From a $100,000 Policy to a $1.2M Settlement | Valeri Malone & Brian Ward | S6 Ep. 18

When Valeri Malone first brought the case to Brian Ward, the insurance company maintained that only $100,000 was available. But that was only the beginning of the problem. Their client, Berkeley, had been abused at daycare when she was just 22 months old. She was too young to explain what had happened to her, there was little contemporaneous medical documentation of her injuries, and the carrier was relying on an abuse exclusion that Valerie and Brian believed conflicted with Texas law. In this episode of Best Practices with Kenny Berger, Valeri and Brian break down how they developed the case, built the damages proof, and created leverage that ultimately led to a $1.2 million settlement during trial. The conversation covers: Looking beyond the carrier’s stated coverage position and analyzing what the law may actually require Proving harm when a very young client cannot tell her own story Using play therapy and expert testimony to connect specific evidence to a PTSD diagnosis Deciding when and how to use emotionally powerful video without overplaying it Turning restrictive courtroom rulings into opportunities for more creative advocacy Choosing experts for credibility, clarity, and genuine investment in the case Building a settlement demand conservatively enough to withstand the other side’s strongest argument Creating a trial-team environment where collaboration can lead to better strategic decisions The episode also explores what can happen when a case reveals a problem bigger than the lawsuit itself. Berkeley’s family is now advocating for legislation that would give parents greater access to video surveillance in daycare facilities, with the goal of preventing abuse before another family has to discover it after the fact. This is a case study in finding leverage where the case initially appears limited, and using preparation, creativity, and judgment to expand what is possible for the client.