From the minor fender benders to the tragic accidents that result in fatalities, car accidents often launch periods filled with confusion and uncertainty due to medical bills, emotional distress and lost wages.
However, very few cases involving car accidents go to court. Rather, most are settled out of court for a host of reasons, including the time associated with a lengthy jury trial and the uncertainty of how a jury will rule.
Keep in mind that you only get one shot with a settlement. Once you agree to a settlement offer or receive a form of compensation, your case is effectively closed. That’s why it’s in your best interest to rely upon the skillful experience of a New England personal injury lawyer specializing in car accidents.
How are car accident settlements calculated?
It’s important to note that if you’re involved in a car accident that’s not your fault, you most likely will be dealing with the other driver’s insurance provider.
There’s no single master formula that insurance providers use in calculating the worth of an accident claim, but there are several specifics that will drive the value of a settlement offer.
The damage was done to your vehicle
In most cases, the value of the damage to your car will be limited to covering the costs of repairs. If your car is totaled, the value is limited to the current value of your vehicle.
Injuries you’ve sustained
This portion is calculated by the medical bills you’ve already incurred, any expected follow-up treatment and lost wages.
Your pain and suffering
This part is particularly tricky. Some providers will rely upon a multiplier system (multiplying your actual damages by three or some other number); others go with a daily rate method, which essentially is a per diem for each day that you experience suffering from the accident; while others use a combination of the two.
The limits of the driver’s policy
The limit of the at-fault driver’s policy is the ceiling for the worth of the settlement.
Do I need a lawyer to help settle my car accident case?
If you want to receive the proper compensation to which you’re entitled, you need a car accident lawyer representing your interests.
The other driver’s insurance provider will attempt to convince you to settle as quickly – and as cheaply – as possible. They are professional negotiators whose best interests are their company’s bottom line.
Your lawyer will go through every piece of the settlement offer to ensure that you are properly compensated.
If you’ve been injured by someone else in a car accident, call the Haymond Law Firm, New England’s most trusted personal injury lawyers.
If this has happened to you, you already have enough to worry about. That’s why leveraging the knowledge and expertise of the skilled New England personal injury lawyers at the Haymond Law Firm is the smart move.
With offices in Connecticut, Massachusetts, Vermont, New Hampshire, and New York, the Haymond Law Firm has the resources to energetically and aggressively fight for your interests.
Case 1: Large Settlement awarded to the drunk driving victim
The defendant was driving home from a holiday party where she had been drinking. Her cell phone slipped off the passenger’s seat and onto the floor. She heard the cell start to ring and took her eyes off the road for “just a second” to reach for the phone. And it took “just a second” to cross the centerline of the roadway and crash head-on into [Jane Doe].
As a result of the heavy front end impact, Jane suffered life-changing injuries, including:
- Fracture of right wrist
- Comminuted fracture of right knee requiring multiple surgeries with the insertion of, and later removal of, hardware
- Multiple fractures including lisfranc and cuboid fractures, of right foot requiring multiple surgeries including open reduction, internal fixation, removal of hardware and bone fusion
- A limp that will never go away
- Concussion and loss of consciousness
- Cervical sprain with reversal of the lordotic curve
- Muscle spasm
- Contusion to head with subcutaneous hematoma
- Permanent impairment of right wrist
- Permanent impairment of the right knee
- Permanent impairment of the right foot
- Multiple abrasions and contusions
- Interference with activities of daily living
- Sleeplessness due to pain
- Extreme physical pain and suffering
- Loss of enjoyment of life
Luckily for Jane Doe, the wrongdoer had a $100,000 auto policy and a 3 million dollar umbrella policy. Jane hired the Haymond Law Firm to represent her. Services provided by the Haymond Law Firm included:
- Multiple hospitals and home visits
- Setting up Medicaid and monthly disabilities payments
- Contracting creditors (credit cards)to alleviate dunning
- Bringing the lawsuit
- Arranging permanent impairment ratings
- Arranging a vocational rehab report
- Documenting work history
- Negotiating settlement
Once the $100,000 underlying auto policy was tendered, the Haymond Law Firm pursued the umbrella policy. A meeting a the Haymond Law Firm was scheduled with the adjuster from Boston, a structured settlement analyst from New York, their attorney, and our client. They initially offered an additional $300,000 but John Haymond personally negotiated with them throughout a long day.
