Articles Posted in DUI

According to Market Watch, Chicago has been ranked as the number one most popular destination in the U.S. for St. Patrick’s Day. Unfortunately, risks for drunk driving car accidents in Chicago are some of the highest during this Irish holiday, too.In Chicago, we’ve got everything from the green Chicago River and parties from River West to Wrigleyville. Whatever is on your St. Patrick’s Day agenda, just make sure it’s not drinking and driving.

Our Chicago injury lawyers understand that finding alternative transportation is getting easier and easier by the day. Now we have smartphones that can help us to stay safe on St. Patrick’s Day. As a matter of fact, the Orbitz Hotels smartphone app is working with Mothers Against Drunk Driving (MADD) to make it easier than ever to snag a hotel room at a cheap price to help to avoid drunk driving accidents this St. Patrick’s Day weekend. For every iPad or iPhone download of the app over the weekend, Orbitz will donate $1 to MADD.

“Why risk getting on the road when you have such a safe and easy option right at your fingertips?” said Jeanenne Tornatore, Orbitz.com Senior Travel Editor.

Jan Withers, the National President of MADD, says that the organization encourages people to plan ahead for the big holiday. She recommends that those celebrating the holiday choose to stay home or to stay the night somewhere whenever alcohol is involved. Getting behind the wheel after consuming alcohol should never be a part of your party plans.

According to the Illinois State Police (ISP), there are hundreds of people who die every year in the state because of drinking and drugged driving. There are hundreds more that are severely injured or permanently disabled because of these needless accidents. These accidents cost millions in property damage, too. What’s worse is that these kinds of accidents are completely preventable!

Troopers with the ISP would like to remind you that they practice a Zero Tolerance Law. This not only means that they’re going to be tough on of-age drivers, but they’re also going to be targeting influenced drivers who aren’t 21 yet. This means that minors can have their driving privileges suspended even if they’re not intoxicated at the .08 level, but if their blood alcohol level (BAC) comes back anywhere between .01 and .07.

Drivers are asked not to rely on the luck of the Irish during this year’s St. Patrick’s Day celebrations. Remember to designate a sober driver before you head out and start consuming green beer, or any color beer for that matter. You should also keep an eye on your friends and family members, too. Whatever you do, make sure that neither you nor anyone else gets behind the wheel of a motor vehicle after drinking. It could wind up to be a bad decision that ends your life.
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Too often Chicago auto accident attorneys at Abels & Annes receive phone calls about collisions with DUI drivers. Sometimes those intoxicated motorists are teens.

Getting your hands on a six pack may be cool, if you’re a teenager. But the consequences of drinking and driving aren’t the least bit cool. That’s the message we need to share with the teens in our lives to help reduce the risks of drunk driving car accidents in Chicago and elsewhere.According to the Mayo Clinic, nearly $760 billion was spent on hospitalizations as a result of underage drinking incidents across the U.S. in 2008 alone. The billions were used to cover the near 36,620 underage drinkers who were admitted into a hospital for alcohol dependence, abuse, withdrawal, intoxication and other alcohol-related problems.

With Spring Break quickly approaching, the risks for these types of accidents are expected to increase drastically, especially among teenagers. As a matter of fact, the National Highway Traffic Safety Administration (NHTSA) reports that nearly 35 percent of drivers age 15- to 20-years-old who were killed in a traffic accidents in 2009 had a blood alcohol concentration (BAC) of .01 or higher, meaning that their accidents were alcohol-related. Nearly 30 percent had a BAC of .08, meaning that these underage drivers were drunk behind the wheel.

According to The Wall Street Journal, the estimate from the Mayo Clinic of nearly $760 billion spent on these underage drinkers may be a little low because not all cases of alcohol-related hospital visits are reported. This figure should also include the short hospital visits and emergency room visits that didn’t result in a hospital admission. Other times, cases were not recorded when the young patient was discharged. All in all, officials believe that this annual cost was actually much higher and underage drinking is a bigger problem than we may think.

Of the recorded 36,620 admissions, nearly 80 percent of them included acute intoxication, meaning that the underage patient was highly intoxicated when they arrived at the hospital. Nearly a quarter of all admissions involved some type of an injury, which was usually traffic accident-related. The injury cases accounted for nearly $510 million of the total.

