Category: Car Accidents

$47,106.50 Plaintiff Verdict in Disputed Liability Soft Tissue Auto Case

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$47,106.50 Plaintiff Verdict in Disputed Liability Soft Tissue Auto Case

Jury trials are back, and we are still winning! Genavieve Fikes recently won a two-day jury trial in St. Clair County, Illinois, before Judge Heinz Rudolf. The case involved a disputed-liability intersection collision at Route 159 and Highway 15 in Belleville, Illinois, in August of 2017.

Following the collision, Plaintiff went to the emergency room and was x-rayed and diagnosed with a contusion from the seatbelt and arthritis. Her primary care doctor later diagnosed her with a neck and back strain resulting from the collision and referred her to two months of physical therapy.

Plaintiff incurred $17,106.50 in related medical charges, the bulk of which was hospital and imaging.

Despite Defendant's admission in her deposition that she had a stop sign on Highway 15 and that Plaintiff had the right-of-way for nearly three years, Allstate only offered Plaintiff $8,369.00 to settle her case, which was only about half of her medical bills.

As such, Burger Law geared up for the trial and took the depositions of Plaintiff's doctor and the defendant's paid expert, Dr. Richard Lehman. Before trial, in response to Plaintiff's bottom-line demand of $40,000, Allstate finally increased their offer to $20,909. This offer was obviously not enough to compensate Plaintiff for her injuries, medical expenses, loss of everyday life experienced, and pain and suffering.

So, the parties went to trial in St. Clair County, Illinois. Because of Covid, the panel for jury selection only consisted of 21 potential jurors, and only 6 jurors and 1 alternate ultimately heard the case.

Genavieve was able to get 1/3 of the jury panel struck for cause based on information that she could elicit from the potential jurors showing bias.

The Trial

At trial, Defendant and Allstate refused to accept responsibility for the collision and asserted that Plaintiff was contributorily negligent for not avoiding the crash or maintaining control of her vehicle. They minimized her cervical and thoracic strains as "whiplash" and tried to invalidate her pain and suffering. They highlighted Plaintiff's arthritis and negative imaging to try to diminish her damages.

Through cross-examination of Defendant on the stand with her deposition testimony, Genavieve was able to catch Defendant in her "prior inconsistent statements." (ahem…lies). Plaintiff testified about the accident's impact on her life and stood up well to defense counsel's cross-examination.

The Verdict

Ultimately, the jury returned a verdict in favor of Plaintiff and against Defendant for $47,106.50, which comprised $17,106.50 in past medical expenses, $10,000 for loss of everyday life experienced, and $20,000 for pain and suffering.

This is Genavieve's third disputed-liability jury trial victory in cases defended specifically by Allstate.

Genavieve 3 – Allstate 0.

It was a four-year-long fight against Allstate, but Burger Law never gave up.

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