Case 2: Defendant denies being involved in an accident
A young woman was taking her son to school when she pulled to a stop at a stoplight. Suddenly, her car was struck by a van from behind. She signaled to the van and pulled into a gas station to call the police. The van fled the scene. However, the van was a commercial vehicle, and the young woman knew from the printing on the van which the company owned it. She called the company immediately and reported the accident. The operator of the van stated that he saw a car with the license plate “ICEY” strike another vehicle, but denied he was a cause of the accident. As it turns out the young woman’s license plate is “ICEY”, thereby placing the van directly behind her.
An investigation revealed that paint transferred from the van to the young woman’s car. In an attempt to avoid responsibility, the company produced a receipt from the gas station which placed the van at the gas station allegedly at the time of the accident. The company wanted to prove that he did not flee the scene. Attorney Radner put together a timeline of the events and proved that the receipt was produced 20 minutes after the accident based on the time the young woman was supposed to drop her child off at school. As a result of piecing together this evidence, Attorney Radner forced the insurance company to change its position and settle the young woman’s claim.
Case 3: Distracted driver causes auto accident results in injuries
The most dangerous type of driver on the road isn’t necessarily one who is under the influence of drugs or alcohol, though those types of people do pose a very significant risk to everyone around them. Distracted drivers are the main cause in thousands upon thousands of car accidents each year, many of which are very serious. Case in point: a distracted driver just outside of Hartford recently caused an auto accident that resulted in injuries.
David James was driving down the road while responding to a text message on his phone that he had recently been sent by his girlfriend. Initially, when asked by the Police Officer and our investigator he denied being on his cell phone. Ultimately, we were able to prove through our investigative research that he wasn’t revealing the truth. We proved him wrong.
Mark Shaw, an MA. a resident was not taking his eyes off the road. Mr. Shaw was traveling in the same direction as Mr. James and was stopped at a light that had just turned red. He was traveling at an appropriate speed, left enough space in between himself and the vehicle ahead of him and had given himself more than enough time to stop. Mr. Shaw was on his way to work – unfortunately, he never made it that day. Before he knew it, Mr. James had plowed into the back of Mr. Shaw’s car – sending him careening into the intersection.
What Mark did do, however, was contact the Haymond Law Firm. Mark suffered a wide variety of injuries as a result of the accident including but not limited to a fractured tibia, a broken arm, and a fractured hip. He underwent surgery as a result of the accident and lost income and valuable family time with his wife and children.
Haymond Law Firm brought suit against James and included a count for negligence and reckless behavior. We knew based on numerous cases in the past that a jury would seek to punish the texting operator and that is why we claimed reckless driving. We were able to prove that Mr. James was distracted, both by looking at the SMS text message records on his cell phone and using eyewitness testimony, both of which were invaluable in court. Our team of attorneys and experts did their job. Because of these details, the insurance company caved in and Haymond Law Firm was able to extract $520,000 for Mr. Shaw just before jury selection.
Case 4: Accident reconstruction evidence
Police gave the motorcyclist a ticket for speeding. His alcohol content was above the legal limit. There were 4 eyewitnesses on the police report. They all said the motorcyclist was speeding and crossed double yellow lines to pass them just before the accident. The police report looked hopeless for the motorcyclist. No favorable witnesses. Attorney Sudnick met with the motorcyclist in the hospital. Attorney Sudnick met with his family. These were good people. Attorney Sudnick was convinced that the motorcyclist was telling the truth in that he regretted drinking and passing but that he was not speeding.
The Haymond Law Firm invested thousands of dollars in private investigation work to find some positive evidence. The door-knocking paid off. A single credible witness in the neighborhood said the motorcyclist was not speeding. Haymond Law hired one of the best accident reconstructionists. She hired an accident specialist that teaches for police departments. She explained to the insurer that she rode motorcycles and explained how the braking systems worked on a motorcycle. The insurer surrendered a complete policy before ever filing suit against all the odds.
Case 5: Victim in Bridgeport hit by a drunk driver
Leia met a few friends at a local bar for a drink. After roughly an hour, Leia and her friends decided to call it a night and head to her home in Bridgeport, CT. She called a cab for her friends and then made her way to her car. As Leia was pulling out of the parking lot of the bar, she noticed a vehicle behind her swerving in and out of the lane. Between the swerving and the driver following way too closely on a winding road, Leia grew nervous but focused on her driving after creating some distance with the tailgating driver.
As Leia pulled up to a stop sign at a four-way intersection, everything seemed just fine. That is until the aforementioned driver plowed into the back of Leia’s car, slamming her into the intersection where she was sideswiped by another vehicle.
