VERDICTS AND SETTLEMENTS
Triggering Uninsured Motorist Coverage
Caselaw on an issue of first impression in Connecticut, holding that a UM carrier’s policy requirement of reporting a hit and run accident to the police within 24 hours is not authorized by statute or under the corresponding regulations, and acted in this case to bar the broad and standard uninsured benefits intended to benefit the insured and mandated by law. Decision denied the defendant’s Motion for Summary Judgment.
Importance of Investigation
Settlement of a highly disputed liability motor vehicle collision case immediately after producing 911 recording obtained via FOIA request wherein defendant admitted the sun was in his eyes and he could not see.
$653,000 Workers’ Compensation Settlement
39 year old Truck driver unloading steel pipe from flatbed trailer struck on back of head by 60 lb steel bar diagnosed with postconcussive symptoms. Claimant was left with permanent migraine headaches, vertigo and visual problems. In addition to medical treatment for his injuries, claimant was sent for Vocational Evaluation which concluded that he was unemployable given his injuries and would not likely be able to be retrained and return to the workforce.
$105,000 Car Crash Settlement
70 year old woman struck when pickup truck made a left turn across traffic into a convenience store. Aggravation of prior neck and back problems.
$102,000 Settlement – Fall on Ice
Client fell on ice in parking lot of Big Box Store sustaining displaced comminuted fracture of wrist that required open reduction and fixation. After conservative medical treatment and therapy client also received multiple corticosteroid injections. Settlement was reached after filing of suit against Landscape company for failure to properly clean, sand/salt.
$100,000 Settlement – Car Crash
Client was a passenger struck by tortfeasor at high speed. She sustained a 2 inch laceration with stitches to her forehead, as well as neck and back injuries. A scar revision evaluation was done by a plastic surgeon. The liability carrier paid out the policy limits of $25,000 and then we obtained an additional $75,000 from the Underinsured motorist coverage, exhausting all available insurance.
$328,000 Workers’ Compensation Settlement
Hotel Worker injured in fall sustaining knee injury that ultimately required Total Knee Replacement. Claim of subsequent injury to other knee as a result of altered gait and need for further treatment for both knees as a result of the original work injury.
$33,000 Car Crash Settlement
Client involved in rear-end motor vehicle collision diagnosed with postconcussive symptoms as well as neck and back injuries. Following treatment headaches and postconcussive symptoms cleared. She was left with increased neck and back pain that had been made worse in this collision.
$250,000 Car Crash Settlement
Minor client (High School Basketball Player) injured while riding as a passenger in Coach’s vehicle following a game. Heavy impact and vehicle damage. The minor sustained a closed head injury and was placed in a medically induced coma for a week following the collision. Despite serious injuries, the minor had a near complete recovery and was able to return to competitive basketball. Liability policy of $20,000 was tendered and Underinsured policy limits tendered resulting in a total settlement of $250,000.
$6,750,000 Settlement at Mediation prior to Trial
Our client, the plaintiff, a 35 year old female, was injured when her vehicle was struck by a vehicle owned by a car dealership. Our client, a married mother of three children, was a passenger in a vehicle that was struck by the defendant’s vehicle which was traveling in the same direction and swerved into the plaintiff’s vehicle and forcing it to lose control, striking a guardrail and rolling over. The plaintiff was taken by helicopter to Hartford Hospital where she underwent a craniotomy for a head injury and emergency treatment for multiple leg and ankle fractures. The plaintiff sustained a traumatic brain injury with cognitive deficits and left-sided paralysis. At the time of settlement the plaintiff was living at a rehabilitation facility and plans were made for purchase of a home to be renovated for her to live with her family and have full time assistance
Workers’ Compensation Settlement – Settlement: $900,000
Our Client, a 55 year old male, was injured at work when a rack collapsed and he was struck by a 600lb spool of wire, causing him to sustain a traumatic brain injury, neck injury and a 4″ laceration on his forehead. He was rushed to the hospital where he was diagnosed with cervical cord syndrome with partial paralysis. He was treated with steroids to reduce swelling which triggered a diabetic reaction. He suffered from permanent weakness in his arms and legs and difficulty walking, memory loss and cognitive deficits, as well as PTSD, depression, diabetes and impotence as a direct result of his injury. Following Neuropsychological and vocational testing, the claimant was determined to be permanently and totally disabled. A full and final settlement in the amount of $900,000.00 was ultimately negotiated by Attorney Eric Polinsky.
