At Gainsberg Law, we fight hard for our personal injury clients. Over the years, we have successfully represented people from all over the Chicagoland area in a wide array of cases. We invite you to read about some of our successes, or to read what our clients have said about our work.
Please note: the settlements and verdicts listed on this page are not a guarantee of the outcome of your case. Every client’s case is different, and we cannot guarantee similar outcomes.
$3,000,000 Settlement for Traumatic Brain Injury
Female airline employee was struck in the head by a large metal luggage container knocking her to the ground. She sustained a torn labrum in her shoulder which required surgery. She also sustained a mild traumatic brain injury which resulted in cognitive deficiencies. Case settled for $3,000,000.00.
$1,150,000 Pre-Trial Settlement for Metra Worker in FELA Action
On June 29, 2016, our client, our 43-year-old male was working as a carman apprentice and was in line to be promoted to a full carman. In the early morning hours, he was injured when his supervisor fell off the top of a ladder and fell directly on him. Gainsberg Law brought suit under the Federal Employers Liability Act (FELA). At the time of the incident, our client’s supervisor was changing a window on top of rail car and failed to use a lift, but used a ladder. Plaintiff’s safety expert stated that the supervisor should have used a lift and also opinioned that the supervisor used the ladder improperly, leading to the fall.
Our client sustained injuries to his knee, elbow, back, and neck. A few months following the incident he had surgery for a meniscus tear in his knee. The defendant disputed whether the tear was related to the fall since the plaintiff had previous knee issues. The plaintiff tried to return to work but persistent neck and back pain prevented him from working. He then had successful neck and back fusion surgery but likely could not go back to working as a carman. Gainsberg Law negotiated a successful settlement of 1,150,000.00 before a scheduled jury trial. In addition to the settlement, Metra agreed to pay for health insurance for our client for 18 months after the settlement.
$890,000 Settlement Prior to Trial for Truck Accident Case
On January 22, 2009, a 49-year-old female was driving home after dropping her daughter off at work when a large commercial truck struck the rear end of her vehicle. After enduring months of treatment, including physical therapy and various epidural injections in her lumbar spine, she underwent a lumbar fusion surgical procedure. Just before the case was ready for trial, we negotiated a settlement with the Defendant for $890,000.00.
$887,500 Settlement Prior to Trial for Rear-End Car Accident Victim
A 43-year-old male was rear ended at a stop sign in Chicago. He sustained a herniated disc in his neck. He underwent surgery called an anterior cervical discectomy of C5-C6. Prior to trial the case settled for $887,500.00.
$540,000 Settlement for Elderly Lady Assaulted by Security Guard
On August 3, 2016, our 65-year-old female client was visiting her husband at a CHA apartment in Chicago, IL. Her husband was disabled, and our client was his primary care taker. An apparent homeless person was trespassing in the laundry room of the apartment building and trying to light matches. The building employed one security guard. Recognizing the danger of the matches, our client requested that the security guard address the homeless person and prevent a fire. The security guard refused to go to the laundry room. Our client then decided to go to the laundry room and was able to escort the homeless person out of the building. Hours later, while exiting the building, she complained to the security guard about not doing his job. He grabbed our client with both arms, dragged her toward the lobby door, and caused her to fall to the ground. Our client suffered a significant right wrist fracture.
The security guard tried to hide the incident and blame the fall on a rug in the lobby. Even after a lawsuit was filed, the security guard’s employer continued to deny fault and asked that the lawsuit be dismissed. Gainsberg Law was able to get the video of the incident from a lobby camera. The video captured the security guard’s wrongful conduct and assault and battery on our client. The video proves the security guard caused our client’s fall and injuries. Gainsberg Law was also able to find out that the security guard had lied on his application about his work experience and hid past employment terminations for misconduct as a security officer.
Our client underwent three surgeries on her wrist, and she was further diagnosed with nerve injury as a result of the security guard’s misconduct. Gainsberg Law obtained a settlement of $540,000.00.
