The Personal Injury Case
The Chicago personal injury attorneys of Peter Higgins Law represented M.R., a 38-year-old-mother and teacher that suffered a fractured distal ulna (wrist) when a large tree branch fell on her at her rental home while she was getting out of her car. She was taken by ambulance to a local hospital and underwent immediate surgery.
M.R. also suffered post-traumatic stress disorder (PTSD)– a psychiatric response marked by flashbacks and fear, for which she sought psychiatric treatment. We claimed that the landlord knew the tree was old and in need of maintenance and that he had been warned of the dangers it posed before M.R. was injured. Unfortunately, he took no corrective action. Within a few months after we began working on the case, the homeowner’s insurance company offered $100,000, policy limits, in settlement.
We explained to M.R. that she could either accept the $100,000.00 offered by her landlord’s insurance company now or file suit with the expectation of gaining a jury verdict in excess of $100,000.00. However, we cautioned that there was a limited expectation that the landlord had personal assets from which he could personally pay for any judgment over his insurance limits. Wanting to end the case now, M.R. decided to accept the insurance limits.
RESOLUTION: $100,000.00, policy limits of insured homeowner.
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