$1,000,000.00 Policy Limit
Plaintiff was injured while riding his new Harley on the way to a business meeting. The accident occurred on South Boulevard in Charlotte, NC when the Defendant pulled from a side street directly into the path of the Plaintiff. Having no time to react his motorcycle broadsided the vehicle and he flew head first over the hood of her car. At the time of the accident, his wife was following directly behind him to the business meeting. He was hospitalized for several days and received extensive therapy thereafter for a closed head injury. The Defendant driver had a minimum insurance policy of $25,000.00. The claim was made against both the Defendant driver and the underinsured portion of the garage owner's policy which insured the Harley he was riding at the time of the accident. Plaintiff made a good recovery from his injuries although still experiencing some continuing emotional difficulties related to this injury.
$1,000,000 Policy Limit
The Plaintiff who was 23 at the time of the accident, left his friend's house at approximately 8:30 p.m. on his way to his mother's residence where he lived at that time. At approximately 10-15 minutes after he left his friend's home while crossing over the freeway a tractor-trailer made a left turn directly into his path while attempting to enter upon the entrance ramp of the freeway. Plaintiff was traveling at approximately 45 mph and only had 44 feet to react before striking the cab of the tractor trailer. He severely injured his arm and sustained a traumatic closed head injury. After being airlifted to Carolina Medical Center he remained in a coma for quite some time. After recovering from the coma he then received extensive therapy for his closed head injury. Initially, the trucking company refused to make payment even for his Suzuki motorcycle taking the position that the Plaintiff did not have his headlight working at the time of the accident. The defendant insurance carrier could not substantiate their position in this matter and after suit was filed, depositions taken and discovery conducted, the lawsuit was settled for the policy limits from the defendant carrier for the amount of $1,000,000.00. I am very pleased to report that the Plaintiff has made an incredible recovery for his injuries and while still suffering from some short memory loss has returned to gainful employment. An annuity was purchased which will provide the Plaintiff monthly benefits for the rest of his life.
Wrongful Death Settlement $370,000.00
Plaintiff, who at the time was 48 years old and was on vacation traveling with her husband on the Blue Ridge Parkway towing their bikes when they were in an accident with another vehicle. She sustained a broken leg and while resting comfortably post surgery in the hospital threw a blood clot from which she did not recover. At the time of the accident she was only working part-time and had no minor children. The insurance company for the defendant driver initially took the position that they only caused the Plaintiff to sustain a broken leg and were not responsible for her wrongful death. Subsequently they abandoned that position and accepted liability for the Plaintiff's wrongful death. I traveled to Florida her state of residence at the time of her death and made recorded interviews with friends, family members and coworkers which were reproduced for the insurance carrier. After listening to these interviews the insurance carrier significantly increased their offer of settlement which was accepted by the plaintiff's husband.
$100,000.00 Policy Limit
Plaintiff and his girlfriend were on a late afternoon ride on her Harley when the Defendant pulled out from a side street directly into the path of the Harley. Plaintiff having very little time to react put his Harley onto the pavement coming into contact with the left front portion of the Defendant's vehicle. The Plaintiff fractured his knee which required surgery. For several weeks thereafter he was not able to bear weight on his leg and in fact missed several months of work as a bartender because of his inability to stand for long periods of time. Eventually, he regained full use of his leg and, in fact, found even better employment with a national company. The Defendant had a minimum policy on his vehicle in the amount of $30,000.00 which clearly was not enough to compensate the Plaintiff for his injuries. We then looked to the carrier for the motorcycle he was riding and found that the policy had lapsed and there was no coverage. At that time we made a claim against the Plaintiff's parents' policy taking a position that he was still a member of the household even though he resided with his girlfriend most of the time. The insurance carrier vigorously fought paying out their coverage. The matter was taken to arbitration where it was settled for the full policy limits of $100,000.00 when it was determined that an individual can indeed have more than one place of residence at the same time.
Passenger: The Plaintiff's girlfriend nose was fractured in this accident and in addition to soft tissue injuries and was settled for $15,000.00.
