Articles Posted in Settlements & Verdicts

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For the second time in the past week the personal injury lawyers at Abels & Annes have settled an uninsured motorist claim for one of their clients. This time for a North Side woman who was injured at the top of Lake Shore Drive.

The crash took place on March 22, 2013 at approximately 9:00 a.m. There was plenty of light, the road was straight and flat and visibility was good.

Our client was driving eastbound in the far right lane of Hollywood where Hollywood becomes Lake Shore Drive. The defendant, an uninsured driver was traveling southbound on Sheridan Rd. and attempted to make a left turn onto Hollywood/Lake Shore Drive.

The uninsured driver drove through orange cones marking the lanes in the roadway and struck the vehicle next to the plaintiff in the left lane of eastbound Hollywood/Lake Shore Drive. The force of this impact pushed that vehicle into her vehicle. The force of this car crash pushed her vehicle off of the roadway onto the sidewalk area.

The impact of the uninsured motorist’s vehicle was heavy and caused the plaintiff’s vehicle to be pushed off of the roadway. She had immediate complaints of neck pain, back pain and left arm and shoulder pain and tingling. An ambulance was called and she was transported to Weiss Memorial Hospital.

 

 

At Weiss Memorial Hospital’s Emergency Department a history was taken, she was examined and diagnostic tests were performed. She complained of neck pain, back pain and left arm and shoulder pain and tingling. A cervical CT showed a disk injury at C6-7 and a suggestion of muscle spasm with evident straightening of the normal lordotic curve. Pain medication was prescribed and Susie was instructed to seek follow up medical treatment.

Over the next few days our client’s pain and discomfort worsened. She sought follow up treatment at Swedish Covenant Hospital’s Emergency Department with complaints of back pain and severe neck pain causing headaches and vomiting. Again, a history was taken, she was examined and diagnostic tests were performed. She was prescribed pain medication, muscles relaxants and instructed to seek follow up medical care.
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I’ve said it before and I’m saying it again. It is more important than ever to protect yourself with a good auto insurance policy with uninsured motorist coverage before you hit the roads in Chicago. This is due to the fact in part that so many drivers are driving without insurance. The attorneys at Abels & Annes handle UM claims on a regular basis.A perfect example is the case below, where our client was hit by negligent driver who had no insurance. The plaintiff luckily had an auto insurance policy with protection if he was ever injured by an uninsured driver, and due to this fact we were able to obtain a $50,000 settlement on his behalf.

This claim arises out of an automobile collision which took place on January 9, 2012 at approximately 9:48 p.m. Our client was driving southbound on Harlem Avenue in North Riverside, Illinois. He was stopped at a red light at the intersection of Harlem Avenue and 25th Street. The uninsured driver was also traveling southbound on Harlem Avenue when she failed to stop as she approached 25th Street, and struck the rear-end of the plaintiff’s vehicle with significant force. As a result of being struck by the uninsured driver, his head flipped forward and hit the steering wheel. This also caused his head to snap backwards after impact.

After the accident, investigating police officers determined that the other driver was at fault for the accident.

Following the collision, the client immediately began experiencing pain. He hoped this pain would resolve, but when he awoke the next morning his pain was even worse. He sought treatment at Swedish Covenant Hospital’s Emergency Department.

 

 

In the emergency room, he complained of dizziness, nausea, and pain in his head, neck, back, and shoulders. A history was taken, he was examined and diagnostic tests were performed. He underwent a CT scan of his head. He was diagnosed with a concussion, and muscle strain. He was prescribed pain medication and muscle relaxants, and was instructed to seek follow up care.
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The accident lawyers at Abels & Annes, P.C. recently settled a personal injury case on behalf of a client for $125,000.

The claim arose from a bicycle collision last year with our client riding his bicycle eastbound on Diversey Parkway, near the right side of the road as governed by local law. A driver in an oncoming vehicle attempted to make a left turn into a parking lot but failed to look for eastbound traffic before doing so, pulling in front of our client’s lane of travel and causing our client to collide with the front end of the vehicle, get thrown onto the hood and then landing on the ground.

The police were called to the scene of the crash where our client reported shoulder pain. He was taken by ambulance to an area hospital where x-rays were performed and showed a displaced clavicle fracture in our client’s shoulder area. He was placed in a brace and instructed to seek follow up medical care with an orthopedic surgeon. The surgeon recommended and our client underwent a surgical repair of his shoulder and then participated in a course of physical therapy for post-surgical rehabilitation of his shoulder.