If it isn’t apparent already, underage drinking is a problem here in Chicago and elsewhere throughout the country. According to an Illinois State Police study, about 28 percent of residents aged 12- to 20-years-old admitted that they had consumed alcohol at least once in the last month. This accounts for about 462,000 of the 1,647,000 residents of the state in this age group.

Before your teen grabs the keys and heads out at night, for the prom, to a friend’s house or anywhere else for that matter, make sure that you know where they’re going, who they’re going with and when they’ll be home. Don’t be afraid to reiterate the importance of safe and sober driving. Your talk could help to save their life.
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Federal lawmakers are mulling over whether to provide cash incentives for states that take a tougher stance against drunk drivers.

In an effort to reduce drunk driving accidents in Chicago and throughout the country, federal sponsors of the bill would offer millions of dollars to states that hand out stiff penalties to drunk drivers, even first-time offenders.

Our Chicago car accident attorneys have been following Washington D.C. news reports detailing the proposal to require first-time DUI offenders to install what is called an ignition interlock device.

These devices require the driver to blow into a breath machine, similar to those used by law enforcement during traffic stops. The person’s blood alcohol level is measured through their breath, and if the machine detects alcohol, the car ignition locks up, and the person is not able to drive.

Critics, such as the American Beverage Institute, have argued that the costs render the bill essentially a wash. Many states – Illinois included – have a program that utilizes the breath machines for people who have racked up multiple DUIs. The beverage institute argues that the expansion of the program to include all DUI offenders would cost states more than the money they would be receiving from the federal government.

Critics also say the bill is akin to bribing states that are in desperate need of money into a program that is far too restrictive.

The bill would earmark $500 million annually for grants aimed at improving highway safety. About 5 percent of that (about $25 million) would be doled out to states that accept the new, harsher DUI penalties.

Also in the bill is language that would outline specific punishments for repeat DUI offenders. The way the law is written now, judges have the right to insist a repeat DUI offender install the breath machine for a year, while allowing the offender to drive to school or work or to an alcohol treatment program. Or, the judge has the option to revoke the person’s license for a year. The new law would be very specific about the conditions under which an offender could drive.

In Illinois, a program implementing use of breath machines for repeat DUI offenders has been in place since 1994. It’s called the Breath Alcohol Ignition Interlock Device (BAIID) Program. People seeking a restrictive driver’s license after getting multiple DUIs are often required to have the device installed in their vehicle. The machine tests the driver’s blood alcohol level before the vehicle can be started, and also at various times while the person is driving.

It costs about $360, and usually must be used for about a year.

According to the advocacy group Mothers Against Drunk Driving, the average DUI offender drives drunk about 80 times before they are caught. As a result of their actions, more than 10,000 people die annually in the U.S. due to drunk driving crashes.

Suspending a person’s license often isn’t enough to deter drunk drivers. MADD additionally reported that anywhere from 50 to 75 percent of drunk drivers whose license have been suspended continue to flaunt the risk of arrest by continuing to get behind the wheel.

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Four young men are dead as a result of a Chicago drunk driving accident.

Three of the young men had reportedly been out drinking at a club that night. The fourth, was a young father, was on his way to see his fiancee.

The vehicles collided in a fiery crash, which occurred while the accused drunk driver was heading the wrong way on I-80 in Hazel Crest.

A fifth man, a backseat passenger in the car full of club-goers, remains in critical condition at a nearby hospital, according to reports from NBC Chicago.

The early morning crash forced police to shut down the highway for six long hours, re-opening just after 8 a.m.

Our Chicago drunk driving accident lawyers know that any time a life is lost in such a senseless tragedy, family members and friends never quite recover. They may carry on their daily lives and responsibilities, but they know things will never be the same. To have this grief amplified by the loss of four lives is almost unimaginable.

Mothers Against Drunk Driving, outspoken advocates on the issue of impaired driving, report that every year, nearly 11,000 people are killed because of accidents in which a driver had been drinking. That breaks down to about one every 50 minutes.

In this case, four were lost in mere seconds.

According to news reports, a 29-year-old driver, and his friends had been hanging out at a club in Harvey, and were heading home around 2:15 a.m.

