Articles Posted in Settlement / Verdict

Illinois car crash attorney David Abels has obtained a $70,000 out-of-court settlement on behalf of a Chicago area woman injured in a collision with a driver insured by Geico.

The Illinois auto accident took place on October 19, 2010, at approximately 8:00 a.m. The client was injured when the automobile she was driving was rear-ended by another motorist.

The plaintiff was driving northbound on I-294 at or near mile post 31.0, Proviso Township, Cook County, Illinois. The defendant was also driving his automobile northbound on I-294, behind our client. She came to a stop in stop-and-go traffic on I-294. The other driver failed to stop and/or reduce the speed of his vehicle and struck the plaintiff’s vehicle. The front of the at fault driver’s vehicle hit the rear of our client’s vehicle in a rear-end type of collision.

The Illinois State Police responded to the scene of the collision. After speaking to both parties, the investigation officer placed the defendant at fault for the collision. The investigating officer determined that he was distracted and exceeding safe speed for conditions at the time of the collision.

The defendant failed to stop and/or reduce his speed to avoid a collision, was driving at an excessive rate of speed, failed to pay proper attention to the road conditions, and failed to exercise due care for the safety of those in the area, including our client.

Following the collision, the plaintiff had an immediate onset of neck, back, chest, and shoulder pain.

Shortly after, she sought medical care from a physician. She complained of pain in her mid back and upper back that was worse with movement. A history was taken, a physical examination was performed and diagnostic tests were ordered. She was diagnosed with upper back strain, instructed to rest, and to have a physical therapy evaluation. Her doctor instructed her to follow up in one week.

Due to ongoing and increasing pain, our injured client returned to her physician for treatment on October 23, 2010. She complained of increased pain in her upper back as well as pain in her mid back, arms, and chest. Because of the increased pain, she was unable to obtain the physical therapy evaluation as instructed the physician. A physical examination revealed supraspinous tenderness and weakness in her arms. The doctor diagnosed her with back pain, instructed her to not lift or pull anything heavier than five pounds, and once again ordered a physical therapy evaluation. Her doctor also ordered a CT scan of her chest.

Following her physician’s recommendation, she attended physical therapy on October 27, 2010 and November 4, 2010. She complained of pain in her right hip as well as pain in her back and neck. She stated that the pain traveled from her left shoulder through the middle of her back and down to her right hip. The client described numbness in her gluteal region as well as numbness going down to her left hand. She also said she had stabbing pain that started in her back and spread to her check. She was diagnosed with neck sprain/strain, lumbar sprain, and brachial neuritis or radiculitis. During therapy, she engaged in stretching exercises as well as therapeutic exercises to decrease her pain and increase her functionality.

Our client next saw her doctor on October 28, 2010, where she continued to complain of upper and lower back pain as well as pain in her chest. An X-ray of her cervical spine was ordered, which revealed moderate decreased height of the C4-C5 disc space. The doctor instructed her not to lift, push, or pull more than five pounds and referred her to an orthopedic surgeon.

She next treated with a surgeon at the Illinois Bone and Joint Institute on November 3, 2010 for an orthopedic consultation. She complained of pain in her neck, mid back, and low back. She said the pain was sharp, severe, and constant and that it was worse with standing, walking, sitting, lying down, and climbing up stairs. The doctor took a history and preformed an examination. He also reviewed the X-rays of her cervical spine. He diagnosed her with low back pain and cervical and thoracic strain.

The client saw another physician on November 9, 2010, complaining of left arm pain and back pain. A history was taken and she was examined. Based on his assessment, the doctor diagnosed her with cervical radiculopathy and recommended an MRI.

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Chicago car crash attorneys have reached a settlement on behalf of a Cook County resident that was injured by an inattentive driver who rear-ended him as he was preparing to turn into a shopping mall parking lot. The victim suffered injuries to his neck and back.

On September 24, 2009, our client was traveling southbound on 25th Avenue in Bellwood, Illinois when he turned his right turn signal on and began to slow down to an appropriate turning speed. Before he could attempt the turn, a 1994 Chevy Lumina failed to yield to the victim and rear-ended his 2006 Honda Ridgeline. The Bellwood Police Department responded to the scene and after a brief investigation, they placed the driver of the Honda at fault.

Immediately following the collision, the victim had an onset of back and neck pain that required him to be taken to Loyola University Medical Center by ambulance. The hospital performed a series of diagnostic tests and initially diagnosed him with a cervical strain and thoracic spine pain. He was placed in an aspen collar, prescribed pain medication, and instructed to seek follow up treatment with an orthopaedic doctor.

