Herrera Story

$21 Million

When Lamar Hernandez met Frank Herrera in 1991, she and her husband, Ramiro Hernandez, had already been victimized by injustice. The negligent conduct of hospital of staff left a sponge lodged in Ramiro's body. The insurance company settled the case for for $331,000. Soon after the trial, the couple attempted to resume a normal life despite the fact that Ramiro, a former construction worker, was now a quadriplegic. Little did they know injustice would strike again.

Lamar and her husband consulted with an agent with New York Life Insurance who had befriended the couple. After inquiring about funding their retirement as well as their grandchildren’s educations, Lamar and Ramiro used their settlement recovery to invest in annuities and to purchase a $100,000 life insurance policy. The agent asked the agent to facilitate the purchase of the products. The agent and his superiors, in an attempt to maximize commissions for themselves, instead purchased a million dollar whole life insurance policy and intended to use the Hernandez’ money to pay the premiums until the account was depleted. It was not until over one year later that Lamar, who was now a widow, received a bill for $28,000 for the next year’s premium and ultimately discovered that the unscrupulous agent had devised the scam to rid them of their settlement. The plan included the forgery of her and her husband’s signatures and altered paperwork by the agent.

When Frank Herrera took her case, Lamar Hernandez was close to penniless and completely overwhelmed by the prospect of suing the formidable insurance company. Herrera, on the other hand, was used to championing the underdog and began investigating the details of the case. Through his research, he discovered a string of fraudulent moves made by the agent and others in the company. Still, throughout the preparation of the case, New York Life never made a formal settlement offer to Hernandez, though rumors abounded that the company would try to avoid trial for $250,000.

Instead, two years after Lamar Hernandez first visited Frank Herrera in his office, a jury in a Duval County courtroom awarded the widow and her family $21 million in punitive damages, a penalty the insurance giant was assessed for the first time in its 150 year history. Though the jury, public and media were astounded by the amount of the verdict, Frank Herrera never viewed the dollar amount awarded as the most rewarding detail of the case. Instead, he found the most satisfaction in the fact that no one had expected "the little guy to beat the big guy". Indeed, Lamar Hernandez could now go on with her life reassured that she and her family would be able to put closure to the ordeal and reclaim the financial stability they had lost.

As a result of this victory, Frank Herrera later represented thirteen other New York Life Insurance clients who had been defrauded by the same agent and helped them regain their financial lives as well.

The Law Offices of Frank Herrera cannot guarantee the outcome of any particular case. Results will depend on the facts of each case. Past performance is not a guarantee of future results.

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