While Illinois injury lawyers at our office are usually able to settle most claims out of court, sometimes insurance carriers are unreasonable and lawsuits need to be filed. Here are the facts of one case that is headed to Court in Cook County.
The claim arises out of a Chicago automobile collision which took place in December, 2010. Our client was injured when the automobile he was driving was hit head-on by a 2000 Chevy Impala driven by the defendant.
The plaintiff was driving eastbound on Grand Avenue in his 2008 Ford 250 approaching its intersection with Mulligan. The defendant was driving westbound on Grand, approaching its intersection with Mulligan.
As our client was driving straight and had the right-of-way, he proceeded into the intersection at Mulligan. The Chevy driver failed to yield the right-of-way and turned left, hitting the front of the plaintiff’s vehicle with the front passenger’s side of his vehicle. The force of the impact was so great that it pushed the Ford off the road and into a parked car.
The Chicago Police Department responded to the scene of the collision. After speaking with both parties, the police determined the collision was the result of the other driver’s failure to yield the right of way. They ticketed the negligent driver.
Following the collision, our client had an immediate onset of neck, back and head pain.
Shortly after the crash he sought medical treatment from a doctor. Our client complained of pain in his back, neck and head as well as pain in his knee. A history was taken and he was examined. Upon exam, he had paraspinal tenderness that was most severe at L4-S1, left knee pain and limited range of motion in his left knee. The physician diagnosed him with bursitis, contusion, and a knee injury, prescribed him pain medication, and instructed him to follow up as needed.
Due to ongoing and increasing pain, he sought follow up medical care with another doctor on December 22, 2010. At that time, he continued to complain of neck pain, headaches, and back pain. A history was taken and he was examined, revealing tenderness to palpation over C1-7, T1-12, L1-S1 and bilateral sacroiliac joints, tenderness to palpation over the bilateral trapezius muscles and the occipital region of the head. The physician noted subluxations throughout his cervical, thoracic and lumbar spine as well as muscle spasms along the spine, severe at the cervical level. His range of motion was limited in his cervical and lumbar spine. He ordered x-rays of our client’s cervical and lumbar spine, which revealed a loss of normal cervical lordosis and pelvic and sacral unleveling.
The doctor diagnosed the plaintiff with cervical brachial syndrome, muscle spasm, lumbar facet syndrome, cervical, thoracic and lumbar segmental dysfunction, and sacroiliac dysfunction. He ordered a course of treatment to consist of neuroelectrical muscle stimulation, thermal modalities, and manual therapy to the spine, sacroiliac joints, and soft tissue areas where he experienced pain. The physician ordered the treatment to reduce spasms, normalize muscle tone, decrease pain, increase range of motion, normalize joint function and return him to his pre-injury status.
Pursuant to doctor’s orders, our client began a course of therapy on December 22, 2010. He engaged in twenty-four (24) sessions through April 25, 2011, at which time he was discharged.
Today he is still having low back pain on a regular basis, some days worse than others. His pain affects the activities of his daily life and restricts him from engaging in some activities as he did prior to the collision.
As a result of the collision, our client incurred over $6,000 in medical bills. Further, he sustained a loss of income. He was unable to work as a banquet server at a local hotel for several months due to his injuries. We will be making a claim for his lost wages.
The defendant’s insurance company did not dispute liability the accident and admit that their driver was at fault. The lawsuit is being filed because the insurance company made an unreasonably low offer to settle the case.
If if you feel you are being treated unfairly by an insurance company after being injured in an accident, call Abels and Annes for a free consultation. There is no fee unless you win your case. Call 312-475-9596, 24/7 to speak to a lawyer.
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