Example Auto Accident Cases

Indiana Interstate Crashes

Example Auto Accident Cases

Example Auto Accident Cases

Underinsured Driver Jury Verdict

“In 2007, “D.B.” was working in Chicago as a claims adjuster for State Farm Insurance Company. A former Indiana Mr. Basketball, he had worked for State Farm for 25 years. Nevertheless, when he had to make an underinsured motorist claim under his State Farm policy, the company refused to cooperate in any fashion and forced the injured employee, with the help of lawyer Mike Stephenson, to file suit against it.

The accident occurred when the plaintiff’s vehicle was hit from behind by a driver who had only the state minimum insurance coverage, and it caused significant injury to the client’s left arm, which required repeated physical therapy, steroid injections and arthroscopic surgery. Not only had the defendant insurer been unreasonable during negotiations, they objected during the trial to letting the jury know the medical expert’s report was favorable to the plaintiff.

Attorney Stephenson’s persistence paid off, however, and in December of 2013 the jury returned a verdict against State Farm for $200,000, more than what the plaintiff’s settlement offer had been. Whether in settlement negotiations or jury trials, Mike Stephenson aggressively advocates for the rights of his injured clients and is unafraid to take on a team of corporate lawyers.”

State Farm Fights Paying its Insured for His Low Back Injury

C.M. was hit by a driver who fell asleep at the wheel. The impact spun C.M.’s pickup truck around and totaled the truck. As a result, C.M. had an injury to his low back. The driver’s insurance company quickly paid its policy limits of $50,000. C.M. had underinsured motorist coverage with State Farm. Underinsured motorist coverage is insurance coverage that you pay for to cover you in the event that a driver who hits you does not have enough coverage to fully compensate you for your injuries. Your insurance company has to approve any settlement with an underinsured driver in order for that coverage to kick in. State Farm approved C.M.’s settlement with the driver.

Over the next couple of years, C.M. tried conservative treatment with physical therapy, chiropractic treatment, acupuncture, and injections. The pain would go away temporarily but always returned. Each time it returned, the pain was worse. C.M. could not drive or even sit in a chair for more than a few minutes because of the intensity of the pain. C.M. ultimately had to have multi-level fusion surgery on his low back. His bills were in excess of $200,000. Even though he had $100,000 medical coverage on his State Farm auto policy, State Farm argued that it did not have to pay for C.M.’s surgery because it was related to a degenerative condition, not to the crash. C.M.’s doctors related the surgery to the crash. State Farm hired its own expert who also related the surgery to the crash. Eventually, State Farm did pay the medical benefits; however, it still refused to pay up to C.M.’s limits on the underinsured motorist claim.

The case was set for trial. Stephenson and Rife hired an animation company to prepare a video exhibit to help the jury understand the complexity of the surgery C.M. had to endure. Our attorneys shared the exhibit with State Farm at mediation shortly before trial. State Farm paid $850,000 to settle the case.

Accident Summary: Blindsided

“B.D.” driving to a local hospital where she worked as a registered nurse in the chemotherapy department. As B.D. was approaching a county road, a semi moved to the left-hand lane of the four-lane road and was making a left turn onto the county road. A pick-up driver could not see around the semi and drove directly into her path, giving her no time to apply her brakes or swerve. B.D. received what was initially felt to be a minor injury to her left foot that resulted in it being placed in a splint. She continued to experience complications with the injuries to her foot that ultimately resulted in surgery.

After Attorney Stephenson’s involvement and communicating extensively with the treating doctors, it was established that the type of injury received by B.D. would prevent her from ever working at a job where she would be required to stand on her feet, as she had done for years. Our client’s injuries were tremendously increased by the fact that she was unable to help those who needed chemotherapy. She was restricted to a desk job and talking on phone. The injuries were difficult to quantify, but were very significant to B.D. The case was eventually settled after mediation for a confidential sum.