The Illinois car crash attorneys at Abels & Annes have recently settled two cases on behalf of motorists involved in collisions. Both clients were injured and required multiple visits to healthcare professionals before their symptoms were under control.

In one case, on March 23, 2010, our client was the victim of an Illinois hit and run accident. She was traveling southbound on Oakhurst Drive in Aurora, Illinois when she came to a stop in the left turn lane. When the light changed to green, she proceeded to turn left onto New York Street when a 1999 Chevy Blazer traveling westbound disregarded their red light and T-boned the woman’s 1999 Honda Accord. The at fault driver immediately fled the scene.

The Aurora Police Department responded to the scene and began to interview witnesses who confirmed that the victim was obeying all traffic laws when the hit and run driver ran the red light and crashed into her. Police soon found the vehicle involved in the crash, but the driver had left and the registered owner could not be located. The police report described that victim as dazed and confused when they arrived, and she was transported to Rush Copley Hospital for an examination.

At the hospital, the plaintiff complained of left-sided rib pain and right knee pain. After diagnostic tests and x-rays were administered, she was diagnosed with a left rib contusion and a right knee sprain. She was prescribed pain medication and instructed to follow up with her primary care physician.

The victim sought follow up medical treatment on March 25, 2010 due to ongoing and increasing pain, especially in her left ribs. She was diagnosed with a severe left rib contusion and ordered to refrain from heavy lifting and to stay off work for several weeks. She was also instructed to seek further medical attention if the pain persisted.

After the rib pain did not subside, the woman sought additional medical treatment on April 9, 2010. An x-ray of her left ribs found non-displaced fractures of her left fourth, fifth, and sixth ribs. She was ordered to continue to refrain from heavy lifting and to stay off work until after April 26, 2010. The pain was still persistent when she visited a doctor again on May 14, 2010, and she complained that the injury was aggravated with movement, which made sleeping very difficult. Finally, on June 11, 2010, the victim reported that her condition was improving.

Her inability to work due to the injury resulted in a lose of income. In addition, the lingering pain made it difficult for her to conduct simple tasks in her daily life.

Our law firm pursued an uninsured motorist claim against our client’s own insurance carrier due to the fact that the at fault driver fled the scene of the crash. We were able to negotiate a settlement of $20,000 to compensate the plaintiff for her expenses and lost wages, as well as her pain and suffering.

In the second case we settled, a woman was driving northbound on Winfield Road in Winfield, Illinois when she stopped for a red light at the intersection with Highlake Road. Another motorist traveling in the same direction failed to stop for the red light and crashed into a car idling at the intersection, which in turn rear-ended the victim’s car. The man admitted to Winfield Police officers that he did not notice that the vehicles in front of him had stopped because he was lost at the time and not paying attention.

Following the collision, the victim had an immediate onset of pain and received initial medical treatment at the scene by Wheaton Fire Department EMTs. She later sought follow up medical treatment due to ongoing and increasing pain. She complained of left shoulder pain, chest pain, headaches, and neck pain due to whiplash. The doctor prescribed her pain medication and recommended physical therapy, which she completed 15 sessions of.

The case settled for $8,500 pre-litigation.

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A Chicago motorcycle accident lawyer at Abels & Annes was able to secure compensation for a biker’s injuries after negotiating a settlement for the full policy limits of the at-fault driver’s insurance, as well as additional payments from an under-insured motorist claim and a medical benefits claim.

On August 27, 2010, the victim was riding his Honda motorcycle northbound on Milwaukee Avenue in Chicago when he approached the intersection with Paulina Street. As he proceeded through the intersection, a man driving a 1998 Chevy Blazer southbound on Milwaukee initiated a left turn onto Paulina without adequately checking if he had a safe path to travel and T-boned the victim.

The front driver’s side of the negligent motorist’s vehicle hit the left side of the victim’s motorcycle, striking the rider’s left leg in the process. The force of the impact ejected the victim from his motorcycle, causing him to land on his back and skid 20 feet across the pavement. The Chicago Police Department arrived at the scene and ticketed the driver of the Chevy for failing to yield when making a left turn, which he was found guilty of at trial.

Illinois personal injury lawyer Gary Annes has reached a $100,000 policy limits settlement on behalf of a client who suffered painful injuries in a car accident caused by woman who had smoked marijuana and consumed alcohol prior to the incident.

