Settlement from a Kansas City Motorcycle Accident
Our client was injured in Kansas City, Kansas when a car suddenly pulled out of a private driveway and into the path of his motorcycle. There was almost no time to react and our client was forced to brake hard, losing control of his motorcycle and slamming against the pavement immediately before smashing into the large passenger vehicle. Upon impact, his right foot was crushed between the motorcycle and the car. He then flew up over the car and through the air and landed on his back.
Broken Bones, Infection, and More Meant a Long and Painful Recovery for Our Client
An orthopedic specialist concluded that a plastic surgery consultation was necessary. A plastic surgeon diagnosed a crush injury to the right foot with resulting cellulitis secondary to the motor vehicle collision. Cellulitis is a serious bacterial infection of the skin in which bacteria penetrates the skins protective outer layer, typically at the site of an injury.
Our client required hospitalization for this condition. The diagnosis was cellulitis of the right foot, crush injury of the right foot, and right great toe fracture. Eventually, he underwent debridement of necrotic (dead) skin of the subcutaneous tissue and fascia of the right foot as a result of chronic open wounds on the right foot. He was later diagnosed with right foot metatarsalgia, which is a painful foot condition in the metatarsal region of the foot (ball of the foot) affecting the bones and joints. Then a bone scan revealed possible post-traumatic osteoarthritic changes within the mid-foot and distal and possible subradiographic (undetectable by x-ray) fractures within the midfoot and distal tibia.
We Weren’t Deterred by a Low-Ball Offer
Based upon the absolute liability, the nature and the extent of the injuries sustained, severe pain and suffering incurred, extensive medical treatment, and medical expenses and wage losses sustained, we determined that our client’s claim value exceeded $100,000 policy limits and made an early limits demand in an effort to prevent unnecessary delay. But despite permanent scarring and deformity of the right foot, ankle and lower leg, and medical expenses exceeding $20,000 and a wage loss exceeding $10,000, the insurance company offered just $60,000 as full compensation for these severe injuries. We rejected this offer, advised our client to continue to treat for unresolved right foot injuries, and continued to press hard for insurance policy limits.
Ultimately, our medical experts diagnosed entrapment of the right perineal nerve and a decompression surgery was performed, which successfully resolved our client’s significant ongoing pain and suffering and disability and added an additional $7,000 medical expenses to the claim. Armed with this additional medical documentation, we were able to successfully secure a $100,000.00 policy limits resolution of the third party liability claim. In addition, we were able to obtain a waiver of reimbursement of substantial sums paid for medical expenses and wage losses under our client’s first party PIP (Personal Injury Protection) insurance benefits.
Two Harley Davidsons For The Price Of One!
In addition to obtaining $100,000.00 policy limits for our client’s injuries and waiver of reimbursement of medical expenses and wage loss benefits paid after a hard fought battle with the insurance company, we assisted our client with his property damage claim, as a courtesy to him and at no cost to him in conjunction with handling his injury claim. We successfully had his motorcycle declared a total loss and secured a fair market value insurance payment for his nearly new but now totaled Harley Davidson motorcycle as well as a buy back of his motorcycle at almost no cost. With the insurance proceeds, he bought a brand new Harley Davidson motorcycle and was able to have his totaled Harley Davidson motorcycle fully repaired and certified at nominal cost, essentially ending up with two new Harley Davidson motorcycles for the price of one.
We wish we could turn back the clock as if this serious injury accident had never occurred. However, we are proud to have remedied a bad situation for our client!