$485,000 Settlement in Slip and Fall Case
A senior citizen fractured her hip after tripping and falling on a dangerous plywood board, requiring surgery. We settled the case for $485,000.
$300,000 Policy Limits in Wrongful Death Lawsuit
A fifteen-year-old boy was killed in a house fire. We settled the case for the policy limits of $300,000.00.
$250,000 for Settlement for Uninsured Motorist Claim by Bicyclist Injured in Hit-and-Run
On July 31, 2016, a 61-year-old male was struck by a hit-and-run vehicle and thrown about 50 feet, in addition to being dragged by the vehicle. He sustained several wounds and abrasions (requiring multiple sutures), a comminuted fracture of the right clavicle, a nondisplaced fracture of the head of the clavicle, a mid-sternal fracture, and a left 4th rib fracture. He also experienced vertigo following the accident. Gainsberg Law filed an uninsured motorist claim for our client based on the wrongful conduct of the hit-and-run driver, and was able to convince the client’s insurance company of the permanent and severe nature of the man’s injuries. The client agreed to a $250,000.00 settlement for his injuries.
$250,000 Policy Limits for Neck Fracture in Auto Accident
On August 28, 2017, our client, a 32-year-old female, was driving straight through the intersection on a green light in Will County, IL. An approaching vehicle attempted to make a left-hand turn in front of her and struck her head on. The client sustained a C6 cervical fracture and right vertebrae artery dissection. On August 31, 2017, she had fusion surgery on her neck and recovered well. Gainsberg Law obtained the policy limits of $250,000.00 for our client.
$250,000.00 Policy Limits for Pedestrian Struck by a Drunk Driver
On May 13, 2018, our client a 25-year-old female, was struck by a drunk driver while crossing the street in Blue Island, IL. Our client sustained left tibia and fibular fractures and a right femur fracture. She had emergency surgery on both legs and was hospitalized for a week after the accident, plus spent time in a rehabilitation center. The drunk driver was unable to produce insurance at the scene before his arrest. The drunk driver eventually plead guilty to aggravated driving under the influence for injuring our client and also pled guilty to having no insurance. The drunk driver’s vehicle was owned by a different individual. Gainsberg Law was able to find insurance for this vehicle through the owner’s policy, a policy not known by the driver nor disclosed in the police report. After obtaining valid insurance for the incident, Gainsberg Law obtained a policy limits settlement of $250,000.00.
$250,000.00 Settlement in Car Crash Case
A man was struck by a teenage driver while crossing a street in Chicago. He sustained a comminuted and depressed lateral tibial plateau fracture with associated hemarthrosis. He underwent open reduction and internal fixation with an anterior compartment fasciotomy. Case settled for $250,000.00.
[More on Car Accidents]
$240,000 for 15-Year-Old Bicyclist Hit by a Car
On May 12, 2016, a 15-year-old boy, while riding his bicycle and crossing the street in Orland Park, IL, was hit by a car. The minor sustained a left leg fracture. He had open reduction surgery at Lurie Children’s hospital in Chicago and a rod was inserted to stabilize the fracture. The minor had two additional surgeries at Lurie Hospital to stabilize the fracture site further, and to remove the inserted rod. He had a successful recovery. After extensive negotiations with the at-fault party’s insurance company, the family agreed to a $240,000.00 settlement.
$225,000.00 Settlement for Premises Liability Case at a Beauty Salon
A customer at a beauty salon sustained a cracked vertebra when a chair that she sat in collapsed. Case settled for $225,000.00.
[More on Premises Liability]
$115,000 Settlement for Victim of Rear End Accident
Our client, a 39-year-old male was involved in a rear end accident on September 9, 2016. Our client was stopped at a red light in Skokie, IL and was struck in the rear of his vehicle. He sustained injuries to his back and knee. After a referral to an orthopedic surgeon, our client underwent arthroscopic knee surgery. Gainsberg Law obtained a $115,000.00 settlement.