This traumatic accident caused Leia to blackout upon impact. She woke up to paramedics removing her from her totaled vehicle. After a twilight hour ambulance trip and emergency room visit, Leia was stuck between a rock and a hard place. The doctor on-call informed her that in addition to a concussion and broken ribs and wrist, the deep cuts she sustained on her face from broken glass would require stitches.
Feeling overwhelmed and hopeless, Leia reached out to us at the Haymond Law Firm. Our team hired investigators to obtain witness statements as quickly as possible to support the claim against the other driver. Through our tireless efforts, we discovered that the at-fault driver was drunk. Witnesses at the watering hole gave us statements as to how much he had been drinking.
We pursued a claim against the driver and the bar who served him. Also, we are proud to have been able to obtain medical treatment for Leia from physicians who agreed to wait to get paid until the case was resolved.
Case 6: Speeding tractor-trailer causes an accident
When you begin to think of some of the most dangerous vehicles on the road, tractor-trailers aren’t necessarily the first type that comes to mind. If one such vehicle is involved in an accident, however, things can quickly prove to be a disaster thanks to the trailer’s sheer size and weight alone.
Case in point: a speeding tractor-trailer was recently careening down a highway just outside of Springfield, MA. Driven by Ryan Murphy, a veteran of the trucking industry for over 25 years, the trailer was on its way to its final destination of the day. Regardless of whether or not Murphy was distracted, or rushing to try to drop off his load so he could get home for the day doesn’t matter – all that is important is what happened next.
Suddenly, a new traffic pattern emerged that Murphy couldn’t respond to fast enough. Though traffic on the highway had previously been traveling at normal speeds, allowing Mr. Murphy to go a little faster than normal, an upcoming bottleneck quickly slowed things down. Mr. Murphy didn’t see this in time and, as a result, slammed into the back of a minivan driven by Randal Rhodes, also a native of the area.
Had Mr. Rhodes not been wearing his seatbelt, things would have gone very differently. Though his minivan was virtually destroyed as the result of the accident, Mr. Rhodes himself was luckily able to survive the wreck with non-life threatening (although very serious) injuries. He sustained a fractured collarbone, two broken ribs, and a shattered ankle.
Mr. Rhodes was also lucky in that he contacted the Haymond Law Firm soon after being released from the hospital. After our specialists took Ryan Murphy and his trucking company to court, Mr. Rhodes was awarded for both his injuries and the damages that he sustained as a result of the speeding tractor-trailer.
Case 7: Large Settlement awarded to a drunk driving victim
Thomas Jenkins, a retail worker at a local shopping center, was hit by a 2009 Nissan Versa while attempting to cross an intersection. Jenkins had the right of way, as indicated by the “walk” light indicator that flashed from across the street. Jenkins began to cross Main St. to reach his bus stop and walked within the confines of the restricted crosswalk area until he was struck by Jeremy Hill’s Nissan Versa. Jenkins immediately fell to the ground in pain and onlookers called 911 for the assistance of emergency personnel. Hill stopped at the scene and provided his personal information as well as his vehicle information to the police.
After an extensive hospital evaluation, it was determined that Jenkins suffered spinal fractures and required a hip replacement. He also suffered from a variety of other life-altering health problems as a result of the accident. These include post-traumatic stress disorder, anxiety, depression, a build-up of fluid in his hips and severe migraine headaches. Jenkins was unable to walk after the accident but later regained the ability to take steps with the assistance of a walker after a lengthy physical therapy. He will likely have a noticeable limp for the rest of his life as a result of the accident. Jenkins has not returned to his retail job since being struck by Hill’s vehicle last January.
A trial was scheduled for later that year. Thanks to the legal expertise of The Haymond Law Firm, a generous settlement was reached two months before the trial to provide Jenkins with the financial support that he so desperately needs. Jenkins received a large settlement for the numerous injuries that he suffered as a result of the accident.
Jenkins credits The Haymond Law Firm for helping him secure this substantial amount of money that will pay for his medical care and also replace his lost income. If the firm had not pushed to acquire evidence in the immediate aftermath of the accident, recruit eyewitnesses and establish a team of medical experts for possible testimony, such a substantial settlement would not have been reached. If you’ve been injured, do not hesitate to reach out to The Haymond Law Firm right away to preserve and protect your rights.
Case 8: Accident causes post-traumatic stress disorder
Thomas Dooley’s car was struck from behind by another vehicle while approaching a traffic light.
