Abels & Annes, P.C Reach $105,000 Insurance Policy Limits Settlement

The car crash took place in May, 2015 as our client was driving northbound on Milwaukee Ave. in Libertyville, Illinois. As he approached Milwaukee Ave.’s intersection with Golf Rd. another vehicle suddenly and without warning entered the roadway from a driveway right in his path of travel. There was nothing the plaintiff could do to prevent a collision. The force of the impact caused him to hit his head on his steering wheel and for his airbags to deploy, and he sustained bodily injuries.

We alleged to the insurance company that the defendant failed to keep a proper lookout, failed to yield the right of way when entering the roadway from a private driveway in violation of 625 ILCS 5/11-906, and failed to exercise due care for the safety of those in the area.

Our client was knocked unconscious and had an immediate onset of head and back pain following the collision. Paramedics bandaged a forehead laceration and transported him by ambulance from the scene of the collision to Advocate Condell Medical Center’s Emergency Department.

Upon arrival at the Emergency Department a history was taken, he was examined and diagnostic tests were performed. He complained of head, neck and back pain. He was initially diagnosed with back pain, cervical strain, head contusion and scalp laceration. The scalp laceration was repaired with sutures, pain medication and muscle relaxants were prescribed and he was instructed to seek follow up treatment after discharge.

Due to ongoing and increasing pain the plaintiff sought follow up medical care two days later with a medical doctor. He complained of increasing neck pain and low back pain which radiated down his left leg into his foot. His injuries made it difficult and painful to stand or walk for long periods, to bend forward or carry objects. His pain was restricting his activities including showering, cooking, and cleaning. Additionally, his sleep was being interrupted by his pain. Due to the nature and extent of his injuries he was prescribed a course of physical therapy.

Despite his efforts with physical therapy he continued to suffer from significant low back and neck pain. He was referred to a pain specialist to evaluate his condition.

At the client’s first appointment with a pain specialist he complained of severe pain in his neck and low back radiating down his left leg into his foot and into his big toe. The doctor prescribed pain medication and muscle relaxants and ordered a lumbar MRI.

The MRI showed a disc bulge at L4-5. The physician performed trigger point injections into the trapezia muscles to address the cervical pain.

When the plaintiff returned a couple of weeks later he reported significant relief of about 50% of his neck pain but his low back pain with radiating symptoms continued to bother him. The doctor diagnosed him with chronic facet pain and prescribed a left-sided diagnostic medial branch block of the facets. Following these injections he experienced a 70% reduction in his low back pain for approximately 12 hours. This confirmed the doctor’s diagnosis. With this confirmation a left-sided medial branch rhizotomy was prescribed. Following this procedure our client experienced approximately 50% drop in his low back pain. He was given anti-inflammatory medication to address his ongoing pain.

From the date of the collision, throughout the course of his treatment he suffered as a result of the motorist’s negligence and the injuries affected just about every aspect of his daily life. His condition made it difficult for him to walk or stand for any extended period of time, made many activities of daily life such as lifting objects, cooking and cleaning both difficult and painful. The pain regularly interrupted his sleep.

The defendant in this case was underinsured with $50,000 Pekin Insurance policy, meaning he did not carry enough coverage to pay for the loss. Due to this fact our office pursued an underinsured claim against our client’s own insurance with MetLife Auto & Home and we were able to collect an additional $50,000 plus $5,000 in medical payments. The case settled out of Court, saving the client time and money.

If you’ve been injured in an auto accident, contact the Chicago personal injury lawyers at Abels & Annes, P.C for a free consultation. We are available 24/7 to take your call.