GWC Injury Lawyers partner Michael D. Fisher recently obtained a $490,000.00 settlement for an injured truck driver who was struck by an 800-pound crate. He also negotiated the waiver of a $197,658.00 workers’ compensation lien for his client, raising the effective economic value of the settlement to $687,658.00.
An Injured Truck Driver
At the time of this incident, Mr. Fisher’s client was working as an over-the-road truck driver. Shortly before the incident, she had picked up a trailer containing large items of various freight from a shipping company’s facility in Sacramento, CA. The shipping company’s employees had loaded the trailer prior to the truck driver’s arrival. The cargo included an 800-pound wooden crate.
The truck driver then drove the trailer over 2,000 miles to the shipping company’s facility in LaSalle, IL. On December 8, 2010, when the truck driver opened the rear door of the trailer at the end of the trip, the crate fell out and struck her.
As a result of the falling crate, the truck driver suffered multiple fractures and other severe injuries. These injuries included a fracture of the scapula of the right shoulder, a torn right rotator cuff, damage to the right axillary nerve, and multiple broken toes on the right foot.
The injured truck driver required extensive medical treatment. Because she was unable to work while she was recovering, she lost more than $102,000.00 in wages.
An Unsecured Crate
Mr. Fisher filed a lawsuit on the truck driver’s behalf against the shipping company, alleging that his client was injured because the company’s employees failed to secure the crate properly.
“They loaded this large and heavy crate near the roof of the trailer, closest to the trailer door, and they did not secure the crate in place,” Mr. Fisher explained. “Because it was not secured, when my client opened the trailer at the end of the trip, the crate fell on her. That company’s negligence injured my client.”
$490,000.00 Settlement with Waived Lien
Based upon the strength of Mr. Fisher’s arguments, the shipping company agreed to settle the case before going to trial for $490,000.00.
He also convinced the insurance carrier for his client’s employer to waive its workers’ compensation lien in the amount of $197,568.00. Altogether, this meant a net gain of $687,568.00 for the injured truck driver.
Personal Injury Litigation
With personal injury litigation, determining and proving an accurate theory of liability can make all the difference between success and failure. For this reason, people who have been injured often find that they benefit from the help and guidance of a seasoned attorney, like the Chicago personal injury lawyers at GWC Injury Lawyers, Illinois’ largest Personal Injury and Workers’ Compensation law firm.
With more than $2 BILLION successfully recovered for our clients, the personal injury lawyers at GWC can provide the experience and determination to fight for the justice that you deserve.
If you or your loved one has been injured, please contact GWC today to schedule a free consultation with one of our attorneys. Call our office at (312) 464-1234 or click here to chat with one of our representatives.<< BACK TO BLOG POSTS