Investigators say he missed his exit. Rather than getting off at the next exit to turn around, he made an illegal u-turn to head east in the westbound lanes of the highway.

That’s when his Infiniti crashed head-on into the victim’s Ford Wagon, just between Kedzie Avenue and Toll Plaza 43.

Family members of the men were blindsided by the news.

The victim’s fiancee said she tried to call him that night to warn him that fog on the road was bad that night. She didn’t want him to risk getting into an accident to come see her. But when she dialed, there was no answer.

By the time she placed that call, the first responders were just starting to arrive.

Just as panic was beginning to set in, she got a call from his mother. He was gone.

The vast scope of this tragedy makes it appear rare. However, police say this is the second alcohol-related, wrong-way driving crash in a week, and the third in the last two months.

Earlier this month, investigators said an SUV was going the wrong way on Stevenson Expressway for nearly 6 miles before it crashed near Lake Shore Drive into another car. And last month, a driver heading the wrong way almost hit a state trooper on the Kennedy Expressway. The trooper was conducting a traffic stop near Kostner Avenue when another motorists swerved around the cruiser.

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Many residents will be cracking open a cold one for the start of the big game on Sunday — Super Bowl XLVI. Unfortunately, many of these residents will continue to crack them open through the entire game and then they’ll get behind the wheel of a motor vehicle and increase the risks of a drunk driving car accident in Illinois.Officials in Kane County and elsewhere throughout the state are preparing. They recently announced that they will be practicing a “no-refusal” drunk driving enforcement crackdown all day on Sunday, according to the Chicago Tribune.

Our Chicago drunk driving car accident lawyers understand that Super Bowl Sunday is an unofficial American holiday. Unfortunately, it’s also known as one of the most dangerous times to be on our roadways. To help combat these dangers, officers will be out conducting no-refusal sobriety stops, which is supplemented by prosecutors and judges who are on call to draft and serve warrants that force those who officers believe to be intoxicated to take a Breathalyzer test or a blood sample if they refuse. The department has recruited a phlebotomist to help with the enforcement efforts to draw blood on the spot.

The warrants are used to try to speed up the booking processes on those who are suspected to be intoxicated behind the wheel. The effort is targeting repeat offenders as well, who try to avoid prosecution by refusing to offer incriminating evidence. Refusing to take a Breathalyzer test is in fact illegal, but refusing to take one can often work to a repeat offender’s advantage. With a second conviction of drunk driving, a person faces a five-year driver’s license revocation instead of just a three-year suspension for refusing to take the test.

Don’t get your hopes up. Those who refuse to cooperate after they’ve been issued a warrant can face even tougher sentences and a contempt charge.

This is the eighth no-refusal enforcement effort for Kane County. Officials felt that it was necessary to hold one of these enforcement efforts on Super Bowl Sunday because the week before is one of the biggest annual period for alcohol sales — it’s also one of the biggest time for drivers to get behind the wheel after drinking.

“We want people to have fun, to watch the Super Bowl, to rate the commercials and to enjoy the camaraderie of family and friends,” said Joseph McMahon, Kane County State’s Attorney. “But when the game is over, safety and responsibility are in order. Impaired driving is not an option.”

The National Highway Traffic Safety Administration (NHTSA) reports that about 175,000 people across the country have pledged to be a designated driver during the upcoming Super Bowl. We would like to remind residents to either pledge to stay sober or to commit yourself to a friend or family member who agrees to be your designated driver.
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According to the state’s recent statistics, the number of drunk driving car accident in Illinois has seen a significant reduction in previous years. From 2007 to 2010, the number of people arrested for drunk driving decreased by nearly 20 percent, and the number of fatalities caused by these types of accidents fell nearly 35 percent, according to the Chicago Tribune.Some believe the decrease is a result of societal shifts; others say it’s because of tougher DUI laws and the enforcement for these laws. Still, some think the decrease is the result of the economic downturn.

Our Chicago drunk driving car accident lawyers understand that the tougher penalties for drunk-driving charges contributed to the decrease in these types of arrests in the 1980s and the 1990s, according to Mothers Against Drunk Driving (MADD). In 1997, Illinois lowered its legal blood alcohol concentration (BAC) limit from 0.10 to 0.08. Still, with the holidays here, we can expect to see a significant increase in the number of these accidents. The National Safety Council (NSC) is predicting roughly 600 deaths from car accidents over the New Year’s and Christmas holiday periods.