His car sustained moderate property damage and Mr. Dooley suffered injuries to his neck and back. Before the accident, Mr. Dooley worked as an industrial engineer and had been a student at Central Connecticut State University. Following the accident, he had difficulty with work.
He contacted the Haymond Law Firm for help. Mr. Dooley was evaluated by Psychiatrists and Neuropsychologists who concurred that he was disabled and suffered from Post Traumatic Stress Disorder. He applied for and received Social Security Disability benefits. A claim was also filed with the other driver’s insurance carrier which initially contested responsibility citing an earlier accident as the cause for Mr. Dooley’s suffering.
Following lengthy litigation efforts, the insurance company ultimately offered its policy limits. The Haymond Law Firm is now pursuing an underinsured motorist claim against Mr. Dooley’s own insurance company seeking additional compensation for Mr. Dooley.
Case 9: Accident cripples a woman’s ability to care for her husband
Mrs. Angelina Dias en route to picking up her husband Arnold from the doctors was rear-ended while at a complete stop.
In addition to the injuries to her neck, shoulder, and ankles, Mrs. Dias was greatly frustrated by the accident; her injuries prevented her from being able to care for her husband who was severely ill. Mrs. Dias turned to the Haymond Law Firm for assistance with coping with her mounting medical bills.
One of our attorneys took it upon themselves to obtain compensation for more than just the medical bills. The attorney aggressively detailed the large impact the injuries had on Mrs. Dias’ personal life, including crippling her ability to take care of her husband. She was able to convince the insurance company that her anguish over no longer being able to take care of her husband was an additional component of her pain and suffering. The Haymond Law Firm Attorney was then able to recover funds on Mrs. Dias’ behalf.
In a letter to our office after the case was resolved, Angelina wrote: “I was very pleased to receive my check, thank you. I appreciated the results and all the time and effort you and your office have put into this first-time experience for me. The girls in your office have all been a pleasure to talk to. I will always recommend the Haymond Law Firm. Sincerely, Angelina Dias”.
Case 10: Dog in road causes accident
When our client, riding his motorcycle, crashed into the back of a truck that was stopped in the middle of the road, he was badly injured. The truck had stopped to avoid hitting a dog in the road. The law holds the owner of a dog liable for any injury caused by the dog.
The motorcyclist’s losses exceeded the $20,000 insurance carried by the owner of the truck. The dog was a greater contributor to the accident than the pickup truck. A great deal of investigation went into this case because the dog’s owner initially denied that it was his dog. The case went to trial, seeking payment from the owner’s homeowner’s insurance. Just before jury selection, attorneys for the dog’s owner and the pickup truck agreed to a settlement.
Case 11: Fatigued tractor-trailer driver causes serious injuries
Neil Anderson listened to the news as he turned onto the highway. His job as a framer routinely had him driving through the beautiful northwest hills to different job sites. Today was an exceptional Fall day with bright sunshine and blue skies. He concentrated on the road as he drove along in his Ford Explorer. However, all his concentration couldn’t prepare him for what would happen next.
A tractor-trailer appeared in his rearview and was gaining on him quickly. Neil was sure it would change lanes and pass him but it didn’t. Instead, it crashed into the rear of his SUV totaling the vehicle and leaving him injured.
Fortunately, the injuries weren’t life-threatening but a fractured leg would limit his mobility and a head injury caused temporary seizures. Haymond Law referred him to a neuropsychologist who had years of experience dealing with this type of trauma. Mr. Anderson would need to miss work until he could rehabilitate. Haymond Law immediately.
If this wasn’t bad enough the paperwork for short-term disability was confusing and was rejected by the insurance company and the bills were starting to stack up. That’s when he called The Haymond Law Firm. Haymond Law immediately fixed the problem and got Neil the disability checks he so desperately needed.
Also, Lawyer’s at the firm jumped into action. An investigation into the truck driver’s log showed that he’d been on the road for more than sixteen hours on the day of the accident passing through 5 states including New York, New Jersey, and Connecticut. This fact established that the trucker violated the law, was fatigued at the time of the accident and resulted in Neil obtaining a substantially higher settlement. It was also established that injuries prevented Neil from returning to his physically demanding job for at least two months. As a result of obtaining this vital information approached The Haymond Law Firm to put the matter to bed as quickly as possible.
Anderson was awarded a large settlement and he and his family are living comfortably with no financial worries.
