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$940,000 Policy Limits Recovery for Injured Motorist

Case Conclusion Date: 07.21.2014

Practice Area: Car accident

Outcome: $940,000 Recovery

Description: Lawyers Russell A. Dohan and J.P. Gonzalez-Sirgo recover $940,000 for injured driver. Our 49 year old client was involved in a car accident. The other driver, in a 2005 GMC Large Cargo Van, moving at a rate of speed of 45mph on the Palmetto Expressway in Miami, Florida, rear-ended a stopped car which in turn hit the stopped car of our client. Our client was described as having a “possible” injury at the scene on the police report, due to his complaints to the police officer. Fire rescue did come to the scene, and even though our client did once again complain to fire rescue of general shock and pain, our client did not request to be taken to the emergency room, as he had a job appointment to attend to and was headed to the job location that morning. Subsequently, our client went home, rested and took some pain medication. The following day he made an appointment with an orthopedic medical doctor. The doctor diagnosed him with left shoulder, neck, and back sprains. During the next three years, our client suffered $350,000 in medical bills, as a result of a number of major surgeries, including a rotator cuff repair, lumbar diskogram, and a lumbar fusion. He also underwent a number of outpatient medical procedures, such as epidural injections. Our client’s injuries left him totally disabled at 50 years old. In addition, as a result of his pain and disability, he was admitted to the hospital for a major psychiatric depression. He was unable to work and applied for Social Security Disability benefits. Citing our client’s pre-existing medical conditions (which were extensive), the other driver's insurance carrier only offered to settle the case for the amount of our client’s medical bills. We then filed a lawsuit and commenced discovery. After mediation failed and just before the trial of the case, the other driver's insurance carrier paid the entire insurance policy limits available.

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