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Verdicts & Settlements

Our results say it best
Eberstein & Witherite has won millions of dollars for our clients since we began our business to help injured Texans and their families get the money they deserve. Our firm’s trademarks are prompt, personal service, preparation, and performance. During a jury trial or settlement negotiations, our attorneys have helped many injured Texans receive just compensation for medical bills, lost wages, lost earnings, physical pain and emotional suffering due to others’ negligence or intentional acts. Through this method, our firm has earned a solid reputation for matchless personal service, quick resolution, and results. No attorney can ever guarantee that a case will result in certain victory or that a particular amount will be recovered. However, Eberstein & Witherite, LLP, does guarantee that our team will use its experience, determination, and substantial resources to assertively pursue the best verdict or settlement the law and particular facts the case will allow. Listed below are just a few of the verdicts and settlements our attorneys have won for our injured clients in Texas, including litigation and negotiation at all levels of the federal and Texas state courts. These clients have benefited from a Texas personal injury and business litigation law firm with the skill, firm dedication, and considerable resources to confront any individual offender, big corporation, or large insurance company. The results we achieve speak for themselves.

$8.06 million


Our business litigation team negotiated a settlement for a valued vendor of Texas Instruments products. Texas Instruments breached its contract with our client. The case was settled one business day after our firm filed the lawsuit in court.

$3.6 million


An elderly man became a double amputee due to neglect and abuse at three different nursing homes in Fort Worth, and our efforts resulted in a medical malpractice recovery which paid our client over $2.57 million. The amount was just compensation for the injury suffered when the patient’s multiple pressure ulcers became gangrenous and required amputation.


Paid to client

A Marine veteran was admitted to a hospital and received improper treatment resulting in 9 surgeries and the removal of his colon.  This former Marine recoverer over $2.5 million as a result of Eberstein & Witherite representation.

$3 million


Our truck accident litigation team, led by Brian Eberstein, was eager to help the child of a young single parent killed in a collision at an intersection with a commercial vehicle receive just compensation. We worked closely with an expert accountant, and we developed an economic forecast that illustrated the current and future financial losses to the child of the deceased single parent.

$1.8 million

Verdict – Judgment entered for $1,696,895.50

A 78-year-old man died by medical error. His family filed a lawsuit against a rehab center because his family claims the man was administered the medication Ativan twice during the course of treatment for a fracture, despite both his chart and wristband noting he was allergic to the medication. The defendant appealed this case all the way to the Texas Supreme Court. The Supreme Court declined to hear the defendants appeal.
As seen in Texas Lawyer (pdf)

$1.75 million

Settlement paid to client

A man suffered a horrific stroke, and an emergency department failed to timely diagnose or treat it. Also, the examining physician diagnosed the patient with pneumonia and later discharged him. Three other law firms refused to take the case before our legal team agreed to help the family protect their rights.



A wrongful death recovery of $859,792.41 was paid to for the three adult children of a 67 year old woman who suffocated to death due to an improperly monitored trachea at a hospital in Dallas.

$1.6 million


A driver ran out of gas while traveling on a Texas state highway. After pulling his vehicle into the right lane, he was struck by an oncoming truck. The engineering experts on our team used sophisticated computer modeling to demonstrate how the truck driver should have been able to see and avoid the car and the family was paid over $1.6 million.

$1.05 million


We successfully convinced a jury to award payments to the surviving spouse and children of a patient whose EKG doctors had failed to properly review and note potential heart problems prior to minor surgery, resulting in complications and eventual death.


Payment to Client

Our client had to undergo neck surgery after being hit by a commercial vehicle. The client received $527,818.


Payment to Client

Our client developed serious back problems after a collision with a commercial truck aggravated his two prior back fusions. Our team negotiated a favorable settlement that compensated him for his injuries.


Payment to Client

Our team obtained compensation for the family of a man killed in an accident with an 18-wheeler in Dallas County.


Paid to 18 year old client

Our team represented a teenage girl who was involved in a serious automobile accident, and she lost the tips of four fingers on her hand. A suit was filed and the case was settled shortly before trial. The client was paid $459,151.



A 26-year-old man needed low back surgery to repair a damaged disc in his back as a result of an accident. He was initially offered just $35,000. After hiring Eberstein & Witherite, the client pocketed $365,631.



Our team tried and won a difficult case in Fort Worth against big employer, Ben E. Keith, who refused to fairly deal with an employee who was hurt on the job.


Paid to Client

Our team obtained compensation for a client who was hit by an 18-wheeler. Our client had a low back injury but ultimately did not require surgery.



When a man ignored a stop sign and rammed into our client, our client suffered injuries to his neck and left shoulder. Our client had to endure a left shoulder surgery to repair three tears to the ligaments. Although the medical for our client totaled only $40,251.93. Before even filing suit, Eberstein & Witherite negotiated a $374,750 settlement of which $244,500 was paid to our client.

$1.2 Million


In a difficult case where our client ran into the back of a farming truck at 5:30AM, we sued both the farmer who was driving the slow moving truck for injuring our clients’ 2 young girls. Once we recovered the farmer’s policy limits of $250,000, we then pursued Chrysler who made the van the girls were riding in. The seatbelt system of the Chrysler van was defective and failed to keep one of the girls safely strapped in her seat. An East Texas jury found the seat belt system defective and compensated the injured child an additional $950,000.

Policy Limit


In a horrific wreck that happened near downtown Dallas, our client was unfortunately killed as an 18-wheeler took an overhead curve at an excessive rate of speed. The 18-wheeler crashed over the side barriers and fell 40 feet, crushing our client’s car that was stopped under the overpass for a red light. Our young, unmarried client was killed almost instantly. We fought the lawsuit on behalf of her family and recovered the available policy limits.



While our client made his regular early morning delivery to a local Dallas, Texas food and produce company, one of the defendant’s trucks backed into our client causing him to injure his right knee and back. After surgery on his right knee, and still needing surgery to his back, our client filed suit. Once our client sued this company, the defendants company then retaliated and sued our client for trespassing. We took these outrageous accusations to a jury who not only vindicated our client and compensated him $350,921.61