Case 12: Hit while walking and left to die
Twenty-six-year-old Lamar Fields was walking home at about 3 A.M. following a New Years Eve party when he was struck from behind by a car driven by a very drunk young woman in an uninsured, unregistered motor vehicle.
He was thrown into the air, his head shattering the windshield before being thrown to the ground. The woman left the scene leaving Mr. Fields to die in the road.
The next day, having no clues, the police placed a story in the newspaper asking for anyone with information to come forward. A man reported to police seeing his neighbor return home the night before acting very drunk and the next morning he noticed her car had a smashed windshield.
Later in the afternoon, he saw the woman and her boyfriend break out the entire windshield of the car with an ax and put the pieces in the trash can. The police went to the house and found blood and hair on the broken windshield matching the victims, as well as pieces of his torn jeans on the bumper.
Upon her arrest, the woman stated that she thought she had hit a low branch.
The family of Lamar Fields contacted the Haymond Law Firm. Since the woman had no insurance and Lamar was unemployed and living at home, the Haymond Law Firm legal team brought a claim against Lamar’s parent’s uninsured motorist policy.
After several years of litigation, a settlement was reached out of court. The Attorneys are also pursuing a claim against the bar that served the young woman alcohol.
Witnesses report she had over 8 drinks before leaving the establishment.
Case 13: Rear-ended during highway accident
Daniel Banks, 19, was driving his 1980 Datsun on I-95 when he was rear-ended by Charles Weston.
As a result of the accident, Mr. Banks has left a complete paraplegic. Mr. Banks made the most of his post-accident life, including winning the World Wheelchair Games in England and training for the 2000 Australia Paralympics.
Before trial on this case, the Court recommended that Mr. Banks accept the offer. Upon an Attorney’s recommendation, this offer was rejected by Mr. Banks. After a 9-day trial, the jury agreed that the case value was much higher and awarded the plaintiff more than expected. After trial, we demanded and were awarded an additional recovery for damages, due to the defendant’s inappropriate delays in making the payment.
Case 14: A drunk driver’s judgment day
Joseph Smith was driving on the interstate when a drunk driver traveling in the wrong direction slammed head-on into his car causing him massive internal injuries.
Smith was hospitalized in intensive care for three months until he died of his injuries. The drunk driver was sentenced to six years in prison.
An Attorney from the Haymond Law Firm brought suit on behalf of Mr. Smith’s family. The drunk driver admitted blame and we obtained a significant judgment against him.
Case 15: Boston car accident injury trial awards victim
Jan was making her morning trip to work on a road that she knows like the back of her hand. When she came upon a sharp curve, she slowed down; however, after getting about halfway through the curve, she then noticed a car backing out on the highway in her lane of traffic. Jan immediately hit her brakes and began sliding sideways in the road.
As a result, the driver’s side of her car impacted the front of the other car, which caused Jan to be jolted sideways in her seat. As her body jolted, Jan’s head busted out the driver’s side window. She immediately started having seizures. An ambulance was called and Jan was taken to the hospital.
The lady who backed out in front Jan did have insurance, but the insurance company offered only a $10,000 settlement. Just when it seemed that Jan would not be properly compensated for her injuries, medical expenses and damaged car, she decided to call Haymond Law Firm. After reviewing the medical reports The Haymond Law Firm advised our client to seek the help of a neurologist. The neurologist was able to determine the exact problem and after some time the injuries subsided. Haymond Law Firm was able to use a wide variety of resources to assess the details of the case, and in the end, after the case was taken to trial.
Being involved in a car accident is always scary. And, oftentimes, when proper compensation is not offered from the beginning, this makes the incident seem scarier than it is. If you or someone you know has been involved in a car accident, call Haymond Law Firm today. From loss of wages to pain and suffering to property damage, there are many forms of compensation that may be owed to you. Even if a police report says that you were at fault, we can examine your case to determine what happened.
Case 16: Car accident injuries result in chronic headaches
Miguel Sanchez, a 32-year-old man in an excellent physical condition, was stopped at an intersection waiting to make a left-hand turn. Mary Paulson drove her car off the road and crashed directly into the front of Sanchez’s vehicle. Paulson tried to drive away until she was stopped by Sanchez who chased after her car yelling for her to stop. The Haymond Law Firm found a witness who supported Sanchez’s version of events.
Sanchez was treated for injuries to his neck, shoulder, and mid-back, resulting in shooting pain and numbness in his left hand and headaches.
The firm filed suit against Paulson’s insurance carrier and agreed on High-Low Arbitration. Mr. Sanchez was awarded the maximum allowed under the arbitration.