Prior to the collision, our client was an active young man who enjoyed playing sports in addition to riding his bicycle. After his injury, he was unable to engage in strenuous physical activities for some time, limiting his ability to lead a normal life. As our client used his bicycle as a means of transportation, his injury also made traveling more of a challenge and more costly than it otherwise would have been.

Through our representation, we were able to bring a claim on behalf of our client against the at-fault driver and the driver’s insurance company for the full value of our client’s injuries, including his medical bills and wages he lost while he was unable to work. Our bicycle accident lawyers were able to negotiate a settlement that our client deserved for his loss and that was a fair payment for the damages caused by the negligent driver.
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The Chicago car accident lawyers at Abels & Annes, P.C., working with co-counsel, recently received an award on behalf of one of their clients, a young woman who was the victim of a rear-end collision. The case was heavily disputed and defended by an insurance company that only offered $3,000 in settlement of the case. A retired judge presided over a $30,000 high, $3,000 low arbitration of this matter. The judge agreed with Abels & Annes, P.C. and our client, awarding the young woman an amount greater than $30,000 for her injuries.

This case stems from a car accident on I-90 in Chicago, near the Montrose exit. Our client was in stop and go traffic and was traveling at a slow speed. The defendant was behind our client and in the same lane, also stuck in traffic, but the defendant failed to pay attention to the speed of traffic and rear-ended our client. Our client described the impact as significant while the defendant, a doctor, said the crash was minor.

Shortly after the crash, our client sought medical attention and eventually was instructed to undergo MRIs of her neck and lower back. The MRIs revealed a bulging disc which her doctor believed was caused by the collision and was causing her neck and back pain. Additionally, our client also suffered from headaches and wrist pain that negatively affected her ability to engage in activities of daily life. Our client began a program of physical therapy and chiropractic treatment to treat and manage her pain but unfortunately, she did not fully recover. Physicians recommended a course of steroid injections in our client’s neck to reduce the swelling and potentially provide some pain relief but since there was no guarantee of its effectiveness, our client chose to forego the invasive procedure and continue with conservative treatment. Her pain level eventually improved and no further treatment was necessary.

During the course of our client’s claim against the other driver, the insurance company vigorously defended the at-fault driver and never made more than a nominal offer to our client to settle. Knowing our client’s case was worth much more than what the insurance company offered, we continued to fight on her behalf and eventually obtained a fair and appropriate award that was 10 times the amount offered by the insurance company.
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The hit-and-run injury lawyers at Abels & Annes, P.C. recently reached an $80,000 settlement on behalf of our client who was injured in a crash on I-90. Our client was in the middle lane of the interstate when another vehicle attempted to enter the middle lane and struck our client. The impact was significant and was at highway speeds which resulted in our client being pushed out of her lane and to the right.

The driver who caused the accident fled the scene without checking to see if anyone was injured and without providing her contact information to the police.

After the crash, our client was shaken and upset. She was experiencing significant pain but hoped it would resolve on its own. When her pain worsened, she was forced to see her primary care physician who instructed her to go to the hospital.

At Saint Alexius Medical Center’s Emergency Department, doctors ordered an MRI of our client’s neck, which revealed broad based disc protrusions at two levels. These injuries caused our client neck pain and weakness in her arms as well as headaches. She also had lower back pain and she was instructed to follow up with a neurosurgeon for additional treatment.

Though she underwent physical therapy, our client’s neck pain continued and her neurosurgeon indicated our client may need surgery in the future. The neurosurgeon also diagnosed our client with a disc bulge in her lumbar spine. Our client has not had surgery and she hopes to avoid it though the need may become a reality in the future.

Being a victim of a car accident is never a good thing, but when an at-fault driver flees the scene, it can make things worse. Leaving the scene of an accident is a crime in Illinois and can seriously threaten the lives and health of any victim of the accident. If a driver flees an accident scene, it is never the other driver’s fault, and this is one of the reasons the law allows for a financial recovery in cases where injuries are caused by a hit-and-run driver.
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Working with co-counsel, the personal injury attorneys at Abels & Annes, P.C. recently reached a $1,475,000 settlement on behalf of a client who was severely injured at a work site. This is a third-party negligence settlement, and this amount is in addition to the over $270,000 we obtained for our client in a workers’ compensation claim. So in reality, our client received in the area of $1.745 million in total compensation. The specifics of the settlement are confidential.

As summer finally hits the city, we are reminded just how prevalent construction and work sites are in Illinois. Whether it is the demolition of an old building, remodeling of a condo complex, repair work, or even the more standard sight of road construction, building and progress mark every corner of the city. Construction and repair work are necessary jobs and vital for any city’s sustainability, but with construction unfortunately comes risk and danger. These construction sites can be home to any number of dangerous conditions. Some are open and obvious and include open pits, high scaffolding, and heavy machinery. Others may not come to mind as readily including live electricity, falling products, and injuries caused by the negligence of workers.

