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.
$1,000,000 Settlements for Pedestrian Struck by CTA Bus
In the early morning hours of September 1, 2018, our client, a 48-year-old male, was coming home from a family gathering. It was a warm late summer night and our client decided to take the CTA bus home. Our client made it to the bus stop at Pulaski and Grand Ave and was waiting for the bus. Several other people were at the stop using the bench but had no intention to board the bus. The late-night bus stopped at the station and allowed a passenger to exit. Our client approached the entrance to the bus, which had its doors open. When he reached the curb, he looked back at the people still sitting at the bench. They apparently said something to him. While looking back, the bus driver decided to close the doors and leave the bus stop. The driver later claimed she did not see our client even though he was standing right next to the open front doors. As the bus began to leave the station, our client instinctively started to run after the moving bus. He stepped onto the street and was able to knock on the door. When the bus continued to move away, he tried to run with the bus. Our client, unfortunately, lost his balance, fell to the ground, and the bus ran over his right leg.
After striking our client, the bus driver slowed the bus but then continued down the street and proceed with the bus route. The driver left our client lying in the street. The bus accident attorneys at Gainsberg Law were able to secure both the cameras from the CTA bus and the body cameras from the police that arrived at the scene. The bus cameras showed our client a few inches from the door before the doors closed and the ensuing attempt of our client to board the bus and run after the bus. The police body cameras also showed that the bus driver stating she never saw our client and never saw him try to board the bus. The bus driver’s story was not credible.
Our client suffered massive fractures to his leg. He had several surgeries. But, after various attempt to save his leg, the doctors were forced to amputate a portion of his right leg below the knee. Gainsberg Law, P.C immediately filed suit against the CTA for our client’s injuries. The CTA vigorously defended the lawsuit and cited our client’s actions of running after a moving bus. The CTA claimed but for our client running into the street, he would not have been injured. Gainsberg Law was able to gather substantial evidence of CTA procedures and policies to support their client’s claim. With the onset of the COVID pandemic and an unknown future trial date, our client agreed to mediation before a retired Cook County Judge. After mediation, the parties reached a one million dollars settlement. The accident attorneys at Gainsberg Law were also able to substantially reduce the reimbursement claim of our client’s health insurance company and secure a substantial figure for our client.
$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.
$255,000 Settlement for Female Driver Struck by a Semi-truck
On November 12, 2019, our client, a 36-year-old female, was stopped in her vehicle at an intersection in Chicago, IL. A semi-truck, making a left hand turn, decided to reverse back toward our client’s vehicle. While reversing, the semi-truck struck our client’s vehicle several times. Our client sustained cervical and shoulder injuries. A cervical MRI showed disk protrusions and a herniation at C2-C3 and C5-C6. Under the care of a pain management doctor, she underwent a course of physical therapy, a cervical medial branch block, and two cervical radiofrequency medial branch neurotomies. She improved after undergoing this care and treatment. The case settled within 6 months of the accident.
$250,000.00 Settlement for Elderly Women Who Slipped and Fell on Uneven Concrete
On June 25, 2019, our client, a 67-year-old female, was on a routine visit to her doctor’s office. While walking on the walkway to the entrance of the office building, she fell on a dangerous and uneven condition on the concrete. The condition of the walkway was made worse by an unmonitored sprinkler system, causing pools of water to develop and a very slippery condition. Our client sustained a comminuted fracture to her left ankle and needed emergency surgery. She did make progress following surgery and rehabilitation but was later diagnosed with post-traumatic arthritis. The personal injury attorneys at Gainsberg Law were able to establish liability for the slip and fall accident and point out to the insurance company how the doctor’s office could have protected its patients better and prevented this unfortunate fall. Gainsberg Law then secured a fair and just settlement for our client.
$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.
$250,000.00 Policy Limits Settlement for Wrongful Death of a Passenger in Work Van Collision
On January 21, 2021, a 54-year-old male was working as a packer and mover for a packing company. It was a snowy day, and he was a back seat passenger in a work van. The work van was headed to a job site when a vehicle traveling in the opposite lane of traffic swerved into the van’s lane, causing a head-on collision. The driver of the at-fault vehicle was traveling too fast for conditions and lost control of the vehicle. he male worker and victim of the auto collision suffered catastrophic injuries and died a few hours after being transported to the nearest hospital. The family of the victim hired the wrongful death attorneys at Gainsberg Law. Our attorneys were able to establish fault quickly on behalf of the driver that caused the head-on collision, address any workers’ compensation benefits that the victim’s family was entitled to, and gathered the appropriate evidence of economic and emotional loss and support suffered by the victim’s family. As a result, Gainsberg Law secured a settlement with the at-fault driver’s insurance company for the policy limits and obtained some justice to a family that lost a loved one in this tragic accident.
