Abels & Annes

Chicago Injury Lawyers file lawsuit against State Farm driver

After failed attempts to reach a settlement, car accident lawyers at Abels & Annes have filed a lawsuit against a driver who is insured by State Farm. The claim arises out of an automobile vs. motor scooter collision which took place on June 25, 2008.

Our client was riding his motorized scooter westbound on Lawrence Ave. in Chicago, Illinois. The car in front of him had stopped to make a left turn and then came to a stop behind the car stopped in front of him.

The defendant was driving her Buick Century westbound on Lawrence Ave. She failed to stop for stopped traffic and struck the plaintiff. The front end of her vehicle hit the rear of the scooter. The force of the impact threw our client off the scooter and injured him. He landed on the pavement on his back.

The lawsuit alleges the defendant failed to keep a proper lookout, failed to stop for stopped traffic, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including the Plaintiff.

Following the collision the plaintiff had an immediate onset of head, neck, back and left foot pain. That night his condition worsened and he was unable to sleep.

Due to his worsening symptoms our client sought medical treatment the next day at an Urgent Care Center. He complained mostly of head and back pain. A history was taken, he was examined and diagnostic tests were performed.

Over the next week the pain worsened. On July 3, 2008 he sought further follow up treatment from a board certified neurologist. His most prominent complaint was of low back pain. His low back pain was also radiating down both of his legs. The doctor ordered an MRI and prescribed a course of physical therapy. The doctor noted that in addition to the pain down the plaintiff’s legs he was also experiencing both tingling and paresthesias.

The plaintiff underwent the prescribed course of physical therapy. Even after he completed therapy he continued to suffer low back pain radiating into his legs. Due to the persistent nature of his pain the doctor referred him to a pain clinic for possible trigger point injections and continued therapy.

He was seen by a physician pain specialist. The doctor determined that our client was a candidate for injections. On September 11, 2008 he underwent bilateral L3-4, L4-5 and L5-S1 intraarticular facet joint injections; and on November 2, 2008 he underwent bilateral L2, L3, L4 and L5 medial branch nerve blocks.

Following the injections and additional therapy our client was somewhat improved, and it was determined that he had reached maximum medical improvement and was discharged.

Medical expenses incurred by the plaintiff for treatment of the injuries he suffered as a result of the negligence of the defendant totaled $43,070.00.

Despite the treatment he has undergone, he continued to suffer from pain and discomfort in his lower back. This pain has greatly affected his life. As a result of his injuries he is unable to engage in many activities he enjoyed prior to the collision, and those activities he can engage in cause him pain and he cannot participate as he did prior to the collision.

His pain is aggravated by prolonged sitting or standing. Any activities that involves turning, twisting, or bending at the waist area are difficult and painful. Although he used to enjoy playing basket ball with friends, he is no longer able to do so. Furthermore simple activities such as household chores, shopping and a wide variety of activities of daily living are limited and painful.

At the time he was injured he worked in retail sales. He was taken off work right after accident due to his injuries. When he was released to work light duty there was no work available to him that fit within his restrictions and he was unable to work. He was not released to return to work full duty until December 5, 2008. Our client lost $13,176.00 in wages due to the accident.

The case was filed in the Law Division of the Circuit Court of Cook County.

If you have been injured in a Chicago area motor vehicle accident, contact Abels & Annes for a free consultation.