Posted by Gary Burger on January 3, 2018 in Personal Injury
The firm recently settled a case involving a client, Jake, who sustained an injury in Illinois while driving a golf cart. His brother was on the phone while driving his own golf cart and crashed into
Jake. Jake fractured both his fibula and tibia bones. It can often be uncomfortable when one family member has a claim against another family member who has acted irresponsibly — and more importantly, it can be uncomfortable for jurors to hear in a trial. We know how to select jurors and speak to them to put your best case forward in a trial. This case was supposed to go to trial in January.
During Jake’s surgery to place a steel rod in his fibula, his doctor left stitches under his skin, causing him irritation and pain that interfered with his sleep. He had two further surgeries—by two different doctors—to remove these stitches.
The defendant, Jake’s brother, sent Jake to a medical examiner to make an independent determination on whether his injuries were caused or made worse by the accident, or determine that no injury exists. This doctor linked Jake’s severe injuries directly to the crash, and ended up being one of the doctors who ended up removing the bolt in Jake’s leg and the stitches that were incorrectly left inside. I kept both the bolt and the stitches to use as exhibits should we have had to go to trial—having tangible things the jury can see would only help our case.
Even though the insurance adjuster initially advised us that they would only pay $100,000 to settle the case, they eventually agreed to settle for $350,000 as a result of our persistence and our intent to pursue litigation. After this agreement, they then tried to claim a $5,000 credit for an advance that was paid a long time ago; however, we have not agreed to that and will insist that the full amount be paid according to our agreement. If necessary, we will file a Motion to Enforce Settlement.