$1,500,000.00 For Pedestrian Hit In The Cross-Walk

Written by Charles J. Gale. Posted in Auto Accidents, Pedestrian Hit in Crosswalk, Pedestrian-Auto

pedestrian-in-crosswalk-web

Our office recovered the amount of $1,500,000.00 for a sixty-four year old pedestrian hit in the cross-walk by a vehicle. The injuries sustained in the accident were severe. Those injuries included a fractured left leg, fractured right foot, fractured right ankle and a cut to the upper lip requiring five stitches. Because the injuries were severe, and the cost to the insurance carrier was going to be substantial, every issue would be disputed. The insurance carrier disputed who was at fault in the accident. The insurance carrier disputed the nature of our client’s injuries and the extent of our client’s recovery from those injuries. The insurance carrier disputed the value of fair compensation for these injuries. And, despite the enormous difference of opinion on these issues, these issues were not the real dispute in the case.

Seven months after the accident, our client was at home recovering from her fractured left leg. While at home, our client tried to transfer out of her wheelchair and into another chair. As she was doing this, she fell and fractured her left hip. The insurance carrier denied all responsibility for this fractured left hip. The insurance carrier took the position that an injury that incurred seven months after the accident was not their responsibility. We disagreed and filed suit.

The injuries sustained from the fractured left hip became much more severe than the injuries sustained from the original auto accident. As a result of the fractured hip, our client underwent two hip surgeries and incurred hospital and medical bills approaching $200,000.00. In addition, her recovery period was substantially extended.

During the litigation, we were able to prove that our client had not yet totally recovered from her fractured left leg when she fell. Our client was still weak and unstable. We were able to successfully prove that if our client had not been injured in the auto accident, our client would not have fallen and therefore would not have fractured her left hip. And of course, the disagreements did not end there. The fractured left hip resulted in various unforeseen complications, all of which the insurance carrier refused to accept responsibility.

If you or your loved one are injured in an accident, do not assume that the insurance carrier will assume responsibility for the full consequences of that accident. They won’t. Call the Law Firm of Charles J. Gale, P.C.

$100,000 for Pedestrian Struck by Vehicle

Written by Charles J. Gale. Posted in Auto Accidents, Pedestrian-Auto

Pedestrian Struck by Vehicle While Crossing the Street

Pedestrian Struck by Vehicle While Crossing the Street

 

Our office recovered #100,000.00 for a pedestrian struck by a vehicle while crossing the street.  The  38 year old male pedestrian had the right-of way while crossing the street.  He was in the cross-walk and crossing with the walk signal.  The vehicle was traveling with a green light, making a left turn.  This type of incident happens all too often, the driver and the pedestrian both having the green light.  Needless to say, the insurance carrier denied all liability and refused to pay.  Suit was filed.

Even in simple cases like this, the insurance carrier will try to blame the pedestrian.  After all, the vehicle had the green light.  Didn’t the pedestrian see the left turning vehicle?  Was the pedestrian running?  Was his vision obscured?  Was his attention distracted?  Did he enter the street without having enough time to cross?

Pedestrians struck by vehicles can expect the insurance carrier to dispute liability.  And, even if successful, the insurance carrier will try to minimize the injuries.  After all, there were no broken bones, no cuts, no bleeding, no stitches and no concussion.   All x-rays were normal.

Actually, there were injuries, serious injuries that x-rays will not show.  In this case, the pedestrian sustained torn ligaments to his knee.  This will not show up on x-ray.  After extensive litigation, we were able to recover $100,000.00 for the pedestrian who “was at fault” and “sustained no injuries.”

If you or a loved one are the victim of an auto/pedestrian incident, call the Law Offices of Charles J. Gale for a free consultation.  If we do not recover, there is no charge.

 

 

$85,000.00 For Pedestrian Struck By Vehicle With No Serious Injuries

Written by Charles J. Gale. Posted in Auto Accidents, No Serious Injuries, Pedestrian-Auto

 

 

Pedestrian In Crosswalk

Pedestrian In Crosswalk

 

Our office recovered $85,000.00 for a pedestrian struck by vehicle with no serious injuries.  In this case, a 36 year old police officer struck by a vehicle while investigating the scene of an auto accident.

 

The police officer was on the scene of another auto accident, investigating the scene.  While the officer was out of his vehicle completing the investigation, a drunken driver came crashing into the scene of the first accident, striking the police officer and multiple vehicles.   The pedestrian struck by vehicle with no serious injuries was rushed by ambulance to the hospital where he underwent extensive tests and examinations.  Luckily, there were no broken bones, no bleeding, no loss of consciousness, no bruises.  Because of the series of negative findings at the hospital, the insurance carrier disputed the extent of the injuries to the police officer, even in this clear liability case.  We had no choice but to file suit against the drunken driver.  The only way the insurance carrier was going to accept the fact that the police officer sustained injuries was to prove it in court.  Eventually, after the expense of litigation, we were able to prove that, in fact, the pedestrian struck by vehicle with no serious injuries did in fact sustain compensable injuries despite the fact that there were no broken bones, cuts or loss of consciousness.

