Jany Martinez-Ward and Gregory Ward partners with The Ward Law Group. Courtesy photo.

Husband-and-wife duo Gregory Ward and Jany Martinez-Ward of The Ward Law Group in Miami Lakes have negotiated a $1 million pre-suit settlement for a Honduran immigrant who was severely injured in a Fort Lauderdale car accident.

Their client Maria Willis crossed five borders on foot to settle in Florida as a live-in nanny. But after finally becoming a U.S. citizen and creating a stable life for herself, Willis' injuries spelled potential financial ruin, according to her lawyers.

"After you know her story, and as that whole story is stuck in your mind, how can you leave her hanging?" Martinez-Ward said.

It was a case that exemplified the firm's mission of helping the immigrant community, and getting to know clients' stories. It also struck a personal chord with Martinez-Ward, who crossed the U.S. border as a teenager with her 1-year-old brother.

For Martinez-Ward, born in Havana, Cuba, this case required going "all the way" for her values.

"That's why I became a lawyer: to be able to represent people who are like me, with my history, with my story, so that I'm able to fight for them all the way, and be their voice," she said. "Because at some point in my life, in this country, I didn't have a voice."

Willis was 39 on Sept. 27, 2018, when her car was totaled at the intersection of Davie Boulevard and Southeast Third Avenue, after driver Christian Spann allegedly failed to yield. Willis suffered multiple bone fractures and displacements, lost consciousness at the scene, and needed four surgeries on her back and hip.

Willis' injuries were particularly bad because Spann had struck from the side, according to Ward.

"When you have not just a direct impact, but you have a side impact as well, or a sort of lateral force as we call them, that can create a twisting motion, and it can mean even more serious injuries," Ward said.

Photographic evidence was strong in this case, depicting air bag deployment and a significant impact to Willis's car—a scenario Ward says is becoming increasingly rare for plaintiffs in car-crash cases.

"One of the problems nowadays with car accidents is that the damage to the car does not accurately reflect occupant damage," Ward said. "Cars are very resilient nowadays, and they don't necessarily show how much force was actually transferred to the occupant."

The insurance company initially claimed much of Willis' injuries involved preexisting conditions, which they alleged came from years of looking after children. Martinez-Ward took issue with that premise.

"Insurance companies should not punish moms or nannies for picking up their kids," Martinez-Ward said. "That should not be a negative."

Ward argued that medical experts explained almost everyone over 30 has minor spine degeneration, thanks to the normal aging process.

"Even if it was a preexisting injury, this was what activated or exacerbated whatever she had, and that is the injury from the car crash, not some preexisting condition that all of us basically have," Ward said.

The settlement was not an admission of liability by Spann. But National Casualty Co.—insurer for car rental company Sixt Rent A Car LLC—agreed to pay its policy limit of $1 million, more than tripling its initial offer of $300,000.

Ward and Martinez-Ward said that's because their firm focuses predominantly on car accident cases, knows what to look for in medical records and what to guard against, and understands the science of how accidents happen. The attorneys also made it clear they were willing to go to trial.

National Casualty Co. did not immediately respond to a request for comment.

Ward said he suspects a jury would have awarded more than $1 million, but this way, Willis gets an immediate fresh start.

"There's a psychological effect of closure, too," Ward said. "It takes a huge toll on people when they have to go through the litigation process. It's not only that you're injured in a car crash, you have another injury, too, of having to go through the court process when an insurance carrier is just being unreasonable with settling cases."

It took Willis three months to reach the U.S. with broken shoes, according to Martinez-Ward, who recalled her sobbing after hearing the words, "It's done. You can put this behind you."

Martinez-Ward found the ability to relate to her client's background, culture and struggles while conversing in Spanish was invaluable.

"For Ms. Willis, understanding the legal system could be very difficult and overwhelming, so I was able to explain it to her in simple words so she wouldn't be overwhelmed," she said. "A lot of times you just want to give up, and the point is to overcome it, to be able to see the other side. Now she can see the path, but the process was very difficult for her."

Willis has experienced depression and anxiety since the accident, which has stopped her from working as a nanny.

Ward has previously opened up about his past struggles with bereavement, divorce and financial turmoil, and says that combined with his wife's experience means they "understand the value of a dollar to people" and "fight all the harder."

"Many times it's the immigrant community that gets preyed upon the most because many of them don't have a full understanding of the language, and then on top of that they sometimes come from cultures where the legal system just doesn't give them any rights and is corrupt, so they have a tremendous distrust," Ward said. "Many times they live paycheck to paycheck, if they're lucky enough to have a job, and because my wife had been in that situation growing up, that gives her that unique perspective she can share."

 

Case: Maria Willis v. National Casualty

Description: Auto negligence

Settlement date: Jan. 20, 2020

Plaintiffs attorneys: Jany Martinez-Ward and Gregory Ward, The Ward Law Group, Miami Lakes

Defense attorneys: N/A

Settlement amount: $1 million

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