WORKERS’ COMPENSATION SETTLEMENT – $500,000.00
Crush Injury to the Right Leg – Open Comminuted Fracture
Claimant sustained a severe crush injury to his right leg with an open comminuted fracture of the tibia while operating heavy equipment in a concrete factory. Emergency surgery was required including debridement and external fixation. Over the months following his injury he underwent multiple hospitalizations and surgery involving a soleus muscle flap and revision of the external fixator. He ultimately had an internal plate placed in the leg, as well as iliac crest bone grafting. Complications with persistent drainage led to development of a deep venous thrombosis and pulmonary embolism. Claimant was eventually assigned a high disability rating to the lower extremity including nerve and vascular damage. Attorney Eric Polinsky negotiated a settlement of $500,000.00 in full and final stipulation.
MOTOR VEHICLE VS. TRUCK ACCIDENT SETTLEMENT – $245,000.00
Traumatic Brain Injury; Post Traumatic Stress Disorder; Emotional and Cognitive Difficulties
Attorney Jeffrey Polinsky represented a 33 year old married male whose vehicle was rear-ended by a Freight Truck on I-84 while stopped in heavy traffic. Plaintiff’s vehicle had heavy damage and was totaled. Plaintiff sustained blunt trauma to the head with a cut to his scalp that required stitches. After the accident Plaintiff had chronic headaches and dizziness that made keeping his balance difficult. He suffered from memory loss, personality change, mood swings and cognitive problems as well as post traumatic stress disorder. After a Court Pre Trial, the parties agreed to mediation, where the case settled for $245,000.00.
MOTOR VEHICLE ACCIDENT SETTLEMENT – $249,000.00
Cervical Discectomy and Fusion; Headaches
Our client was rear-ended while working. He had immediate neck pain with radiating numbness into his hands and arms and was diagnosed with a herniated disc in the neck. After conservative therapy failed to resolve his symptoms, a discectomy and two level fusion were performed. Medical bills, lost wages and other benefits were paid by the workers’ compensation insurer. The claimant was eventually rated as having a significant permanent disability. Lost wage and medical benefits were provided by the Workers’ Compensation insurer and were reimbursed pursuant to statute out of the liability settlement.
During the course of litigation, settlement was reached for $249,000.00 by Eric A. Polinsky.
MOTOR VEHICLE ACCIDENT VERDICT: $127,579.27
Trial verdict of $111,734.41 plus interest of $15,844.86 in contested liability motor vehicle accident. Our client was injured when the defendant failed to stop for a stop sign and slammed into his vehicle in the middle of the intersection, causing heavy damage and totaling his car. Our client had the right of way. He was taken by ambulance to Hartford Hospital with complaints of low back pain with tingling into his left leg and right shoulder pain. He was referred for treatment with and orthopedic surgeon followed by physical therapy. Following conservative treatment, he was given a permanent disability to his back by the orthopedic surgeon. Our client was a college student and did not have health insurance at the time of the collision. Prior to trial, the liability insurer, Liberty Mutual Insurance, had offered only $14,000 to settle the claim.
SETTLEMENT AT MEDIATION – $550,000
Settlement at mediation of $550,000 in case where our client, a home health aide, was pushed down stairs by an elderly dementia patient that she was caring for. Our client worked for an agency and was hired by the family to care for an elderly woman in her home. One day when the Aide was bringing breakfast upstairs to feed the patient, the patient met the Aide at the top of the stairs and pushed her backwards, causing her to fall down to the bottom of the staircase. As a result of the fall, our client sustained serious back injuries which eventually required lumbar discectomy and fusion. Lost wage and medical benefits were provided by the Workers’ Compensation insurer and were reimbursed pursuant to statute out of the liability settlement.
ARBITRATION AWARD – $140,000
Client, a 51 year old woman, was injured in a motor vehicle collision while working. At the time of the collision she was accompanying a client to a medical appointment when the collision occurred. She suffered serious and permanent injuries to her low back requiring injections and medial branch nerve blocks. Lost wage and medical benefits were provided by the Workers’ Compensation insurer and were reimbursed pursuant to statute out of the liability settlement. During the course of litigation, the parties agreed to Arbitrate the claim. Attorney Cassandra Dulepski represented the client through Arbitration.
MOTOR VEHICLE ACCIDENT SETTLEMENT – $106,500 SETTLEMENT
Attorney Cassandra Dulepski represented the Client, a 45 year old man, who was injured in a rear end motor vehicle accident. He sustained serious and permanent injuries to his low back.