Awards & Verdicts

Florida Trial Lawyer - Mark Avera

Here are some recent examples of Mr. Mark Avera's results in jury trials and settlements:

JURY TRIAL: Estate of Carr v. Asplundh: Mark Avera obtained a $1.75 million jury verdict in Putnam County resulting from an auto crash and death 3 days later of a 62 year old gentleman leaving his wife of 42 years. The Court entered summary judgment against the defendants on almost all liability issues before trial. On the eve of trial, the defendants admitted the remaining issues liability issues. Although the defendants allegations of negligence against her husband caused our client great distress during the litigation, the trial court refused to allow evidence of the defendants' admission of liability on the eve of trial.
JURY TRIAL: K.S. v. Association of Retarded Citizens: Mark Avera was lead counsel in this tragic case referred to the Avera firm. K.S. was a developmentally disabled young woman who was sexually assaulted by an employee at a group home operated by the Association of Retarded Citizens. The employee had been hired by ARC without any background investigation. That investigation would have demonstrated that the employee had been fired by another state agency not less than 8 weeks before being hired by ARC. A verdict of $450,000 was returned by an Alachua County jury. The verdict exceeded a proposal for settlement submitted by K.S. resulting in a 6 figure award of attorneys' fees for the plaintiff.
SETTLEMENT: Estate of Doe, et al: Mark Avera served as co-counsel in a case originating in the French West Indies. Friends were enjoying a bareboat cruise in St. Bart's, FWI when their sailboat exploded in harbor due to the charter company negligently changing a LP gas connection. The firm secured over $7 million in settlement proceeds for the clients.
JURY TRIAL: The case of Jane Doe: Jane Doe was 9 years old when she was sexually assaulted. A $26 million jury verdict was returned by a Gilchrist County jury against her assailant which was doubled to $52 million based on Florida statute. The terms of the settlement with the insurer of the assailant are confidential.
SETTLEMENT: Mark Avera obtained a $250,000 settlement on the Friday before trial resulting from an automobile crash in Dixie County, FL. The client sustained a comminuted fracture of the elbow of her dominant arm. The defendant left the scene of the crash but later admitted in his deposition that he was a passenger in the car although he did not know the identity of the driver.
SETTLEMENT: Auto crash. Avera obtained a $275,000 settlement on behalf of his client who sustained a fractured ankle when her motor vehicle was struck from behind. The at fault party's policy limit was $300,000. The remainder of the policy proceeds went to the client's child and boyfriend who were also injured in the crash.
SETTLEMENT: Auto crash. $750,000 settlement resulting from a motor vehicle crash. Mark Avera's client suffered injuries to his lower back requiring extensive and multiple surgeries. The client had been represented by two other law firms before seeking assistance from Avera & Smith, LLP.
SETTLEMENT: $500,000 settlement for automobile crash.
JURY TRIAL: Motor vehicle crash and wrongful death. Mark Avera obtained a $9 million jury verdict in Bradford County, FL resulting from the death of a wife and unborn child in an automobile crash. The husband of the decedent was taking his wife to the hospital to deliver their child when their vehicle was struck by the defendant who was intoxicated. The at fault driver was uninsured.
JURY TRIAL: Police pursuit of vehicle wanted for speeding with resulting crash. Mark Avera obtained a $2.9 million jury verdict resulting from a police pursuit. The Defendant, a law enforcement agency, was pursuing a vehicle for speeding when it struck the 21 year old plaintiff's vehicle in excess of 100mph. Based on the firm's investigative work, it was proven that the defendant had destroyed crucial evidence in the case. The Circuit Court struck the defendant's answer and affirmative defenses and entered a default judgment. The trial was for damages only.
SETTLEMENT: Mark Avera obtained a $200,000 settlement for his client as a result of legal malpractice. The client's former law firm had failed to recover for him available insurance coverage in an automobile crash.
JURY TRIAL: Mark Avera obtained a $2.1 million jury verdict in Dixie County resulting from wrongful death caused by negligence of a driver operating a semi tractor trailer. The decedent was returning home one evening when he struck the side of a tractor trailer that was backing across a rural highway. The defendant alleged that Mark Avera's client had a blood alcohol level of 0.19%; a level over twice the legal limit. The jury found the defendant 100% responsible and awarded damages to the decedent's two surviving children. A major factor in the case resulted from the firm's investigative work showing that responding emergency personnel had difficulty seeing the semi-tractor trailer.
JURY TRIAL: Motor Vehicle Crash. Mark Avera was lead counsel in a $1.1 million jury verdict in Levy County, FL. The client suffered several injuries to the disks in his back sustained in an auto accident.
JURY TRIAL: Motor vehicle crash. Mark Avera served as lead trial counsel in a $350,000 jury verdict in Dixie County, FL resulting from auto accident where the client sustained an ankle fracture.