According to the Centers for Disease Control and Prevention (CDC) the number of drivers who admit to driving while intoxicated has decreased by about 30 percent from 2006 to 2010.

Kane County has previously enacted a “no refusal” policy to help bust drunk drivers. This policy allows arresting officers to get court orders on the spot to draw blood from drivers who are suspected of drunk driving and refuse to submit a breath test.

Ever since the National Highway Traffic Safety Administration (NHTSA) released its new traffic accident statistics, the country was awarded for lower numbers of drunk driving-related fatalities for the year. According to these nationwide statistics, the number of drunk driving-related fatalities dropped by nearly 5 percent from 2009 with nearly 11,000 fatalities to less than 10,300 in 2010.

“More than 3,200 fewer people were killed last year than in the previous four years,” said Jan Withers, MADD president. “That’s 3,200 families who did not receive that terrible, life-changing call or visit from law enforcement letting them know their loved one wasn’t coming home again.”

MADD continues to reiterate the fact that drunk-driving accidents are 100 percent preventable. As the holiday season is in full swing, drivers are asked to not get behind the wheel of a motor vehicle after consuming alcohol. There are a number of options available for a person who has been drinking. They can call a family member or a friend to come pick them up, they can designate a sober driver for the night to take the intoxicated individuals home, they can use With a conscious effort, we can all do our part to continue this decreasing trend in the number of unnecessary fatalities caused by drunk driving.
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Illinois has been recognized for its efforts to combat drunk driving car accidents in Chicago and elsewhere in the state. According to the Belleville News-Democrat, Mothers Against Drunk Driving has named our state “as a national leader in the fight against drunk driving.” Jesse White, the Illinois Secretary of State says he couldn’t be more thrilled about it.The Illinois Department of Transportation reports that car accidents involving alcohol-impaired drivers have decreased by about 40 percent since White stepped into office. State records report that there were more than 700 alcohol-related accident in 1999 and fewer than 400 in 2010. Because of the decrease, Illinois has been recognized by Mothers Against Drunk Driving for the last five years.

Our Chicago drunk driving accident attorneys understand there’s not one particular way to target drunk drivers. State officials have to engage in a number of efforts and campaigns to spread the word and to crackdown on these irresponsible drivers. Mothers Against Drunk Driving uses a specific rating system to determine which states are most effective. These efforts include drunk driving campaigns, sobriety checkpoints and stricter penalties for those who drive drunk with children in the vehicle. Although these efforts seem to be helping in getting drunk drivers off of our roadways, we’re still experiencing far too many drunk driving accidents. Until we clear our streets of every single one of these accidents, there are too many occurring. Drivers are urged to be extremely cautious for intoxicated drivers throughout the remainder of 2011. The end of the year and the holiday season brings out alcohol-impaired drivers everywhere. By keeping a cautious eye on others on the roadway and being responsible behind the wheel, we can all contribute to a safer holiday season.

According to Mothers Against Drunk Driving, nearly 40 percent of roadway deaths were drunk driving-related last year. Compared to 2009 statistics, the number of drunk driving-related fatalities decreased by 10 percent in 2010. Still, these accidents cost nearly $2 million.

In the last five years, there were more than 2,000 people killed in drunk driving-related accidents. All of these fatal crashes cost nearly $11 billion.

As we approach the Thanksgiving holiday weekend and the remainder of 2011, alcohol-related accidents are expected to increase. The holidays are unfortunately a deadly time on our roadways. Mothers Against Drunk Driving reports that there were about 900 people who died from car accidents with a drunk driver from Thanksgiving to New Year’s Day in 2009.

The recent recognition comes as Mothers Against Drunk Driving celebrates the fifth year anniversary of its Campaign to Eliminate Drunk Driving. Illinois and four other states were recognized for receiving five stars for efforts to halt drunk drivers. Utah, Nebraska, Kansas and Arizona were also recognized.

These states were recognized for adopting the following preventative measures:

-License revocations.

-Harsher punishment for refusing a sobriety test while under arrest.

-Stricter penalties for driving drunk while a child in the vehicle.

-Sobriety checkpoints.