Settlement Secured: 20 Times the Initial Insurance Offer

Ms. Carla Fausnaugh, a mother of three, worked for the Indiana Department of FFSSA covering five counties. A great deal of travel was required for her job. One day she was driving, and a motorist in another vehicle ran a stop sign and slammed into Ms. Fausnaugh’s SUV.

Our client Carla sustained scalp lacerations and severe bruising from her shoulders down through her legs. She also suffered from ongoing Post Traumatic Stress Disorder (PTSD) and anxiety. Ms. Fausnaugh was unable to drive a vehicle for quite some time after the accident. Her husband had to drive her to all work appointments after the crash, and she was unable to attend her children’s sports and dance events because she could not sit or stand for significant periods of time.

The facts in the case were simple, though tragic. Liability was not in dispute. An elderly man was driving the other vehicle, and his elderly wife was in the passenger seat. Upon collision, not only was Ms. Fausnaugh injured, but the elderly man was seriously injured and his wife was killed.

The insurance company, Pekin Insurance, offered Ms. Fausnaugh only $1,500 more than her medical expenses for her injuries. Had she not reached out and consulted an attorney, she might have been tempted to take the money offered. Fortunately, two months after the initial settlement offer was made, Ms. Fausnaugh contacted Stephenson Rife and asked us to represent her. We negotiated aggressively on her behalf and were able to secure a settlement of $35,000 – more than 20 times the initial offer.

Settlement Secured: Head-on Collision

“A.A.” is a 21 year old young lady who was injured in an automobile accident on a county road when a pick-up truck came left of center striking her vehicle head-on. She received a significant compound comminuted fracture of her right femur and tibia fibula. Liability was initially contested by the underinsured carrier. However, after less than 30 days’ involvement by our firm, the driver’s carrier tendered their policy limits of $100,000.

There was underinsured motorist coverage of $1 million and, after filing suit, the matter was settled for $820,000.

Veteran Injured: A Complicated Matter

Stephenson was hired by “B.S.” to pursue a personal injury claim as a result of serious injuries suffered in an automobile accident in Ohio. B.S. had served his country in Vietnam and suffered many complications from his exposure to Agent Orange. The numerous health complications suffered made his injuries much more significant than anticipated. The insurance company initially took the position that his injuries were very minimal as a result of the accident.
After a full investigation of the medical complications and injuries caused from the accident and by the exposure to Agent Orange, Stephenson was able to obtain a confidential settlement.

Attorney Referral Case: Settlement Negotiation

M.A.L. v. Bernhardt & State Farm. Attorney Mike Stephenson was hired less than six months before trial to assist another attorney in final trial preparation and trying the case where the defendant admitted illegally turning in front of M.A.L. The impact of the accident caused M.A.L. to severely jam both thumbs in the steering wheel and to hit her head. M.A.L. suffered severe strains and sprains to her thumbs, a concussion, vertigo, and dizziness.

Shortly before Stephenson’s involvement, the defendant’s carrier, Progressive Insurance Company, offered $14,000 to settle the claim. After reviewing the medical records, Indianapolis motorcycle accident lawyer scheduled the deposition of the plaintiff’s primary treating doctor. At mediation, the underlying carrier tendered its policy limits of $50,000 to settle the claim. State Farm had $50,000 of additional underinsured motorist coverage and, at mediation, offered only to waive the $10,000 medical pay claim. Stephenson then took an additional doctor’s deposition, after which State Farm offered $45,000 of their $50,000 policy limits and agreed to waive all of their $10,000 medical pay claim. The case settled shortly thereafter.

Settlement Secured: Distracted Driving

“L.G.” retained Stephenson to pursue a personal injury claim against the driver a vehicle that failed to stop at a stop sign and ran directly into her path. Our client received injuries to both her right and left foot and ankle resulting in numerous surgeries Stephenson was able to negotiate a settlement in the amount of $500,000.

Fair Settlement Reached for Clients Involved in Fatal Car Accident

We settled a case for clients who had been involved in a devastating car accident that left one passenger dead. The driver of the other vehicle was impaired at the time of the crash. Our clients faced tens of thousands of dollars in medical bills, property damage, traumatic injuries, psychological trauma, and ongoing health complications.  

