Case Type: Third-Party Automobile Negligence
Facts of the Case
On September 30, 2015, Plaintiff was driving westbound on Cement City Road in Columbia Township, Michigan, when Defendant, who was driving her father’s vehicle southbound on Turk Road, negligently failed to yield the right of way to Plaintiff’s vehicle, striking it head-on. Plaintiff sustained significant injuries in the collision, including an avulsion fracture of the right fibula, a split thickness tear of the right peronus longus tendon, and full tears of the right calcaneofibular and right anterior talofibular ligaments. Plaintiff had to undergo surgical reconstruction of the torn ligaments and tendon, as well as surgical removal of the fracture fragments. Nearly 17 months post-collision, Plaintiff continues to experience right ankle pain, instability and reduced range of motion.
Types of Injuries and Harm Suffered
- An avulsion fracture of the right fibula
- A split thickness tear of the right peronus longus tendon
- Full tears of the right calcaneofibular and right anterior talofibular ligaments
Other Types of Damages
- Pain and suffering
Legal Issues in the Case
- Comparative negligence of Plaintiff
- Causation – initial right ankle X-ray findings at the Emergency Room from the date of the collision were negative for any acute processes.
- Extent of damages – Plaintiff continued to work multiple, physical jobs (as a lunch room attendant at an elementary school and as a waitress) post-collision, and took very little time off of work.
What We Did To Win The Settlement
I obtained Plaintiff's relevant medical records, as well as police records from the subject collision. I compiled a demand package which I sent to the claims adjuster for the negligent vehicle driver and negligent vehicle owner’s insurance carrier. I then negotiated a settlement with the claims adjuster for 90% of the Defendant’s policy limits.
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