$105,000.00 Settlement for Passenger Injured in Rollover Car Accident
A 21-year-old male was a passenger in an automobile that ran off the road and flipped over several times. The injured passenger was transported to the hospital with several injuries, including a fractured finger. The passenger hired Gainsberg Law when the driver was uncooperative, and the police report did not indicate any insurance. Gainsberg Law was able to locate insurance for the at-fault driver and additional insurance through the client’s family due to the severity of the injury. After several surgeries, the client had to have his finger amputated. Gainsberg Law was able to negotiate a successful settlement with both insurance companies and recovered the maximum amount of insurance available for its client of $105,000.00.
$103,897 Settlement for Child Injured by a Postal Truck
On July 6, 2016, a five-year-old boy and his mother were enjoying a barbeque with other family members and friends. Due to the recent July 4th holiday, there was an increase in mail and deliveries. As a result, a postal worker, who was behind schedule, decided to take a short cut through a residential alley where several children were enjoying the barbeque in an adjacent field. The postal truck struck the minor as he exited the back door of a residence to return to the field. The minor suffered a fracture to his right leg, which required casting.
The postal worker denied causing any injury at the scene and claimed that the minor fell but was not struck by the truck. Gainsberg Law immediately secured video of the accident, which showed the postal truck speeding through the alley and coming into contact with the minor.
Gainsberg Law then brought a claim under the Federal Tort Claims Act. During the administrative proceeding, the Postal Service paid the mother’s claim pursuant to the Illinois Family Expense Act but denied the minor’s claim. Gainsberg law brought suit in the United States District Court against the United States of America. The matter settled after a settlement conference before the court.
$100,000 Settlement for Slip and Fall Victim; Illinois Appellate Court reversed summary judgment
On February 9, 2015, our 34-year-old female client was commuting to work from Harvey, IL to Chicago, IL. Our client commuted on the Metra Train. After parking her car in the Metra station, she headed down a ramp toward the train platform. While working down the ramp, she slipped and fell on a big chunk of ice. As a result of the fall, our client fractured her ankle and tore a ligament in her ankle. She had surgery a few days later where nails and a screw were inserted to stabilize the ankle. She missed work as a medical assistant for the next several months and had extensive therapy.
The contract between Metra and the property manager required salting and did not tolerate any ice formation. A week before our client’s fall, there was a significant snow. Evidence showed that no salting was performed at the station for days before our client fall even though temperatures thawed above freezing, leading to melting snow and ice formation. Gainsberg Law brought suit against the property owner, Metra, the property manager, and the snow removal company. During discovery, Gainsberg Law found out that another commuter – days before our client fell – called Metra and complained about ice at the station. Nothing was done at the station despite the call.
Nonetheless, the trial court granted summary judgment to Metra, the property manager, and the snow removal contractor under the natural accumulation rule. Our client appealed. The Illinois Appellate Court reversed and found several triable issues of fact. The issues included whether unnatural conditions, such as melting snow piles, caused the ice formation and that both the snow removal contractor and property manager had duties to remove the ice, preventing summary judgment.
Following the appellate court’s ruling, the parties agreed to mediate. The parties reached the $100,000.00 settlement as a result of the mediation.
$100,000 Settlement for Pedestrian Run Over by an Uninsured Driver on Super Bowl Sunday
A 37-year-old female was shoveling snow with her daughter in an alley next to her garage on Super Bowl Sunday during a snowstorm. A car came through the alley and ran over the pedestrian right in front of her daughter. The car did not stop but left the scene. The pedestrian suffered severe fractures to her spine, underwent surgery, and missed substantial time from work. The pedestrian attempted to file a claim with her own insurance company but was unsuccessful. She then hired Gainsberg Law to bring an uninsured motorist claim since the pedestrian was injured by a hit and run driver. At first, the pedestrian’s insurance company blamed her for the accident, even though she has been run over, saying she was playing in the snow. Gainsberg Law was able to get the insurance company the proper police, ambulance, and medical reports to demonstrate the pedestrian did nothing wrong. Shortly after presenting this information, Gainsberg Law was able to negotiate a settlement for the policy limits of $100,000.00.