Stephenson Rife went to work right away gathering critical information to build this case. This included interviews, meetings, and evidence such as the crash report, audio recordings, medical imaging, and photos of the scene and damage. Our team also had animated accident reconstruction videos created as a dramatic demonstration of the circumstances of this case. We directed our animation team to use a wide variety of angles and both day and night environments for the two vehicles involved so we could choose the one that was most impactful. In total, 16 videos were created to show unequivocally the intense and traumatic nature of this incident. 

We carefully crafted our case over 2 years until we had what we needed. Through the diligence of our team, the client received a fair settlement after mediation and avoided going to trial.  

Attention to Detail Brings a Fair Settlement for a Client in a Devastating Car Accident

Imagine driving back to your business, waiting patiently to turn into the drive, when you’re suddenly rammed from behind. Your vehicle is shoved into oncoming traffic then off the road. The force of the crash loosens your seat and flings you into the backseat. Your head hits the window violently. In a split second, your life has been changed.  

This is what happened to our client, JC, when a distracted driver hit him from behind with such intensity that it bent his truck’s frame and buckled the truck bed. After the crash, he was left to deal with immense pain and suffering. He spent months trying to address pain in his neck and back. He also had numbness and tingling radiating down his leg.  

JC’s doctors recommended conservative treatment options to start. He tried medications, injections, and extended rest. But it was no use. His pain was intense and debilitating. He couldn’t return to his business repairing vehicles because he couldn’t meet the physical demands.  

Finally, a lumbar MRI revealed the sad truth. He had a significant disc herniation that was also affecting the nerve root. That’s why he struggled with weakness, numbness, and tingling in his leg. His spine had been dramatically impacted by the force of the crash. There was only one treatment option left: surgery.  

He had to have a spinal fusion procedure where a surgeon placed permanent hardware in his spine. Even with the fusion, his doctor said he most likely would reduce his pain by 80% and never return to his full range of physical activity. He added that additional damage had been done elsewhere in the spine that doesn’t require surgery now but could in the future.  

Despite JC’s extensive medical treatment and obvious ongoing struggles, the insurance company refused to recognize his diagnosis as a significant injury.  

Brady Rife and the Stephenson Rife team stepped in and stepped up to defend JC and demonstrate clearly that the crash had caused his injuries and ongoing pain. Our team aggressively pushed to go to trial and outlined JC’s medical chronology in step-by-step detail. This included highly detailed medical illustrations. They vividly show both JC’s injury and the intensity of his surgery. Even the defendant’s doctor struggled to deny the connection between the crash and JC’s injuries.  

The first mediation was not successful, but our team was not defeated. We prepared to go to trial with an overwhelming amount of evidence, medical testimony, and witnesses. Our strategy won. Our client went from an offer of nothing to a settlement of $900,000, which was over 9 times the cost of JC’s medical care.

Swift Action in Car Accident Case Lets Clients Focus on Healing

You deserve to feel safe on the road at any time and age. But as an older driver out on a late afternoon, the last thing you expect is a sudden impact that sends your vehicle through the air, rolling not once but twice. For our clients, a married couple, this became a stark reality. The crash caused injuries that created instant upheaval in their lives.   

Once our clients’ car settled on the road, they began their difficult journey with a complicated extrication. The driver’s husband had broken free from his seatbelt and was on top of his wife in the driver’s seat area. This added to the pain they were both already suffering from their impact injuries. They then had to be moved from the closest hospital to a city hospital that could handle more complicated medical needs. The driver’s husband suffered a fractured sternum and severe skin tear and was able to be released relatively quickly. His wife was not as lucky.   

The driver had a long list of injuries, mostly concentrated to her legs:  

  • An upper leg fracture  
  • Two lower leg fractures  
  • Fractures in the fingers of both hands  
  • A rib fracture  
  • And more…  

The severity of her injuries meant she had to stay in a rehabilitation facility for over a month. She was the primary caregiver for her husband, so special arrangements had to be made so he could continue living safely at home while she recovered.   

