We represented a claimant whose vehicle was hit from behind while he was commuting home from work. After the accident, he developed back pain and saw a doctor who explained it was probably a strain that would disappear with time. The insurance carrier for the other driver (American Family) promptly made a low-value settlement offer, which the claimant accepted without first consulting an attorney. Unfortunately, his pain did not go away, and eventually, he submitted to surgeries that produced only partial relief.
After settling with American Family, the claimant retained our firm. American Family refused to make any further payment, so we filed suit and persuaded the circuit court to rescind that settlement and to allow the claim to proceed. Shortly before trial, the carrier increased its original offer by a factor of approximately 93, and our client accepted that offer.
Only in rare circumstances can a settlement be re-opened. The particular circumstances of this case resulted in the re-opening of the settlement, but only after considerable legal work. If you have been hurt in an accident and have received a settlement offer from an insurance carrier, we strongly recommend you review it with an experienced attorney before you decide whether to accept or reject it.
Other clients include:
- A man who tripped, fell, and broke his hip while trying to avoid an unleashed dog ($185,000);
- A man who broke his leg when he stepped into an open septic tank in the dark ($505,000);
- A bicyclist hit by a car (confidential settlement);
- A man whose medical records were improperly released by a hospital ($10,000);
- A woman hit by a drunk driver ($175,000);
- A man who fell from a forklift ($220,000).