SETTLEMENT: medical malpractice. Mark Avera obtained a settlement of $625,000 settlement resulting from medical malpractice. The client's wife died when she was admitted to the emergency department of a hospital and the physician failed to diagnose clear signs and symptoms of acute coronary syndrome.
SETTLEMENT: medical malpractice. Mark Avera obtained a settlement of $1.25 million settlement resulting from medical malpractice in a hospital.
SETTLEMENT: Nursing home abuse. Mark Avera obtained a $1 million settlement resulting from neglect in a nursing home. The nursing home failed to provide basic services to a family member resulting in bed sores.
SETTLEMENT: Nursing home abuse. $200,000 settlement resulting from neglect in nursing home.
SETTLEMENT: Industrial accident resulting in death. Our client's son was working in a factory when he was electrocuted to death while working with heavy machinery. Mark Avera sued the employer based on a theory that the employer's negligence was substantially certain to cause serious injury or death. The defendant claimed it was immune from suit based upon workers compensation immunity. A $750,000 settlement was negotiated prior to trial.
JURY TRIAL: Mark Avera served as trial counsel in a Hernando County case where a 77 yr old gentleman died as a result of a drunk driver's negligence. The jury returned a $775,000 wrongful death verdict for the decedent's only daughter.
SETTLEMENT: Motor vehicle crash. $325,000 settlement of automobile case. Client's insurer claimed client's insurance limits were only $25,000. Our firm filed a declaratory action forcing the insurance company to concede and pay insurance limits of $300,000 based on selections the client had made when they applied for the policy.
SETTLEMENT: Estate of Corbin Mark Avera secured a $750,000 wrongful death settlement representing the defendant's policy limits in a motor vehicle tractor trailer under ride case.
JURY TRIAL: Gilchrist v. Nationwide: Mark Avera was lead counsel in a $68,000 jury verdict resulting from a motor vehicle crash. The client was a law enforcement officer who was struck from behind suffering soft tissue injuries.
JURY TRIAL: Estate of Clendenning v. Brevard Co. Sheriff's Department: Mark Avera was lead counsel and assisted in securing a $900,000 jury verdict. The decedent was killed when he was struck by a motor vehicle being pursued by sheriff's deputies. The plaintiff alleged that the department violated its own internal policies in failing to terminate the pursuit when it became too dangerous.
SETTLEMENT: Baby Doe v. Community Hospital: Mark Avera secured a $2.1 million settlement on behalf of parents who's child suffered brain injuries at birth due to the negligence of hospital personnel.
JURY TRIAL: Bondy v. Lewis: Mark Avera was lead trial counsel in a medical malpractice action that resulted in a $2.6 million jury verdict in Alachua County. The verdict exceeded a proposal for settlement which resulted in the court awarding attorneys' fees to Mark Avera's client. The plaintiff, a cancer patient, had a port-a-cath implanted in her chest for the purpose of chemotherapy administration. Due to the improper placement of the catheter, the catheter was pinched between the plaintiff's clavicle and first rib and broke off. The catheter became lodged in the tricuspid valve of the heart where it remains today.
SETTLEMENT: Estate of Baby Doe: Mark Avera represented the family of an infant who drowned in a bathtub while in the care of a child care worker. A $750,000 settlement was secured which represented an amount in excess of the insurance policy limits of the defendant.
SETTLEMENT: Estate of Doe v. Rayloc: $1 million wrongful death settlement. Mark Avera served as co-counsel in a trucking crash in the State of South Carolina that resulted in the death of a young man. The case was heavily litigated with liability hotly contested in federal court.
SETTLEMENT: $100,000 settlement for medical malpractice at a VA hospital.
SETTLEMENT: $425,000 settlement in medical malpractice case. Mark Avera represented a young lady who, while in the hospital for pancreatitis, suffered an extravasation of her IV resulting in permanent injury to her dominant hand.
SETTLEMENT: $250,000 settlement in medical malpractice case. Mark Avera secured a settlement on behalf of his client who suffered an infiltration of her IV while undergoing surgery in the hospital.
JURY TRIAL: Estate of Watts v. USAA: Mark Avera obtained a $2 million jury verdict against United Services Automobile Association as a result of an underinsured trucking company striking the car driven by the decedent, killing him almost instantly.
SETTLEMENT: $90,000 settlement obtained by Mark Avera for his client when she was injured in a boating accident in Matanzas Inlet.

“Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client’s individual facts and circumstances may differ from the matter in which the results are provided.”

Experience. Caring. Results.

Florida trial lawyer, Mark Avera with the law firm of Avera & Smith proudly represents clients in and around the North Florida areas of Gainesville, Lake City, and Ocala. We welcome all clients and visitors to browse our web site for informational purposes only. Nothing on this site should be construed as formal legal advice nor does the acknowledgement of this information constitute a client / attorney relationship. If you need formal advice or would like to schedule a free initial consultation, please call us at 800.654.4659.