favored by Florida Circuit Court Judge

Mmn 20headshot 20website 201 18 17

A 30-year old man and 20-year old girl tragically lost their father in a motor vehicle accident in 2015.  The investigation revealed that the at-fault driver was drunk at the time of the accident.  The driver is currently awaiting trial for DUI Manslaughter in Miami Dade County.  Given the tragic circumstances, the Goldberg Noone law firm assisted the family, pro bono, to make sure every dollar of insurance coverage was obtained and fairly distributed. 

Following the innocent father's death, a hospital also filed a claim with his Estate, seeking to recover over 1/3 of the limited insurance proceeds that was to be distributed to the surviving children.   Although a reasonable amount of these proceeds had already been allocated to the Estate, to address creditor claims like that of the hospital, the hospital chose to hire a team of attorneys to fight to take even more money from the survivors. 

The Estate's attorney, working closely with Goldberg Noone, fought for over two years to ensure that the survivors received a fair and equitable portion of the limited insurance recovery. 

“The hospital's attorneys were attempting to prevent the survivors from receiving a fair and reasonable portion of the financial settlement, arguing instead that the hospital was equally entitled to collect for its highly priced services provided just hours his death,” said Noone.

“Our firm conducted extensive research into wrongful death verdicts for similar cases in Florida and studied the applicable laws pertaining to the probate code relating to similar competing claims,” Noone says. “It was clear that the value of the survivor's claims were exponentially higher than the value of the hospital's bills, and that reality was being completely ignored by the corporate bully.”

Miami-Dade County Circuit Court Judge, Yvonne Colodny, heard the arguments of the attorneys at a Motion to Allocate Proceeds on March 5, 2018.  Attorney Michael Noone testified as an expert witness in personal injury, and verified the true value of the survivor's losses. In granting the motion in favor of the surviving children, the Judge noted in her ruling that “the Court accepts [Michael Noone's] testimony and relies heavily upon his analysis”.

The Goldberg Noone Law Firm was pleased with the Judge's ruling noting that “wrongful death cases can be some of the most emotional and stressful cases we work on, but can be the most fulfilling as well.” “Considering all the time and work we invested, pro bono, we were all grateful for the Court's ruling, and look forward to the survivors having some financial security going forward.”

About the Author

Scot D. Goldberg

Scot Goldberg is a founding partner of the Goldberg Law Firm. See his attorney profile for more information.


Joe O'Hara Reply

Posted Apr 02, 2018 at 10:57:45

Mr. Noone is an excellent, knowledgeable lawyer, and a ferocious advocate for his clients. A fine man.

Leave a Comment


People who hire a good attorney greatly increase the chances of winning their case. If your personal legal situation has you wondering if you need a lawyer or not, give us a call at 239-461-5508. We can sit down with you, no charge, to talk about your situation, and help you make that decision. You may decide you could use our firm on your side.


We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients. The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs.

Copyright © 2018 Goldberg Noone, LLC

The information contained on this website is for informational purposes only and is not, nor it is intended to be, a source of solicitation or legal advice. Use of this website does not create, nor does it establish an attorney/client relationship. Individuals should not rely on the information contained in this website when making decisions regarding legal matters, and should consult with a qualified attorney for legal advice. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. We look forward to talking with you and reviewing related documents in order to come to a full understanding of what happened, how it occurred, and all those who may have been at fault.