Please Note: The basis for the following scenarios are taken from actual cases and may represent facts from any combination of cases. The scenarios provided are examples of the types of cases the Law Offices of Scott Warmuth handles. As always, the results for each case are different and we cannot guarentee a particular amount of award or compensation.
Accidents Involving Vehicles
1) Scenario Pedestrian/Motor Vehicle
A client is hit while waiting at a bus stop and sustains injuries including the loss of a toe. However, several complications are encountered. These include the client's illegal immigrant status, the client's lack of medical insurance, and the defendant driver's claim of a "blackout" medical condition.
Understandably, one of our client's biggest concerns is that his illegal immigrant status will derail proceedings or will even lead to his deportation. Our attorneys assure him that his immigration status will not impact this particular case and that U.S. personal injury law does cover illegal immigrants.
Once this situation is handled, we work with the client to address his medical needs. Since hospitals are required to treat emergency cases regardless of whether a patient has medical insurance, our client's initial treatments occur without question. However, as our client's follow-on treatments are not classified as emergencies, he is turned away because he lacks medical insurance. Upon being informed, we then help our client obtain the medical treatments on a lien basis.
Lastly, as a consequence of the defendant's claim that he "blacked out" while driving the car, and thus causing his car to hit our client, the defendant's insurance company initially refuses to accept our client's claim. Since blackout is a medical condition, the insurance company claims that the defendant was not negligent and that insurance did not cover damages to our client. Our office works through this by uncovering that the defendant's "blackout" condition is a pre-existing condition. By establishing this, we prove the negligence of the defendant in continuing to drive even with his medical condition. Our client obtains a substantial award at the conclusion of this case.
2) Scenario Car/Car
After stopping at a red light, our client's car is hit from behind. The opposing drive was talking on the phone and was not paying attention to road conditions. As the opposing car is a rental, we move to make sure the rental insurance will cover damages to our client's vehicle. After the initial exchange, the opposing insurance provider acknowledges clear liability. They agree to pay the cost of repairs for our client's vehicle and to afford our client the use of a rental vehicle. With liability clear, we set up an inspection of our client's vehicle. The estimated cost of repairs stands at $2,382.40, all to be paid by the opposing insurance.
While repairs to the vehicle are ongoing, our client is informed that he will require medical treatment. Our client had initially hit his head against his headrest. During the preliminary medical checks, our client complains of pain and discomfort. The physician advises our client to obtain a MRI. Results from the MRI and continuing medical problems necessitate an extended period of treatment and surgery. As the need for more medical treatment becomes apparent, our legal team works to establish a clearer relationship between the opposing driver, the opposing driver's employer (the lessee of the vehicle), and the rental company who leased out the opposing vehicle.
Once our office establishes the links between driver, employer, and rental company, our client's surgery progresses. The cost of our client's surgery is in excess of $70,000. After initial surgery, our client obtains a second MRI and continues to complain of pain in his back and in his neck. Subsequent medical examinations determine that additional surgery is needed. The total medical costs eventually are in excess of $160,000.
We confer with our client and, in order to help recover the medical expenses, our law office files a personal injury suit against the driver who caused the accident. This case is settled as the defendant agrees to pay $275,000.
3) Scenario Car/Truck
Our client is involved in an automobile accident in which she is rear-ended by a truck driver. As a consequence of the accident our client sustains credible injuries and requires transportation to a hospital. The police report concludes that the opposing driver is at fault. The opposing insurance also reports clear liability for the accident. After hearing news of the liability status, we proceed with an appraisal of our client's vehicle. The estimate reports that the vehicle is a total loss. For the total loss, the opposing insurance offers and our client accepts $2854.25.
While we assist our client in settling her property damage, recommendations from the initial medical check after the accident directs our client to obtain a MRI. We then refer our client to a facility capable of performing the MRI. From the report it becomes clear that surgery is required. The total costs of surgery reach in excess of $60,000. After discussing with both the client and members of our legal team, we decide to file suit in order to recover our client's medical expenses.
Following the filing of our case, the opposition agrees to try and resolve the case via mediation. During mediation our client is initially offered $300,000. The parties representing the defendant then increase the offer to $320,000. At our advising, our client accepts this offer.
4) Scenario Bicycle/Car
Our client is involved in a bicycle accident when she crosses at a pedestrian crossing and is struck by a vehicle. The opposing vehicle was coming out a nearby parking lot and failed to stop for our client's bicycle. From this accident, our client sustains bruising and multiple abrasions on her legs and knees. Due to these injuries and because of complications with a previous hip surgery, our client is forced to visit a doctor on a weekly basis.
With help from our law firm, our client files a claim against the driver who struck her bicycle. During this time, the opposing insurance company attempts to highlight the fact that the corresponding police report places partial blame on our client for riding a bicycle on the sidewalk against the flow of traffic. The insurance company attempts to deny liability, before proposing a settlement for 50% liability amounting to $6,045.50. This amount did not satisfy our client and us.
We persist in notifying the opposing insurance adjuster that our client will need surgery and ask for an increased policy limit. The opposing insurance does increase the limit and a final settlement of $50,000 is reached.
Slip and Fall Accidents
1) Scenario City Sidewalk
A client is injured after falling on a city sidewalk. The immediate cause of the client's fall is a tree root which deformed the paved concrete. A legal case is possible because the city is obligated to perform regular maintenance in common areas. The client eventually receives $100,000 in damages. Please note that in scenarios involving governmental entities, a case must be filed within a 6 month period from the date of injury.
2) Scenario Public Transportation
While traveling on a public bus, our client falls after the bus driver accelerates in a rapid and unsafe manner. The falls results in multiple physical injuries for our client and in a legal case. During the course of the legal process, our law office helps determine that the bus driver failed to perform necessary checks before accelerating. This case is settled for a substantial amount.
3) Scenario Warehouse
While at a warehouse, a client loads lumber onto a cart with intent on purchasing the lumber. The cart then overturns and dumps lumber onto the client. A case is made that the store failed to post loading instructions and is thus negligent in their inaction. Our client receives a justifiable amount of compensation.
