Injured Chicago Pedestrian Collects Policy Limits From Driver’s Insurance Company

Car Accident Lawyers from Abels & Annes, P.C. have recovered insurance policy limits for a Chicago pedestrian injured by a motor vehicle in a September, 2006 accident. The claim was initially denied by the insurance company until our law firm got involved earlier this year.

The car vs. pedestrian accident happened when the defendant was driving northbound on Martin Luther King Drive in Chicago, Illinois as our client was planning to cross King Dr. from the east side to the west side. There was a parking lane for northbound traffic, on the east side of the street. The plaintiff was standing in front of, and to the north of, cars parked in this parking lane. As he was standing in the parking lane waiting for traffic to clear the defendant swerved into the parking lane and struck our client.

The defendant was issued several traffic citations by the Chicago Police Department and plead guilty to failing to exercise due care and driving on a suspended or revoked license.

The plaintiff was transported by ambulance from the scene of the crash to Advocate Christ Hospital. Upon arrival at the hospital emergency room his most significant complaints were of right leg pain as well as injuries to his head, right wrist and right hand. He was diagnosed with displaced right tibia and fibula fractures. The fibula fracture was comminuted, segmental, with multiple components.

Initially a closed reduction was attempted on his leg but post reduction x-rays revealed an unstable tibia and fibula fracture and that the reduction was unsatisfactory. Therefore it was determined that an open reduction / internal fixation surgery with intramedullary nailing would be necessary.

Surgery was performed the next day. The surgery required the placement of surgical metal in our client’s leg, including an intramedullary rod and several screws.

At the time of his discharge from the hospital he was in extreme pain in his leg and was severely limited in his activities as he was non-weight bearing on his right leg. He needed a walker to ambulate. He was instructed to seek follow up treatment at the orthopedic clinic.
Following his discharge he needed assistance with almost all activities of daily living. He could not get around by himself and couldn’t engage in any activity that required him to lift or carry any objects. He eventually progressed to walking with two crutches, one crutch and then a cane. The plaintiff was also unable to drive for an extended period of time after the collision.

He underwent the recommended follow up treatment at the orthopedic clinic over the next eleven months. Throughout the course of his treatment our client continued to experience pain and discomfort in his right leg. He remained entirely non-weight bearing until mid November, at which time he began partial weight bearing. After he began weight bearing the plaintiff continued to experience pain and swelling in his leg, especially with any prolonged standing. He did not begin full weight bearing on his leg until August, 2007, eleven months after the collision.

The plaintiff continues to experience pain and limitations in his right leg through to the present time. He experiences pain on a daily basis and his ankle feels unstable. He leg bothers him anytime he puts weight on it, and is especially painful with activities such as stairs, stepping up or down curbs and anytime he has to lift or carry anything.

As a result of the injuries our client suffered due to the defendant’s negligence the plaintiff is not able to engage in many of the activities he enjoyed before being hit. He is not able to run or jog, he cannot play basketball and cannot participate in martial arts.

Medical expenses incurred by our client totaled $26,143.00. He was unable to work for 2½ months and needed to pay another person to work for him during this time frame at a cost of $7,359.00.

As a result of the injuries he suffered in the collision our client now has several permanent scars including a number of scars on his right leg above the knee, on the front of the knee and in the area of his shin and ankle. Additionally, he has permanent scar and bump on his forehead.

The amount of the settlement is confidential.

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