Our team recently settled a pedestrian accident case for $290,000 at mediation. Our client was injured in October 2018 as she was walking to work at 11:30PM on a small gravel shoulder alongside a rural road in Staunton, IL. The side-view mirror of a passing car clipped her elbow, sending her into the air. As a result from the fall, our client, who was only 22 years old when the impact occurred, ultimately suffered serious lower back injuries that led to two surgeries. The case posed numerous challenges, including that there was no damage to the car’s side-view mirror and emergency room records noted no contusion to our client’s elbow. Further, our client was walking in the same direction as traffic which, by law, is the wrong side of the road. Under Illinois’ difficult comparative fault laws, a jury verdict assigning her more than 50% fault would have meant no recovery.
The settlement, achieved shortly before trial, was over 10x the original offer. In addition to the settlement, the attorney reviewed the Wal-Mart health insurance policy contract language and determined that our client should qualify for a full waiver of Wal-Mart’s substantial health insurance lien. Our legal team diligently corresponded with the Wal-Mart subrogation agent and secured the full waiver, in addition to other significant lien reductions, thereby maximizing our client’s recovery.
If you or a loved one has been injured in a pedestrian accident, get help from the attorneys at Brown & Crouppen Law Firm. Getting started with your case is easy. Call us at 888-802-8156 for a free consultation, or tell us about your case with our free case evaluation form. And remember, there’s no upfront cost to you — if you don’t get paid, we don’t get paid.