Work injuries can be devastating. Often fractured bones, burns, head and facial injuries, concussions, and crush injuries result after a construction accident. The injuries are just the beginning for some who are involved in an accident. Besides the injuries themselves, there are doctor’s appointments to attend, medical bills to pay, at home treatment that may be needed, and the financial stress that comes with being unable to work and make a living. When someone becomes a victim of a construction accident, his family and friends also suffer.

The physical and financial tolls that come with a job site accident can be overwhelming. The last thing a victim should worry about is how he will put food on the table for his family because he is unable to work. When an accident occurs at a construction area, the law allows for an injury victim to recover but there are time deadlines that must be followed. This is why you should consider contacting a personal injury attorney as soon as possible after an accident.
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The Chicago motorcycle attorneys at Abels & Annes, P.C. recently settled a case on behalf of a client who was injured while a passenger on a motorcycle. The settlement is for the available uninsured policy limits of $100,000.

This claim stems from a motorcycle accident last summer in Chicago. Our client was a passenger on the bike that was traveling westbound in the city. As she entered an intersection, a taxi cab heading northbound ran a red light and struck the rear tire of the bike and caused the bike to crash. Our client was thrown from the bike and landed some distance away on the pavement, sustaining serious injuries. The taxi fled the scene of the crash without stopping to see if the victim was hurt and without providing any identification information to our client or the police.

Our client was taken by ambulance to Northwestern Memorial Hospital’s Emergency Room where she complained of significant pain across her body. She had numerous cuts and abrasions that needed to be cleaned so doctors sedated our client to minimize the pain associated with this procedure. She was discharged from the hospital but her wounds did not heal as doctors intended, requiring our client to have her wounds debrided and medically treated until they eventually closed. Our client sustained some permanent scarring as a result of her injuries and endured a lot of pain. She may need future surgery to reduce the visibility of her scars but some scarring will always remain.

Our attorneys brought a claim against the uninsured motorist provisions of the motorcyclist’s insurance policy. Most drivers in Illinois have this type of coverage and it applies to accidents where an at-fault driver fled the scene. The available insurance in this matter was $100,000 and our attorneys were able to recover this full amount without having to file a lawsuit. We also represent the motorcycle driver in this case and her claim is still pending.
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The personal injury attorneys at Abels & Annes, P.C. recently reached a $200,000 settlement on behalf of one of our clients who was injured while riding her bicycle in Arlington Heights, Illinois.

Our client was riding her bicycle westbound on the sidewalk of Algonquin Road last August and she continued west near Clearbrook Drive. Our client brought her bicycle to a stop before the intersection and waited for her turn to cross safely. A female driver was operating her vehicle on Clearbrook Drive and slowed and stopped her car at the stop sign at the intersection with Algonquin. The driver was talking on a cell phone and was not using a hands-free device. Once the driver stopped, our client began to cross the intersection within a designated crosswalk as she had the right-of-way.

Unfortunately the driver was distracted and was not paying attention. The driver suddenly accelerated her car and struck our client, dragging her a short distance before stopping. When police officers arrived, the driver admitted that she never saw our client before hitting her.

Our client was transported by ambulance to Northwest Community Hospital where she complained of shoulder and leg pain. After doctors examined her, it was determined that our client had a fractured leg and a fractured shoulder. Her fractured leg required surgery to repair it and she had to undergo physical therapy after her discharge from the hospital. Fortunately she has made a great recovery.

In addition to riding her bicycle, our client enjoyed skiing, gardening, and exercising at the gym before her injury. She is beginning to return to these activities and plans to stay active now that her treatment is finished.

Personal injury attorneys at Abels & Annes, P.C. worked hard on behalf of this client and went after the at-fault driver’s insurance company for the recovery. Not only did the driver fail to see our client before the collision but she failed to yield the right-of-way and was distracted while talking on her phone. Unfortunately this driver was negligent and caused an accident that did not need to occur.
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Japanese car manufacturer Toyota Motors recently agreed to a $1.1 billion settlement in connection with alleged acceleration issues that reportedly posed a safety hazard to those driving or riding in certain vehicles built by the company. If the pending class-action settlement is approved, it would include approximately 16 million Toyota, Scion, and Lexus motor vehicles that were manufactured by the company between 1998 and 2010. The proposed settlement includes no admission of guilt on the part of Toyota and was designed only to cover economic losses related to alleged vehicle safety issues. The settlement will reportedly not have an effect on the more than 300 personal injury and wrongful death lawsuits that are now pending against Toyota.