 

When injured in a motor vehicle accident there are some important things you must do and know.  First, you should know that the insurance company will try to convince you that you sustained little or no lasting injuries from the accident.  They will argue, like the pedestrian above, that since no bones were broken, no cuts were sustained, no head injuries incurred and no objective findings from the various tests at the hospital, that you were not really hurt.  This of course may not only be false, but insulting.

Second, you should know that the insurance carrier will try to settle your case for less than full compensation.  What you think is fair compensation and what the insurance company thinks is fair compensation is rarely the same.  The insurance carrier will remind you that your medical bills have been paid by your health insurance company so the medical bills do not need to be considered.  This is wrong.  The insurance carrier will point out to you that your wages have been paid by your employer during your time off so your wages do not need to be considered.  This is wrong.  The insurance carrier will point out that the tests taken at the hospital were negative so you had no injuries.  This is wrong.  You will have to explain to the insurance carrier that they are wrong on their assumptions and prove to them why they are wrong.

 

Third, you should know that a “simple” auto accident is never simple.  The insurance carrier may not have enough insurance to adequately compensate you for your losses.  You may have to file an uninsured or an under-insured motorist claim.  There may be multiple parties at fault, or multiple parties wanting compensation from the same insurance carrier. Your injuries might be related to a pre-existing condition.  The insurance company disputes your injuries, or your medical bills or your time off work.  The areas of dispute are unless.

 

This is what you should do.  First, you should get the names and addresses of all witnesses.  Second, seek medical treatment immediately if you are in pain.  You should report to the doctor all parts of your body that are affected, even if the pain does not seem severe.  Days later, the pain may be much worse.  Third, you should take pictures of your car, immediately at the scene if possible.   Finally, you should contact your insurance company.  When doing this, do not give your insurance company a statement or allow them to record your statement as there is always a potential claim for uninsured or under insured motorist coverage.  Finally, should retain an attorney immediately.

 

Your initial consultation with the LAW OFFICES OF CHARLES J. GALE is free and you will be under no obligation.  We will discuss with you your rights and provide you a free and comprehensive evaluation of your case. We will explain to you in detail in steps involved in prosecuting your claim.  At no time will you be charged a fee unless we collect.

 

$125,000 for Pedestrian Hit by Vehicle

Written by Charles J. Gale. Posted in Auto Accidents, Pedestrian-Auto

pedestrian-victim-waiting-ambulance

Our office recovered $125,000 for Pedestrian Hit by Vehicle while standing next to his car in the parking lot.

Our client, a thirty-eight year old male, was standing next to his car in the parking lot when another vehicle struck him in the leg. There was no damage to either vehicle. Because of this, the insurance carrier denied that there was an accident, and specifically, denied any contact by their vehicle to our client. And, to complicate matters, our client had a prior knee injury. That is, the injury sustained in this accident was the same injury that our client had sustained years earlier. This is a very common scenario that takes place in many injury cases.

The pre-existing injury defense argues that our client had injuries that existed prior to the accident. In particular, the injury to our client’s knee was incurred prior to this accident by a previous incident. Furthermore, this accident did not make his prior knee injury worse. The insurance carrier will attempt to support this argument by the medical records, usually x-rays or MRI scans taken before the accident and compared to x-rays and MRI’s taken after the accident. We use the same medical records to support the argument that the accident did in fact make our clients’ injury worse. As is common in these matters, two individuals, myself and the insurance adjuster, looking at the same facts, in this case the medical records, will come to vastly different conclusions. It is our burden to prove that our view of the medical records is correct. And that the adjuster’s view of the medical records is wrong.

To prevail on this issue, other matters besides the medical records are also used to prove that the accident made our clients’ pre-existing injury worse. Our clients’ work limitations before the accident were compared to his work limitations after the accident. The need for therapy after the accident was compared to his need for therapy before the accident. In general, our clients need for medical treatment immediately after the accident, including diagnostic testing, arthroscopy and other treatment was compared to our clients need for medical treatment immediately prior to the accident.

In short, simply proving an accident caused by the insured is not sufficient to recover compensation for your injury. You must also prove that the accident made your pre-existing condition worse. If you are involved in an accident, and had a pre-existing injury to that same part of your body, proving the extent of your injury can be problematic. In short, you can expect the insurance carrier to fight you on this issue.

Our office has been recovering compensation for our clients with pre-existing injuries for over thirty years. If you or your loved one were injured in an accident, call the Law Offices of Charles J. Gale.

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Law Offices of Charles J. Gale, PC
14007 South Bell Road, Suite #254
Homer Glen, Illinois 60491

(630) 243-6409