$100,000 Settlement for Driver Who Sustained Shoulder Tear in a Car Accident
A 45-year-old male was in a car accident when the other driver failed to yield to a stop sign and t-boned his vehicle. He hired Gainsberg Law to recover damages for his injuries. The client had shoulder pain following that accident and saw an orthopedic in Chicago. Following an MRI, he had a full thickness tear of his shoulder. He had shoulder repair surgery and several months of rehabilitation. The case settled for the at-fault party’s insurance limits of $100,000.00.
$100,000 Settlement for Bicyclist Struck by a Car
A 29-year-old male bicyclist was struck by a motor vehicle that was making an improper turn. The injured bicyclist sustained a broken clavicle. The case settled for the policy limits of $100,000 for all insurance policies that covered the bicyclist’s significant injury.
[More on Bicycle and Pedestrian accidents]
$100,000.00 Settlement in Car Accident That Led to the Death of a Pedestrian
On December 19, 2013, an elderly pedestrian was crossing the street near his home as he routinely did for many years. A motorist made an improper left-hand turn and struck the pedestrian, causing severe injuries and knocking him unconscious. At the scene, the motorist blamed the elderly pedestrian even though he made a left-hand turn. The responding police officer believed the motorist and refused to issue a traffic citation. The next day the elderly pedestrian died at the hospital due to his injuries from the collision. The family of the elderly pedestrian hired Neal Gainsberg, and within a month’s time, Mr. Gainsberg was able to get the motorist’s insurance company to pay the full policy limits for the motorist’s negligent conduct and causing the death of the elderly pedestrian.
$91,984 for Bicycle Accident Victim
Our client, a 24-year-old male was riding his bicycle in Oak Park, IL on December 4, 2017. A car making an improper turn struck our client. He was thrown from his bicycle and sustained a head injury and a large laceration to his forehead. He was transported to the hospital to rule out a concussion. He followed up with visits to several doctors and a course of physical therapy for headaches and neck pain. Our client also had a hypertonic scar of several centimeters to his forehead. Gainsberg Law obtained a settlement of $91,984.00.
$91,000+ Order for Injury Victim Whose Claim Was Wrongfully Denied by Unique Insurance Company
April 5, 2017, a judge awarded more than $90,000 to our client after his insurer, Unique Insurance Company, wrongfully denied his claim. Our client sustained bodily injury in an accident with an uninsured driver. His personal injury damages, medical bills, pain and suffering – the original claim – did not exceed the $20,000 policy limits. The insurer for the at-fault party denied coverage for non-cooperation. Unique Insurance Company, therefore, was contractually bound to honor the claim. Instead, contrary to IL law, Unique insisted we had the burden to sue the insurer for the at-fault party and provide non-coverage. The court awarded our client the full amount of the attorneys’ fees, as well as $60,0000 in sanctions against Unique Insurance Company for violating section 155 of the Illinois Insurance Code, and acting unreasonable and vexatious in responding to an uninsured motorist claim. [Final Order]
[More on Insurance Claims]
$90,000.00 Settlement for Elderly Pedestrian Hit by a Car
On May 19, 2014, a 73-year-old male was out for his morning walk. He was struck by a driver that was backing out of an alley in Chicago, IL. The elderly male fell on the sidewalk and was immediately transported by ambulance to the hospital. Due to his injuries and other pre-existing ailments, he spent the night at the hospital. The elderly pedestrian suffered injuries to his back, shoulder, head, and ankle. He was required to go through extensive physical therapy to be able to get back on his feet and once again enjoy a morning walk. He hired Gainsberg Law, P.C. to obtain compensation against the at-fault driver. The insurance company for the at-fault driver was reluctant at first to offer any significant money due to our client’s age and previous ailments. After extensive negotiations, Gainsberg Law obtained a fair and equitable settlement for our elderly client, convincing the insurance company that the impact aggravated our client’s underlying condition as well as caused new injuries to him.
