$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]
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.
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.
$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.
$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.
$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.
$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.
$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.
$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.
$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 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.