On August 2, 2008, the defendant was driving northbound, at an excessive rate of speed, in the leftmost lane of IL-53 in Rolling Meadows when she lost control of her vehicle, improperly crossed over all lanes of traffic to her right and the shoulder, impacted with the metal guardrail, swerved back left, and crashed into the passenger side rear quarter panel of the plaintiff’s 2000 Subaru Forrester.

The woman admitted to paramedics that she had been drinking, and the drug screen at the emergency room was positive for marijuana, cocaine, and valium. She later admitted to smoking marijuana on two separate occasions that day, including approximately 45 minutes before the incident.

The woman had a prior DUI conviction from less than a year prior to that date, as well as other prior arrests related to drugs and alcohol. She was issued several tickets for the incident and pled guilty to failure to reduce speed to avoid a collision, improper lane usage, and driving under the influence of drugs/alcohol. The accident was investigated by the Illinois State Police.

After impact, the victim’s car began to spin out of control, causing her to hit her head on the driver’s side window, hit her left arm, elbow, shoulder, knee, and ankle against the driver’s side door, and her right knee against the center console. When the paramedics arrived, she complained of headaches and hyperventilation.

Shortly after the accident she was treated at the Glenbrook Hospital emergency room. There, the woman complained of pain in her neck, left shoulder, elbow, arm, knee, and was suffering from a headache. Tests were performed and an MRI revealed that she had multiple disc protrusions. The pain and discomfort then worsened over the next couple days. Her primary care physician recommended a course of physical therapy.

On November 10, 2008, the victim followed up with her primary care physician as she was still experiencing pain, primarily in her head and neck. She was referred to a chiropractor and underwent physical therapy treatment from then until June of 2009. Despite these treatments, the plaintiff’s condition continued to worsen, especially with regard to her knees and ankles.

Her doctor ordered MRI’s for her knees, which revealed meniscus tears in both. The doctor related both injuries to her car accident and recommended bilateral knee arthroscopies with debridement. He then performed the surgery at Weiss Memorial Hospital in July 2010, which he reported was needed as a result of the motor vehicle collision. She was prescribed a course of treatment consisting of twenty-five physical therapy sessions.

As her knee problems became more manageable, she sought treatment for the pain in her foot and ankle. Bilateral MRI’s were performed, and showed sprain or partial tear of the distal posterior tibial tendon in both feet and an avulsion injury of the synchondrosis of the naviculare in the left foot. The doctor reported that the condition was caused by the motor vehicle accident and recommended surgery for both the foot and ankle, which the woman plans to undergoe in the near future.

As a result of the injuries caused by the intoxicated driver, the victim was unable to engage in many of the activities she enjoyed prior to the collision. In addition, most activities of her daily life, such as sitting, standing, cooking, shopping, cleaning, walking stairs, and going to work, were impossible for a time, and then later caused her pain when she did attempt to accomplish them.

She hired the lawyers our law firm shortly before the two-year statute of limitations, and we immediately began working to secure the maximum compensation possible for the life-altering injuries she sustained at the hands of a negligent driver. We obtained the defendant’s insurance policy limits. And we continue to work on the case, however, as the $100,000 is not adequate to compensate the victim for all the pain and suffering she has endured. We are now seeking additional monetary damages in the form of an underinsured motorist claim against her own insurance provider.

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Illinois truck crash lawyer Gary Annes has reached a settlement on behalf of a pedestrian that was injured in April, 2010. The truck vs. pedestrian collision occurred at the intersection of Monroe and Wells Streets in Chicago.

A truck driver had been traveling westbound on Monroe Street around 7:45 AM and was making a left turn onto southbound Wells Street. Our client was walking eastbound on the sidewalk on the south side of Monroe. When the pedestrian reached the intersection she waited for a walk sign, and proceeded to cross in a marked crosswalk one she received a walk sign.

When the plaintiff had made it almost all the way across the street, the truck driver suddenly made a left turn and hit her in the crosswalk. The front end of the truck struck the pedestrian’s left side. She was fully inside the crosswalk at the time of impact. She had an immediate onset of head pain and left side pain, especially in her left hip and shoulder.

The Chicago Police Department responded to the scene of the accident. After investigating, the truck driver was issued a ticket for failing to yield the right-of-way to a pedestrian in a crosswalk.

Over the next few hours the plaintiff’s pain became worse. She was seen shortly after the accident at Gottlieb Memorial Hospital.