$88,400 for Bicycle Rider Hit by a Negligent Driver
Our client, a 56-year-old male, was riding his bicycle in a marked bicycle lane in Chicago, IL on August 20, 2018. A vehicle pulled out of a parking spot without checking the bicycle lane. The vehicle struck our client’s bicycle and caused our client to fall from his bicycle. He was rushed to the hospital with neck, back, and head injuries. He also had several lacerations. Our client made a quick and full recovery with only few doctor visits following his emergency room stay. Gainsberg Law negotiated a settlement of $88,400.00.
$80,000 for Slip and Fall on Improperly Installed Tiles
Our client, a 39-year-old female, worked at a large office building in downtown Chicago, IL. On February 4, 2015, she was entering the building when she fell on wet and slippery tile outside the entrance. She injured her knee and had an arthroscopic procedure. The tile had been recently installed as part of a renovation of the building. At the time of our client’s fall, it had recently snowed, and the tile was wet. The building’s insurance company initially denied liability, claiming the weather caused the fall and not the tile.
Gainsberg Law was able to locate the contractors that installed the title and the type of tile installed. The building and the contractors had chosen to install cheaper tile that was not designed for heavy pedestrian traffic outside a large office building. This brand of tile also became more slippery when wet as compared to more expensive, safer tile. Gainsberg Law also discovered that many tenants of the building had complained to the building management about the slippery tile. After the litigation revealed the nature of the tile, Gainsberg Law was able to obtain a settlement of $80,000.00.
$60,000.00 Settlement for Slip-and-Fall Victim at a Group Home
On July 21, 2015, a 54-year-old female slipped and fell on water in the kitchen of a group home where she resided. The refrigerator was not maintained and leaking water. The injured victim suffered an injury to her right hip. At first, the group home ignored the victim’s request for compensation and downplayed her injury. The victim hired Gainsberg Law, P.C. to investigate whether the group home had insurance and was at-fault for the fall. We obtained her medical records, which showed she had a painful right hip bursitis that requires physical therapy and cortisone injections. We also found out that the refrigerator had been leaking for some time and the group home failed to repair and maintain the refrigerator causing a hazard in the kitchen. After our client made a recovery, Gainsberg Law was able to negotiate a settlement with the insurance company for the group home for our client’s hip injury.
$50,000.00 Policy Limits for Three-Year-Old Boy Struck by an Automobile
On June 30, 2018, our client and her three-year-old son were walking on the sidewalk near their home. A motor vehicle came on the sidewalk and struck our client and her son. The minor sustained a hematoma and left femur fracture. On July 1, 2018, the minor underwent closed reduction surgery on his femur and was casted. Following a normal MRI of the cervical spine and the passing of all neurological exams, the minor was discharged home from the hospital on July 3, 2018.
The driver that struck the minor claimed that another vehicle turned left in front of her, striking her vehicle and causing her to drive onto the sidewalk. As a result, her insurance company denied liability. Gainsberg Law was able to explain how the driver that struck the minor boy was driving too fast for conditions and not maintaining a proper look out, and how she could have avoided driving onto the sidewalk. As a result, Gainsberg Law obtained the policy limits from the insurance company of the driver that struck the minor. Gainsberg Law was also able to get the policy limits for the driver that made the improper left-hand turn and initially struck the vehicle that drove onto the sidewalk.