$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]
$240,000.00 for Victims of Rear End Accident Caused by Distracted Driver
On December 11, 2020, our three clients – a 41-year-old female, a 39-year-old female, and a 48-year-old-male – were on their way home after visiting friends. While stopped at a red light, they were rear ended by a distracted driver. The clients went to the emergency room that day and had injuries to their head, neck, and back. As a result of the collision, they underwent several months of treatment for their injuries. Our clients had physical therapy but also had more aggressive treatment of epidural injections. The auto accident attorneys at Gainsberg Law, P.C. established to the insurance company that the type of collision required and necessitated our clients’ treatment, plus the pain and suffering they experienced. The settlement was negotiated shortly after our clients’ completed treatment.
$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]
$200,000.00 Settlement for Distracted Driving Car Accident
On May 16, 2019, a husband and wife were doing routine errands and returning to their home in York, Illinois. A teenage driver, distracted by her phone, rear-ended my clients’ vehicle that was stopped in the left lane waiting to make a turn. The collision forced my clients’ vehicle to strike an oncoming vehicle on the driver’s side. Following the collision, the fire department had to extract my clients from their vehicle. They were immediately transported to the emergency room. The wife sustained injuries to her head and neck and was stable and released that same day from the hospital. The husband sustained a back injury and was admitted to the hospital for observation but released the next day. Gainsberg Law was quickly able to point out the wrongful conduct of the distracted driver, and the insurance company agreed that its driver was 100% at fault. The clients eventually followed up with pain specialist doctors to treat their injuries. The wife had persistent neck pain that required extensive physical therapy. She was diagnosed with a herniated disk in her cervical spine. The husband had vertigo and a lower back issue that required extensive therapy. Before filing any lawsuit and despite the start of the COVID pandemic, Gainsberg Law obtained six figure compensation for both husband and wife. The couple was extremely pleased with the results and the ability of Gainsberg Law to obtain these settlements shortly after they finished their medical treatment.
$150,000 Settlement for Victim of Rear End Accident Leading to Premature Birth of Baby
On September 7, 2018, our client 39-year-old pregnant women was rear ended while stopped at the red light. At the time of the collision, our client was 26 weeks pregnant with her first child, and which she considered a miracle child due to her age. Our client was transported to the emergency room. She was examined and observed with good fetal movement and no cramping. She was discharged from the hospital with neck and wrist pain. On September 10, 2018, our client experienced contractions and cramping. She was rushed to the hospital where she delivered her baby preterm. The baby boy weighed only 2 pounds and 12 ounces at birth and was immediately transported to the neonatal unit of the children’s hospital. The baby boy remained in the neonatal unit for over 2 months until discharged. While born premature, our client’s son has done exceptionally well since his release from the hospital, exceeding growth charts and other developments, typical of a premature baby.
At first, the insurance company for the driver that rear ended my client disputed that the motor vehicle collision could have caused our client’s preterm delivery. The insurance company pointed out that at our client’s age, she had a higher risk of a preterm delivery. Gainsberg Law was able to secure my client’s medical records and opinions of her treating physicians to show that my client has no health or other conditions that would suggest a preterm birth. We were also able to point out that before the collision, my client was experiencing a normal, healthy pregnancy without any complications. Therefore, we were able to convince the insurance company that the collision was a cause of the preterm birth. Before any litigation, Gainsberg law, secured a settlement of $50,000.00 for the mother due to the premature birth and a $100,000.00 policy limits settlement for the baby boy.
$115,000.00 Settlement for Collision During a Funeral Procession
On October 26, 2020, our client, a 24-year-old female, had just left a funeral of a close family friend. She was riding in the vehicle procession to the cemetery in Harvey, IL when another driving coming toward the procession failed to see the line of cars. Our client’s car, like the other vehicles in the procession, had a funeral sticker on it, its hazards lights were activated, and it was traveling at a low speed. Nonetheless, the negligent driver, traveling at a speed too fast for conditions and trying to beat the funeral procession, struck our client’s vehicle on the driver’s side and spun it around. Our client was transported by ambulance to the hospital. She sustained neck, back, and a left hip injury. After being released from the hospital, she followed up with specialists who recommended a course of physical therapy and an epidural injection to her lower back when the pain persisted.