While our clients focused on recovery, our team went to work protecting them from the financial burdens brought on by the crash. Our clients had accumulated hundreds of thousands of dollars in medical bills. The driver at fault had only basic insurance coverage in the tens of thousands, but our clients had protected themselves well with underinsured motorist (UIM) coverage and medical pay coverage. However, our team had to get to work quickly to keep that medical pay coverage from being used immediately before health insurance was processed.   

Less than 9 months after their crash, we had:  

  • Ensured that 100% of medical pay coverage was set aside for our clients  
  • Bargained down the existing medical liens  
  • Reached a settlement of higher than the total of their medical bills 

Overall, our clients received 72% of their total insurance coverage available even after all attorney’s fees and expenses were paid.  

The clock starts ticking after a motor vehicle accident. The statute of limitations is 2 years, and medical bills can and will continue to accumulate while you wait for reimbursement. We worked swiftly so that our clients could avoid a long battle and instead focus on recovery and enjoy their future together.

Making the “Best” Offer Better for Our Client

You have the right to assume other drivers will obey the law and will exercise reasonable care in the operation of their vehicle. Unfortunately, that does not always occur; sometimes the unexpected strikes, and that’s exactly what happened to our client. She was the passenger in a compact vehicle that was struck by a larger pickup truck who failed to yield the right of way.  The impact was so great that airbags deployed and the front of the vehicle was rendered unrecognizable.   

It was immediately clear to our client that she had suffered injuries. She was taken to the hospital where the extent of her injuries came to light:

• Fractured ribs

• A fractured sternum

• A compression fracture of a vertebra

The most intense injury, the compression fracture in her spine, quickly became the focus of her recovery.  She, like many others, hoped the insurance company would treat her fairly, as it was clear to her that she was not at fault and that she had indeed been severely injured.  Like many, our client first attempted to resolve her claim with the insurance company herself.  She received a settlement offer from the insurance company for less than half of the medical bills she had accrued just over a year after the crash. And she was still treating for her injuries. Our client was understandably upset. The insurance company came back to our client with its best and final offer. It was a mere 13% higher than the initial offer.  

Two days after the insurance company made her its “best and final offer”, she hired our team to pursue a personal injury claim. In less than 6 months, we had compiled the medical bills and records related to the case. We were able to show the totality of what our client had endured since the crash which included:

  • A multi-day stay at the hospital
  • Multiple MRIs
  • A large back brace, worn for 10 weeks
  • Physical therapy
  • Bed rest
  • Oral pain medication, including narcotic pain management
  • Epidural steroid injections

Our team issued a demand for full policy limits. 2 business days later, and less than a year after the “best offer,” our client received a settlement offer for full policy limits. The total was almost 3 times the initial offer received months earlier. We focused on the case so our client can now focus on her recovery.

Exhaustive Work Yields Exceptional Results for Our Client

Our 38-year-old client exited the interstate on his motorcycle to get gas just before dawn. He was from out-of-state and was merely passing through on his way to ride a scenic highway several states away. As he exited the interstate and traveled down the ramp to merge onto a state highway, his front wheel struck a large pothole located in the middle of the lane causing him to lose control and crash. He was flung into a concrete median. 

After receiving medical attention, it was clear our client had suffered a badly fractured knee. A fractured knee may not sound devastating at first, but the type of injury he endured meant that the injury will worsen over time. There is a strong possibility of future therapies, injections, and most likely surgery. As it stands today, the injury has permanently affected his ability to walk, jump, run, and squat. It has had a dramatic effect on his ability to engage in common activities for a family man under 40.

The defense blamed our client for striking the large pothole in the middle of the lane, at night, on a road he had never traveled on. Furthermore, careful calculations showed that, even in the impossible scenario that he could have seen the pothole at the time, he would have had less than 2 seconds to react.  

We took 13 depositions, hired 4 experts and resolved the case just weeks prior to trial for more than 12 times the amount of total medical expenses of $257,000.

Our attorneys have years of experience litigating auto accident claims.
 
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