$50,000.00 Settlement for Slip-and-Fall Victim at the North Riverside Mall, North Riverside, IL
On July 16, 2016, a 46-year-old male was at the North Riverside Mall in North Riverside, IL. Our client slipped and fell on substance, which appeared to be some type of liquid, near the food court. Our client sustained a fracture to his right ankle and required surgery. He made an excellent recovery from the surgery and had full range of motion and use of his ankle within a month after the surgery.
The mall and its maintenance company disputed that it had any notice of the liquid and initially denied the claim. The mall stated that another customer must have spilled the liquid merely moments before our client fell. The video camera in the food court did not capture the fall or how the liquid spilled. After extensive negotiations and providing evidence that the mall and its maintenance company had an opportunity to clean the spill, the mall and its maintenance company agreed to a $50,000.00 settlement. The settlement allowed our client to avoid the time and expense of trial and get the necessary and proper compensation for his injury.
$40,000 Settlement for Slip and Fall at a Night Club
On Super Bowl Sunday February 3, 3019, our 36-year-old client went to a nightclub after watching the super bowl. She slipped and fell on a large water puddle that had been on walkway near the bar. The floor was bare concrete and did not contain any type of protections against slippery conditions. Our client suffered a left elbow dislocation and required several months of medical treatment. Gainsberg Law successfully argued that the conditions of the floor were unsafe and dangerous to customers of the night club. The case settled for $40,000.00 without any lawsuit.
Policy Limits Settlement for Pedestrian Injured in a Hit-and-Run
On June 22, 2016, 21-year-old female pedestrian struck by a hit-and-run driver in the crosswalk at a high rate of speed. The victim sustained a non-displaced fracture to the neck and was transported to the hospital by ambulance. Her neurosurgeon was able to treat the fracture without any surgery and my client made an excellent recovery. The driver of the other vehicle was never found. Gainsberg Law, P.C. negotiated a settlement for the policy limits under my client’s uninsured motorist policy.
Policy Limits Settlement for Passenger Injured in Hit-and-Run
On June 24, 2016, 31-year-old passenger on dialysis was struck by a vehicle on the passenger side after the vehicle ran a red light. The other driver fled the scene. The passenger sustained pelvis, chest, and other injuries. She spent over two weeks in the hospital. After extensive negotiations, Gainsberg Law, P.C., was able to get the policy limits from the driver of the other vehicle’s insurance company. Gainsberg Law also negotiated a settlement for the passenger’s four-year old son who sustained minor injuries.
[More on Hit and Run]
Policy Limits Settlement for Pedestrian Struck by Uninsured Motorist, Whose Claim Was Initially Denied by Insurance Company
On August 17, 2014, a 34-year-old male, while crossing the street, was struck by a speeding motorist. He sustained facial injuries, including chipped teeth, and a fractured foot. The motorist that struck the injured victim did not have any insurance. The victim hired Gainsberg Law, P.C. to investigate whether any compensation was possible for his severe injuries. Although our client did not own a car, he did reside with his brother, who owned a motorcycle that was insured. Our client’s injuries and damages were well above the policy limits for his brother’s policy. The insurance company initially denied the claim, citing an exclusion in the policy, as to uninsured motorist benefits. Gainsberg Law pointed out to the insurance company that the exclusion in the motorcycle policy violated Illinois law and was unenforceable. The insurance company agreed with Gainsberg Law, reversed its denial, and offered our client the policy limits of his brother’s motorcycle policy. Our client was able to obtain substantial compensation for his injuries.
Confidential Policy Limits Settlement for Car Accident Victim of Uninsured Driver
On October 29, 2016, a 50-year-old female was struck by an uninsured driver who ran a red light. My client sustained ribs and a non-displaced fracture to her spine. Gainsberg Law was able to certify, to the IL Secretary of State, the driver’s lack of insurance and provide that certification to our client’s insurance company, a non-standard company. Gainsberg Law, P.C. was then able to negotiate a settlement for the policy limits under our client’s uninsured policy with the non-standard insurance company.