Collision With 18-Wheeler Causes Traumatic Brain Injury

Stewart Gary Greenberg

Practice Area:Trucking Accident

Outcome:Large Settlement

Description:We just settled a case in which a young woman was involved in a horrific auto accident and sustained multiple catastrophic injuries. The woman was driving her Honda Civic along Okeechobee Road in Miami-Dade when a large, 18-wheel truck negligently made an improper U-turn in front of her. The devastating impact left the car unrecognizable. The young woman, who was a teacher in Pembroke Pines at the time of the crash, had to be cut out of the car by fire rescue. She was airlifted to the Ryder Trauma Center at Jackson Memorial Hospital where she was treated for a traumatic brain injury and various orthopedic injuries. The night before trial was to start, the insurance carrier for the trucking company offered to tender their policy limits. The law firm had researched the financial viability of the insurance carrier and made the determination that the insurance company was in a precarious financial state. The question then became: would the insurance company be around to pay a judgment by the time we went to trial and obtained an excess judgment (over the policy limits) and won a subsequent Bad Faith Trialor would it be insolvent? The trucking company itself was out of business, so they had no assets to contribute to the settlement. Upon our recommendation, the young woman accepted the substantialpolicy limits. A few months later, the insurance company did in fact become insolvent. The investigation by the lawyers at Greenberg & Stone helped our client make the right choice because had she not accepted the policy limits, she would have collected hundreds of thousands of dollars less and it would have taken years to get the money.

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