At the ER she complained of head pain, neck pain, left shoulder pain and left hip pain. She was examined by emergency room physicians, a history was taken and diagnostic tests were performed. She was nauseous and eye twitching to the left was also observed.

Our client was diagnosed with a concussion and multiple contusions. She was prescribed pain medication and instructed to seek follow-up treatment after discharge.

Over the next few days the plaintiff’s symptoms continued, especially her headaches, neck pain, and left hip and left lower back pain. She first followed up with her primary care physician, who recommended that she seek treatment for her hip, low back and neck at the Illinois Bone & Joint Institute (“IBJI”), and also ordered a brain MRI.

The MRI was taken on May 15, 2010. The MRI revealed hydrocephalus, an abnormal accumulation of cerebrospinal fluid. Based upon the results of the MRI, she was referred for a neurological consultation. After an initial consultation the doctor performed injections in her occipital area.

The client had her first treatment at IBJI in April, 2010. Based on our ongoing headaches, neck pain and left hip/left lower back complaints she was referred to a neurologist and for physical therapy.

After a month of physical therapy, the client returned to IBJI. Continue to experience neck pain, left hip and left low back pain. Examination at that time revealed the client was walking with a list to the left and that she had a limited range of motion in her lumbar spine. She was prescribed more physical therapy and a home exercise program.

The plaintiff again returned to IBJI after another month of therapy. She continued to suffer left him and lower left back pain and neck pain. Physical therapy was again extended.

After further therapy she had improved and was discharged from treatment.

The claim settled for $35,000 pre-litigation, saving our client the expense of a lawsuit.

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Illinois personal injury attorneys at Abels & Annes have recently settled an auto accident claim against a driver insured by Geico.

The first case arises from an accident that occurred back on May 26, 2010 at 9 AM, in the City of Chicago. Our client was driving a 1995 Mazda Protege northbound on Cottage Grove Avenue approaching 88th St. when the defendant, who was operating a 1992 Chevrolet Van southbound on Cottage Grove, attempted an illegal U-turn at the intersection of 88th and Cottage Grove. As the defendant attempted to U-turn he struck our client’s vehicle.

The Chicago Police Department came to the scene of the accident. After interviewing the drivers, the investigating officer ticketed the defendant with making the illegal U-turn.

Illinois bicycle attorneys at Abels & Annes have reached a $100,000 insurance policy limits settlement on behalf of one of their clients. This claim arises out of an automobile vs. bicycle collision which took place on May 14, 2010 at approximately 7:15 a.m.

Our client, a medical school student, had been riding his bicycle westbound on 159th St. by the right hand curb approaching its intersection with 80th Ave. The traffic light at the intersection showed a steady green light for westbound and eastbound traffic on 159th.

The defendant had been driving eastbound on 159th approaching its intersection with 80th. When the defendant reached the intersection she proceeded to make a left turn without checking to ensure that it was safe to do so. She struck the plaintiff. The front of the vehicle struck our client’s left side, knocking the bicycle rider up onto the hood and windshield and onto the pavement.

Illinois auto accident attorneys at Abels & Annes have reached a $50,000 insurance policy limits settlement on an uninsured motorist claim. The case stems from an accident that occurred on June 18, 2010 around 5 PM.

Our client was hurt when his vehicle was T-boned by a vehicle being driven by an uninsured motorist at the intersection of S. Jeffery Blvd. and 68th St. in Chicago, Illinois. Our client was traveling northbound on Jeffrey approaching 86th Street when the uninsured defendant drove his vehicle eastbound, going the wrong way on 86th Street (a one-way westbound street). Further, our client had no stop sign in the right-of-way, while traffic on 86th Street (traveling in the proper direction) had a stop sign.

As the plaintiff went through the intersection the front side of the defendant’s vehicle struck the driver’s side of our client’s car. The force of the impact caused the plaintiff’s vehicle to roll over.

A downstate Illinois car crash lawyer has received an $8 million Court of Claims award for the family of two sisters killed in a 2007 collision, according to the Chicago Tribune. It is being reported that this is possibly a record award for a tort claim against the State of Illinois.

The victims, ages 18 and 13, from Collinsville, were killed when an Illinois state trooper, allegedly driving 126 mph while using email, slammed into their car, causing it to burst into flames. The Illinois traffic accident took place on Interstate 64 near Fairview Heights.

The auto accident lawyer representing the family asked for $46 million, however the family believes that justice was done through the $8 million decision. Four million dollars was awarded for the death of each girl. The mother of the victims stated Tuesday at a press conference that she hopes this award deters negligent behavior in the future.