The car accident attorneys at Gainsberg Law were able to secure witness statements that showed the negligent driver failed to yield to the funeral procession and was at-fault for the collision. The negligent driver was also cited by the responding police officer. Following her recovery, Gainsberg Law’s car accident attorneys negotiated a fair and equitable settlement for our client.
$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.
$105,000 Policy Limits Settlement for Pedestrian Who Suffered Catastrophic Injuries in Crosswalk Collision
On January 28, 2021, our client, a 48-year-old female, was with her husband. She was crossing a street in a crosswalk in Blue Island, IL when a driver failed to see her and struck her in the crosswalk. Our client suffered massive injuries from the collision, including several fractures, head trauma, and spinal issues Our client was hospitalized for several months and had double-digit surgeries. After Gainsberg Law was hired, our car accident attorneys quickly obtained recorded statements of the witnesses and established clear liability of the driver that hit our client. Our attorneys also demanded that the negligent driver contribute to any settlement. Gainsberg Law was able to secure within a few months a policy limits settlement and a personal contribution from the negligent driver. While compensation alone will not come close to making our client whole, she was rendered justice in the fact that the settlement hurt the negligent driver financially and thus constituted an admission that he was in the wrong.
$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.
$100,000.00 Policy Limits for Head-On Collision Involving Multiple Vehicles
On April 15, 2021, our client, a 64-year-old-male, was on his way home from an errand when he was in a multiple-vehicle accident. Our client was going northbound on Cicero Ave in Chicago, IL when a Jeep Liberty, traveling southbound on Cicero at a high rate of speed, lost control, side-swiped a vehicle, crossed the center line, and struck our client’s car head-on, on the driver’s side of his vehicle. Our client suffered a crushing injury to his left leg and hip. He had a broken femur and needed emergency surgery to repair the fracture. He also suffered a fracture to his fibular or left lower leg. Our client was hospitalized for close to a month as he rehabilitated his left leg and hip injuries.
The vehicle that collided with our client’s car had rear-ended another vehicle shortly before losing control and striking our client head-on. The collision with our client caused a fifth car to strike our client’s vehicle and veer off the street and into a fence. In light of the multiple collisions, the auto accident attorneys at Gainsberg Law had to address the injuries sustained and the insurance availability of the at-fault driver. Our client was the most severely injured victim of this collision and Gainsberg Law pointed our that his injuries warranted the policy limits of the at-fault driver. Gainsberg law was able to secure the policy limits for our client within six months of the collision and thereby obtained justice and compensation for our client’s serious injuries.
$100,000 Policy Limits Settlement for Victim of Distracted Driving Intersection Collision
Our client, a 37-year-old male was driving home with his spouse on February 6, 2021, when a distracted driver on the phone ran a red light and struck our client’s vehicle in the intersection. Our client was transported to the emergency room with trauma to his head, neck, and back, plus cuts and scrapes throughout his body. He subsequently developed massive bruising in his lower body. He was recommended scans and a course of physical therapy for his back and neck injuries. Our client also saw a neurologist who diagnosed him with memory loss and other neurologic deficits. As our client’s bruising healed, he developed a deformity in his lower body. A surgeon recommended plastic surgery for the deformity. After Gainsberg Law and its auto accident lawyers presented the evidence of liability and significant injuries sustained to our client, the insurance company for the negligent driver agreed to tender and pay the policy limits.
$100,000 Policy Limits for Client Injured in Accident in an Intersection
Our client, a 45-year-old woman, was traveling through an intersection when she was struck by another vehicle. She suffered injuries to her head, back, and neck, necessitating an epidural steroid injection to her cervical spine. She still has some lingering weakness and discomfort in the back. Gainsberg Law was able to secure a policy limit settlement.
$100,000 Policy Limits Settlement for Rideshare Passenger
Our client, a 57-year-old male, was a passenger in a rideshare vehicle that was stopped at a red light. Another vehicle, travelling at a high rate of speed, reared ended the ride share vehicle. The car accident attorneys at Gainsberg Law, P.C secured the police body camera videos that established the clear negligence of the at-fault driver.
