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Miami Gardens man settles auto accident case for $65,000


A 41-year-old Miami Gardens man was the passenger in a vehicle being driven by his cousin when a terrible accident occurred. His vehicle was traveling south-bound in the center thru-lane of University Drive in Miramar when another vehicle attempted to make a right-hand turn onto Miramar Boulevard. What makes this seemingly innocuous set of facts tragic is that the other vehicle attempted to make their right-hand turn from the far left lane of University Drive, directly in front of our client’s vehicle. Our client described the Defendant’s vehicle as one that came out of nowhere with no warning whatsoever. Because they had no reason to suspect a vehicle would be coming from that direction, our client’s cousin was traveling the speed limit, which made for a very heavy impact when the defendant attempted that right-hand turn in front of the vehicle. Our client, completely unaware that a collision would occur, was thrown around the cabin of the vehicle upon impact, causing severe injury.

Miami Gardens man taken to hospital on stretcher

Immediately following the accident, a witness called 911 and reported that a vehicle tried to make an improper turn in front of another vehicle causing the accident. Emergency medical technicians were the first to arrive on scene. They noted that our client appeared to have the most severe injuries of all people involved in the accident. They were able to remove our client from the passenger side of the vehicle and place him on a backboard. They then placed a cervical collar around his neck in order to provide support. They placed him in an ambulance and began to stabilize him as they drove to the hospital. Our client arrived at the hospital approximately eight minutes later where he was quickly provided emergency treatment in the ER. The attending physician ordered CT scans of the brain, cervical spine (neck), and shoulder. Our client was diagnosed with a nasal fracture, closed head injury and neck strain. He was discharged from the hospital and instructed to seek follow-up care.

Miami Gardens auto accident victim suffers nasal fracture

Our client immediately sought the medical attention of an ear nose and throat doctor (ENT) who evaluated his nasal injury and confirmed that he had, in fact, suffered a nasal fracture that would require corrective surgery. The ENT then referred our client to a medical doctor who would perform the nasal surgery. Less than a month later, our client was scheduled for a corrective septo-rhinoplasty to repair the nasal fracture suffered in the accident. Our client reported a positive surgical experience with minimal down-time. His nasal surgery healed properly within approximately three weeks.

Victim pursues settlement

Initially, the auto insurance company for the Defendant denied any liability, arguing that their insured had the right of way and did not cut in front of our client’s vehicle but, instead, was sideswiped by our client’s cousin. That argument was obviously inappropriate as several separate witnesses were able to recount the Defendant trying to make a right turn from the far left lane. Our attorneys were able to secure several witness statements to that effect. None of these witnesses knew one another personally and had no reason to be biased against the Defendant. After realizing this was an inappropriate stance to be taking, the insurance company admitted their driver was at fault but then decided they would argue that our client’s nose was not fractured in this accident but rather, his injury was preexisting.

Attorneys Dell and Schafer prepare for litigation

After realizing that the insurance company would stop at nothing in denying this claim, our attorneys prepared the case for a lawsuit. A complaint was drafted, along with various discovery documents, all of which would be filed in Broward County Circuit Court. After realizing that our firm was serious about filing suit, the insurance company for the Defendant began a last-minute attempt at negotiating a settlement. Their initial offer was very low and was completely unacceptable. After several days of serious negotiations, our attorneys were able to negotiate a $65,000.00 settlement on behalf of our client. This settlement amount would ensure that all of our client’s outstanding medical bills would be paid and that he would be additionally compensated for his pain and suffering and inconvenience. Our client was very pleased with this outcome and felt comfort in the fact that he would have no outstanding medical bills and would be further compensated for what he went through.

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