INSURANCE COMPANY OFFERS $750, WE SETTLE FOR $50,000

I was representing a client in two worker’s compensation claims against the same employer, one involving her right shoulder and the other involving her low back.  The employer-insurer provided treatment and it was determined that no surgery was necessary and the client was released to return to work at full duty at her regular job.

On her first morning back to work after being released by the worker’s compensation doctor, while attempting to make a left turn into the plant where she was employed, she was struck from the rear by another vehicle, and she alleged that she re-injured her low back.  Since she was not yet on the job, worker’s compensation would not cover her injury, and therefore, she looked to the driver of the vehicle that struck her from behind for compensation for her injuries.  My client received a letter from the claims adjuster for State Farm Insurance Company, which insured the vehicle that struck her, which stated as follows: “Based on the documentation you have provided, we have extended an offer of settlement of $750.00.”  Attached to the offer was a copy of a photograph of the rear of plaintiff’s vehicle taken by State Farm which basically showed no damage at all to my client’s vehicle.  State Farm took the position that this was a low speed, low impact collision with little or no damage to the client’s vehicle.  The letter also pointed out that since the client had just been released from treatment for her low back injury, it was State Farm’s position that no new injury had occurred.

I agreed to represent my worker’s compensation client in her claim against the other driver and immediately filed a lawsuit in the Circuit Court of St. Louis County, where the accident occurred.  I alleged in my lawsuit that the MRI of my client’s low back taken before the accident showed a bulging disc at the L4-5 level from the work-related injury and an MRI of my client’s low back taken after the accident showed that the low speed, low impact collision caused the bulging disc to progress into a herniated disc.  The insurance company’s expert witness orthopedic surgeon opined that the MRI performed before the accident and the MRI performed after the accident were exactly the same and showed no new injury and that the rear-end collision caused my client to sustain only a minor strain, which should have cleared up within about six weeks.  All of the doctors agreed that the plaintiff was not a candidate for low back surgery because the disc was not causing any impingement on a nerve root.

After depositions of the doctors were taken and as the trial date was approaching, the case, which originated with a $750.00 offer from State Farm, was ultimately settled for my client for the amount of $50,000.00, which was the policy limits of State Farm’s insured driver.  In addition, I obtained additional settlements in my client’s two worker’s compensation claims totaling $28,626.00, for a total recovery in all of her claims in the amount of $78,626.00.

If you have been injured in a workers compensation or other accident and would like to speak with an experienced attorney, please call Thomas Gregory at Mogab & Hughes Attorneys at 314-241-4477.

Experienced Personal Injury Attorney in St. Louis – Recent Cases

I recently resolved a personal injury case for $530,000.  The case involved injury to our client which was caused by his co-employees who were working on a construction site and caused a 25 pound piece of concrete to fall striking our client on his back.  Our client suffered a back fracture which required a brace and also due to his injuries, missed approximately one year of work.  The lawsuit was filed in St. Louis City Circuit Court and the Defendant’s made no offer on the case until I defeated the Defendant’s Motion for Summary Judgment.  In their Motion, the Defendant’s asked the Circuit Court Judge to throw the case out of court arguing that his co-employees did not have any duty or responsibility to our client, therefore, our client should not be permitted to move forward with this case.  After defeating the Motion for Summary Judgment and approximately one month before trial, Mr. Hughes was able to settle the case for $530,000.

Also, recently I filed suit in the Federal Court in Missouri alleging that one of our clients suffered significant life altering permanent injuries as a result of a job site accident that involved the use of a scissors lift which tipped over while my client was in the course and scope of his employment.  We alleged in the complaint that the scissors lift was a defective product and as a result of said defective condition, our client suffered severe head and body injuries.

I also filed suit recently, in the Federal Court of Missouri due to a tractor trailer accident which led to the death of our client’s husband. Our client’s husband had been in the sleeper compartment of a tractor trailer when the operator of the tractor trailer drove it off the road, colliding with another tractor trailer and numerous other tractor trailers. As a result, my client’s husband suffered severe critical injuries and after struggling to hold onto his life, he died within hours of the collision.

I also recently filed a suit in St. Louis County Circuit Court after one of my clients was injured while working on a deck approximately 12-15 feet in the air when he suddenly and unexpectedly fell through the deck, landing on his spine.  As a result of the fall, my client suffered fractures to his spine which resulted paraplegia and significant past and future medical expenses for our clients ongoing medical needs.

If you have been injured in an accident and would like to speak with an experienced attorney, please call David Hughes at Mogab & Hughes Attorneys at 314-241-4477.

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