Case Type: Auto Negligence/Owners Liability
Facts of the Case
Our client was operating her vehicle on Brighton Road in Genoa Township, which was very slippery and icy due to the weather. She encountered vehicles having driving problems up ahead, so she pulled her vehicle off and onto the shoulder of the road until the condition cleared. Suddenly, a motor vehicle travelling too fast for conditions slid and rear and ended her vehicle.
Types of Injuries and Harm Suffered
- Torn medial meniscus of knee requiring surgery and injections
- Contracted C-diff secondary to antibiotics from knee surgery
- Neck and back pain
Other Types of Damages
- Pain and suffering
- Embarrassment related to C-diff symptoms
Legal Issues in the Case
- Was our client stopped entirely off the roadway or was part of vehicle still in the travel lane?
- Did our client lose control on the ice and slide off the roadway prior to the accident?
- Was the C-diff related to the accident or was it a pre-existing condition?
- What were the injuries and damages caused by the accident?
- How much compensation should be paid in a settlement?
What We Did To Win The Settlement
Our auto accident lawyers filed a lawsuit in Livingston County Circuit Court. We took depositions of the at fault driver and police officer and also of the owner of the at fault vehicle to establish that the driver was using it with his consent so we could seek damages from the owner of the vehicle as well. Their testimony presented a genuine issue as to whether our client's vehicle was entirely off the roadway at the time of the accident and whether our client herself had lost control of her vehicle on the ice immediately prior to the accident.
Given the issues, a case evaluation panel valued the case at $15,000. We went forward with further discovery in the case and after two sessions with a mutually agreed upon facilitator, we negotiated a settlement of $30,000 for our client. Also, the insurance company agreed to pay our clients share of all facilitation fees as part of the settlement.
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