Although Toyota has reportedly maintained that alleged acceleration issues were not related to the company’s electronic throttle control system technology, the company chose to institute a safety recall between 2009 and 2011. According to Toyota, the unexpected acceleration issues resulted from gas pedals that stuck and poorly fitting floor mats. In addition, data collected by the National Highway Traffic Safety Administration found no link between reports of unintended vehicle acceleration and the company’s electronic throttle control system. As a result of safety concerns, Toyota’s reputation for safety and reliability reportedly took a hit in 2010. During the same year, the company purportedly lost about $2 billion in earnings.

Because no clear link between Toyota’s technology and unexpected acceleration issues has yet been established, many injury litigants may face an uphill battle in court. In fact, a Texas court has already dismissed such a case due to an alleged lack of evidence. Some feel that absent a convincing technical or scientific foundation that links the unexpected acceleration issues reported to Toyota’s technology, it may be difficult to win against the auto giant. Still, Toyota reportedly settled one of the largest wrongful death cases filed against the company for $10 million.

Individuals who live in the Chicago area often spend a lot of time in their automobiles. Even under the best of circumstances, accidents are bound to occur. Motor Vehicle accidents may be caused by many factors including driver carelessness, inattention, or impairment. In addition, weather, hazardous road conditions, motor vehicle defects, and other factors can cause an unexpected crash. Even if you were partially to blame for an automobile wreck, you may be entitled to receive damages for any injuries or medical expenses that you incurred as a result of the accident. A quality Chicago car accident attorney can answer any questions you may have and help you file your personal injury case.
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For the second time in recent weeks a Chicago car accident lawyer at Abels & Annes has reached a personal injury settlement on behalf of a local resident who was injured by his or her own spouse’s negligence. When our office handles this type of case I always feel it is important to call attention to the matter. This is because when an accident is caused by a husband or a wife and his or her spouse is injured, many people believe that there is no claim to be made. This is not true.

If you are injured in an accident due to the negligence of your husband or wife, our office can present an uninsured motorist claim on your behalf. Over the last several weeks our office has recovered $35,000 in one case and $80,000 in another.

In one of the claims, we reached a $25,000 insurance policy limits settlement for a wife who was injured by her husband’s negligence in a collision. In addition to the $25,000, we were able to collect $10,000 in medical payments under the insurance policy.

The collision occurred back on January 29, 2011 at approximately 8:22 AM in Melrose Park, Illinois. Our client was injured while riding as a passenger in a vehicle driven by her husband. At the time of the accident she was seven months pregnant.

The Melrose Park Police Department responded to the scene of the accident. Investigating officers determined that the husband was at fault for the collision and issued him a traffic citation for failing to yield the right-of-way when making a left turn.

The plaintiff incurred back injuries in the accident. She was taken by ambulance to the Loyola University Medical Center emergency room. Over the next several months she had follow up treatment with a medical doctor due to back injuries sustained in the accident.

When the client initially contacted our office she had no idea that she had a potential case. Luckily for her, a friend of hers told her that she might have a claim and that she should contact an injury lawyer.

The case was handled by David Abels, a law partner at Abels & Annes.

In a very similar case, car crash attorney Gary Annes reached an $80,000 settlement on behalf of one of our clients. A husband was hurt in a March 29, 2011 accident that occurred at approximately 1:37 PM.

He was riding as a front seat passenger in the family vehicle being driven by his wife. They were proceeding northbound when his wife tried to make a left turn into a gas station. Oncoming, southbound traffic had the right of way. In turning left she failed to yield to oncoming traffic. She turned left into oncoming traffic, resulting in a collision with a southbound vehicle on the front passenger side of their vehicle, right in the area where the husband was sitting.

The plaintiff had an immediate onset of right shoulder and right arm pain following the collision. He went to a local Emergency Department for evaluation and treatment.

Upon arrival at the Emergency Department a history was taken, he was examined and diagnostic tests were performed. He complained of severe right shoulder and arm pain and had limitations in the range of motion of his shoulder. He was initially diagnosed with a right shoulder contusion, prescribed pain medication, muscle relaxants, given a sling to wear and instructed to seek follow up treatment after discharge.

An MRI in October, 2011 revealed a full thickness rotator cuff tear.

We alleged in the uninsured motorist claim that his wife failed to keep a proper lookout, failed to yield to oncoming traffic when making a left turn, and failed to exercise due care for the safety of those in the area, including her passenger.

The case settled without having to go to court or arbitration.
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