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Victim In Jail At Time Of Accident Gets Large Personal Injury Settlement


Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Our Client Is Being Transported From Jail

Our client, who was incarcerated at the time of the accident, was being transported by the correctional facility where he was residing. Suddenly and without warning, the transportation vehicle transporting all of the inmates was struck in the rear. Our client immediately felt pain in his neck and back. Because our client was incarcerated at the time of the accident, he was unable to go to a doctor to get treatment for his injuries.

Our Client Is Released From Jail

Approximately three months after the accident our client was released from jail. He and his wife called the Pembroke Pines Auto Accident Attorneys Dell and Schaefer. Our firm quickly took the case. Our client began a course of physical therapy with a local chiropractor. The chiropractor was able to determine that our client suffered from neck injuries from the accident three months prior. He sent our client for an MRI. The MRI showed multi level herniations up and down his neck and spine. Our client was then referred to an orthopedic surgeon. The orthopedic surgeon recommended that our client undergo a spinal fusion for his injuries. Due to the failure of the physical therapy to ease his uncontrollable pain, our client decided to undergo the procedure.

Dell and Schaefer Negotiate A Settlement

Immediately after the surgery our client filed a bodily injury claim against the insurance company. Our firm sought monetary damages for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. At the global settlement conference, the other 25 inmates who were involved in the accident all received offers of $3,000 or less to settle their claims. The majority of the inmates took the offer. Our firm quickly rejected the offer and terminated the negotiations at that point. We then filed a bodily injury demand letter and demanded that State Farm settle the case for the policy limits. State Farm obviously understood that the next step would have been a lawsuit, and they quickly tendered out their full bodily injury limits. In addition, our firm filed an underinsured motorist claim with our client’s underinsured motorist carrier, 21st Century. Once again we demanded the policy limits. And once again our firm was successful in recovering the underinsured bodily injury limits. Due to the confidentiality clause, our firm is unable to disclose the amount of the settlements from both State Farm and 21st Century. However, our client was absolutely thrilled that our firm was able to recover every single penny entitled to him under the law.

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