-Ignition interlock devices for drunk drivers.
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We can now say goodbye to the summer season. Unfortunately the risks of drunk driving car accidents in Chicago and elsewhere will not diminish as we head into football season and the year-end holidays. With the holiday season approaching, more and more drivers head out to local hot spots to celebrate good times with friends and family, according to KTTC.

To help reduce the risks of these drunk driving accidents, Pete McMurray, the morning show host for Chicago’s 97.9 The Loop and NBC Chicago’s “24/7” television show, uses his time on the air to raise awareness in drivers of the effects of driving while intoxicated. He uses his shows to educate his listeners about the dangers and the consequences that motorists face when sharing the roadways with an irresponsible and intoxicated drivers.Our Chicago personal injury attorneys understand that a large number of motorists are injured and killed by intoxicated drivers every year. To help combat this number, the Illinois State Police recently conducted a “Wet Lab Experiment.” As we recently discussed on our Chicago Car Accident Lawyers Blog, a wet lab experiment requires participants to consume an amount of alcohol that would place them at a legally drunk level (.08 blood alcohol concentration). They are then asked to complete a number of tasks that a normal drunk driver would if they were stopped by an officer, including a DUI arrest and Standardized Field Sobriety Tests (SFSTs). McMurray was also a part of the demonstration.

McMurray participated in a wet lab experiment live during The Pete McMurray Show on 97.9 The Loop. The experiment took place late last month.

“It is important for people to know what effect even a single drink can have on your abilities and judgment. Even at 6am when we’re starting the show and certain third shift socialites are just hitting their favorite pub,” said McMurray.

Jane Monzures, the host of “Living Healthy Chicago” of WGN, also joined McMurray for the drunk driving awareness demonstration.

According to the National Highway Traffic Safety Administration, there were more than 300 people that were killed because of traffic accidents that involved an intoxicated driver in 2009 in Illinois. Our state reports that about 50,000 people are arrested every single year for driving while intoxicated.

After the experiment, members from the Chicago, Police Department, The National Transportation Safety Administration, the Illinois Department of Transportation, the media personalities and a number of other state officials participated in a press conference to discuss the findings of the wet lab.

It’s no surprise that drinking and driving is a dangerous habit, yet far too many motorists continue to endanger innocent motorists on our roadways. With increased enforcement efforts and more conscious driving habits, we can all contribute our efforts to help make our roadways safer during the upcoming holiday season and year round.
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Many residents use the Labor Day holiday weekend to celebrate one last time before saying goodbye to summer. This is also a time when we see an increased number of drunk driving accidents in Illinois. To help combat the problem and to keep motorists safe, the Illinois Department of Transportation and law enforcement agencies across the state will be on the hunt for intoxicated drivers. To help get the word out about the dangers and the potential consequences of drunk driving, law enforcement conducted a “wet lab” demonstration. The demonstration is all a part of the state’s “Drive Sober or Get Pulled Over” campaign for the upcoming holiday. Officers will be on the lookout for all impaired drivers from now through the first week of September.

“The demonstration today illustrates how devastating alcohol impairment is on a person’s judgment, control and ability to operate a vehicle,” said Acting Transportation Secretary Ann Schneider.Our Chicago car accident attorneys understand that most residents will be using the long Labor Day weekend to get out of the house and to have some fun with friends and family. Unfortunately, what’s not factored into weekend plans are the dangers motorists who are expected to be on our roadways. To help reduce these dangers, police across the state will be enforcing traffic laws and busting motorists who fail to consider the safety of others.

Illinois State Police (ISP) Director Hiram Grau says that he just wants everyone to make it to where they’re heading safely this weekend. He warns motorists that there will be a number of areas that will be targeting speeders, distracted drivers, motorists not wearing a seat belt and those who are driving drunk. Officers are targeting these four violations because ISP says that they are the four riskiest driving behaviors. If you’re busted for violating any of these laws, you could face a number of fines and potentially wind up in jail.

During a wet lab demonstration, a person is asked to consume an amount of alcohol that would make them legal drunk. Those watching the demonstration can get a feel for exactly how alcohol affects a person’s ability to drive and their judgment. They get to see how the Standardized Field Sobriety Tests (SFSTs) work and how an arrest for Driving Under the Influence (DUI) goes down.