Case 17: Drunk driver smashes into the minivan
Sidney and Trudy were driving home late at night with their kids in the back seat. It was raining and they were just trying to get home to put their kids to bed. A few blocks from their turn, they stopped at a red light and were three cars back in line. After it turned green, they followed the other cars into the intersection when they were suddenly struck by a black sedan.
The sedan struck their van near the left rear tire and sent their van spinning into the path of another car. The kids and Trudy were largely unhurt, but Sidney was badly injured from the impact of the second car. The driver of the black sedan jumped out and began sprinting away, but an Army veteran who saw the crash quickly tackled him and managed to hold him for police. When police arrived, they determined that the driver’s blood alcohol content was over three times the legal limit.
While Sidney was in the hospital, Trudy contacted our firm. Things didn’t look good for Sidney and she wasn’t sure how the family could pay his medical bills or make up for the income they were losing. Sidney was released from the hospital 30 days later., but their business had lost many customers and was near bankruptcy. The Haymond Law Firm file suit against the drunk driver, who had turned out to be an investment banker. Just before jury selection the attorney for the insurance company of the investment banker agreed to settle the claim and admitted his client’s conduct in driving drunk was the cause of the accident.
Case 18: Minor impact with major injury
On a winter night, Mr. John MacKenzie was stopped at a traffic light when he was struck from the rear. The impact was minor and his car was driveable.
However, after a few days, a burning pain developed in his neck. After several tests, Mr. MacKenzie’s orthopedic surgeon diagnosed a herniated disc and recommended surgery.
Immediately after surgery, the Haymond Law Firm demanded payment of the entire insurance policy of $100,000. Initially, the insurance company doubted that such a minor impact could cause such a major injury.
Our Attorney was relentless in his efforts on behalf of Mr. MacKenzie. By September 1997, the insurance company gave in and paid the full policy.
Case 19: Minor traffic injuries lead to lost wages and financial problems
Ron DeMarco, his wife Judy and their three children were on their way home when they were involved in a head-on collision. The driver of the other car had been drinking and was clearly at fault.
Ron and Judy sustained injuries, but luckily the children were not hurt. Although the DeMarco’s medical bills were relatively small, for many families any loss of earnings combined with unexpected expenses these days can be devastating.
Ron and Judy asked the Haymond Law Firm to help.
An Attorney was able to prove that because of his injuries, Ron did not get a pay raise and incentive bonus from his employer. He further demonstrated that Ron had to completely abandon a side business that he had started to bring in some extra income for his family.
Through mediation, our firm obtained a settlement or the DeMarcos. “That money kept our family’s heads above water through some very hard times”, Ron said. “I don’t know what we would have done without your assistance”, he added.
“We’re glad we could help”, remarked the Attorney. “I’ve won larger money settlements for clients, but few have felt more rewarding. Helping families get through tough situations is very important to everyone here at our firm.”
Case 20: No Surgery, Still got a $110,000 Settlement
Tina Jensen was driving & all of a sudden she was hit head-on. It was a violent front-end collision and Tina was thrown into the exploding airbag.
For the injuries to her neck and back, her doctor sent her to physical therapy and Tina attended 32 sessions but her pain remained. After hearing about her situation, Haymond Law paralegal extraordinaire, Julie Moquete sprung into action and assisted Ms. Jensen in securing a consult with an orthopedic surgeon who sent her for an MRI of the shoulder.
Although the surgeon and Ms. Jensen never agreed that the condition was surgical, the Haymond Law Firm was able to get the full $200,000 policy from the wrongdoer’s insurance company!
Case 21: The Straw that Broke the Camel’s Back
When Abel Cook got “left-turned”, his car was still drivable and he had only minor complaints of lower left back pain. Gradually his left hip began to ache.
X-rays of his hip showed extensive pre-existing arthritis of the left hip. 18 months post-accident Mr. Cook had a complete hip replacement. The defense aggressively stated the hip injury was not related to the accident.
The Haymond Law Firm went to work arguing that the hip replacement was related to this accident. It was the straw that broke the camel’s back. In the end, the claim was settled for $280,000 and Mr. Cook retired from his job. Additionally, Attorney D’Antonio at The Haymond Law Firm, upon reviewing the claimed ERISA lien from Mr. Cook’s employer, challenged the legitimacy of the self-funded health plan’s entitlement to reimbursement. Attorney D’Antonio concluded the legal language of the plan was technically deficient so Mr. Cook was able to take home an additional $30,000.