They also get to see what an ignition-interlock device is and how it works. Illinois was one of the first states in the country to require that first-time DUI offenders install an interlock device on their vehicle. These systems require that a driver pass a breath-alcohol test before the vehicle can be turned on. The device also requests random tests throughout a drive to ensure that it’s the driver who is interacting with the system.

In the two and a half years since the state started installing these in the vehicles of first time offenders, the number of participants has jumped from just 3,000 to approximately 12,000 annually.

Our Chicago personal injury attorneys would like to ask everyone to be safe over the holiday weekend and to avoid drinking and driving at all costs. If you spot a driver that you believe to be intoxicated, you’re urged to contact local authorities. Your phone call can help to save someone’s life.
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Illinois personal injury lawyer Gary Annes has reached a $100,000 policy limits settlement on behalf of a client who suffered painful injuries in a car accident caused by woman who had smoked marijuana and consumed alcohol prior to the incident.

On August 2, 2008, the defendant was driving northbound, at an excessive rate of speed, in the leftmost lane of IL-53 in Rolling Meadows when she lost control of her vehicle, improperly crossed over all lanes of traffic to her right and the shoulder, impacted with the metal guardrail, swerved back left, and crashed into the passenger side rear quarter panel of the plaintiff’s 2000 Subaru Forrester.

The woman admitted to paramedics that she had been drinking, and the drug screen at the emergency room was positive for marijuana, cocaine, and valium. She later admitted to smoking marijuana on two separate occasions that day, including approximately 45 minutes before the incident.

The woman had a prior DUI conviction from less than a year prior to that date, as well as other prior arrests related to drugs and alcohol. She was issued several tickets for the incident and pled guilty to failure to reduce speed to avoid a collision, improper lane usage, and driving under the influence of drugs/alcohol. The accident was investigated by the Illinois State Police.

After impact, the victim’s car began to spin out of control, causing her to hit her head on the driver’s side window, hit her left arm, elbow, shoulder, knee, and ankle against the driver’s side door, and her right knee against the center console. When the paramedics arrived, she complained of headaches and hyperventilation.

Shortly after the accident she was treated at the Glenbrook Hospital emergency room. There, the woman complained of pain in her neck, left shoulder, elbow, arm, knee, and was suffering from a headache. Tests were performed and an MRI revealed that she had multiple disc protrusions. The pain and discomfort then worsened over the next couple days. Her primary care physician recommended a course of physical therapy.

On November 10, 2008, the victim followed up with her primary care physician as she was still experiencing pain, primarily in her head and neck. She was referred to a chiropractor and underwent physical therapy treatment from then until June of 2009. Despite these treatments, the plaintiff’s condition continued to worsen, especially with regard to her knees and ankles.

Her doctor ordered MRI’s for her knees, which revealed meniscus tears in both. The doctor related both injuries to her car accident and recommended bilateral knee arthroscopies with debridement. He then performed the surgery at Weiss Memorial Hospital in July 2010, which he reported was needed as a result of the motor vehicle collision. She was prescribed a course of treatment consisting of twenty-five physical therapy sessions.

As her knee problems became more manageable, she sought treatment for the pain in her foot and ankle. Bilateral MRI’s were performed, and showed sprain or partial tear of the distal posterior tibial tendon in both feet and an avulsion injury of the synchondrosis of the naviculare in the left foot. The doctor reported that the condition was caused by the motor vehicle accident and recommended surgery for both the foot and ankle, which the woman plans to undergoe in the near future.

As a result of the injuries caused by the intoxicated driver, the victim was unable to engage in many of the activities she enjoyed prior to the collision. In addition, most activities of her daily life, such as sitting, standing, cooking, shopping, cleaning, walking stairs, and going to work, were impossible for a time, and then later caused her pain when she did attempt to accomplish them.

She hired the lawyers our law firm shortly before the two-year statute of limitations, and we immediately began working to secure the maximum compensation possible for the life-altering injuries she sustained at the hands of a negligent driver. We obtained the defendant’s insurance policy limits. And we continue to work on the case, however, as the $100,000 is not adequate to compensate the victim for all the pain and suffering she has endured. We are now seeking additional monetary damages in the form of an underinsured motorist claim against her own insurance provider.

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