Our client sustained low back pain and a neck injury. An MRI revealed that our client had disk herniations in his cervical spine. Our client underwent several epidural injections to help alleviate the pain. When the pain continued, he was referred to a neurosurgeon, who recommended a cervical fusion. The Chicago personal injury attorneys of Gainsberg were able to secure a policy limit settlement based on the type of neck injury our client sustained and the need for surgical intervention.
$100,000 Policy Limits Settlement for Hit and Run Accident
On May 19, 2019, our client, a 54-year-old male, was rear-ended while stopped at the traffic light at Voyager LN and Plainfield RD in Joliet, IL. The force of the impact caused the front windshield of my client’s car to crack and caused my client’s vehicle to strike the car in front of him. The at-fault driver then backed up and attempted to flee the scene. While fleeing, he rear-ended a motorcycle before finally leaving the scene. Luckily, the victims of the hit and run driver and bystanders took down the license plate of the hit and run offender. The offender was caught, and he eventually admitted to causing the accident.
Our client sustained head and neck injuries. He was rushed to the hospital and released in stable condition after undergoing a serious of tests and scans in the emergency room. As his neck pain persisted and intensified, his treating physician order a cervical MRI. The MRI revealed many disk herniations on multiple levels in the neck. As a result, our client underwent several months of physical therapy and pain management, which included medial branch blocks and cervical radiofrequency injections. Our client’s recovery was slow but eventually his neck pain diminished.
Gainsberg Law, P.C. was able to get justice for its client. The hit and run driver’s insurance company settled for its policy limits of $50,000.00. Gainsberg Law, P.C. also recovered $50,000.00 additional insurance coverage under its client’s underinsured bodily injury motorist benefits, the limits of the UIM coverage.
$100,000 Policy Limits Settlement for Wrongful Death of a Pedestrian
On January 26, 2020, a 58-year-old female was crossing the street when she was hit by a speeding car. The woman passed away at the scene. After the traffic ticket was dismissed against the at-fault driver, her distraught two adult children contacted Gainsberg Law, P.C. to seek justice. Gainsberg Law, P.C. investigated the accident, obtained police reports that the police sought not to release, and received an apology from the driver. With the start of the Covid-19 pandemic, the family of the decedent agreed to resolve the matter for the policy limits of the speeding driver’s insurance policy.
$100,000 Policy Limits Settlement for Pedestrian Struck Crossing the Street Outside of the Crosswalk
On January 5, 2018, our client, a 50-year-old male, was on his way home from work. Every day he crossed a four lane street outside the crosswalk. There was a large median that he would use after he crossed the street halfway. While standing on the medium, he was struck by vehicle making a left-hand turn. Our client fell off the median and sustained a broken left leg. He was rushed to the hospital where he had emergency surgery. The responding officer gave our client a ticket for crossing the street outside the crosswalk. As a result, the insurance company for the at-fault driver denied the claim.
Gainsberg Law, P.C. filed a lawsuit. Following depositions of the driver and the police officer, who stated that the defendant/driver did not see our client, the case settled for the policy limits.
$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.
$100,000.00 Policy Limits Settlement for Passenger Injured in a T-Bone Collision
On February 4, 2021, our client, a 40-year-old male, was a passenger in vehicle driven by his spouse. He was heading home with family when another vehicle failed to yield to a red light and t-boned the passenger side of the vehicle. Our client had to be extracted from the vehicle by EMS personnel and immediately transported to the hospital. Our client suffered a right clavicle fracture and several fractured ribs. He was hospitalized for several days. The car accident attorneys at Gainsberg Law were able to show that the at-fault driver did not stop at a red light and, due to wintery weather, was driving too fast for conditions that made the collision worse. Gainsberg Law was then able to secure the policy limits for our injured clients within 2two months of the motor vehicle accident and obtain the justice our client deserved for his severe injuries.
$95,000 Settlement for Female Passenger Struck by a Lost Driver Near the Airport
On September 22, 2019, our client, a 32-year-old female who works for an airline, was leaving work. She was picked up by her roommate at the airport and was heading home on the same route she always takes. A driver in the lane next to her was unfamiliar with the airport area and apparently missed a turn to get to the terminal. The driver decided to make an illegal U-Turn from the right-hand land and struck my client’s vehicle on the passenger door, right next to where she was sitting. The impact aggravated a previous back injury that my client had suffered at work. My client underwent five months of pain management, including epidural injections and a medial branch block. The case settled within 8 months of the accident.
$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.
$80,000 for Slip and Fall on Improperly Installed Tiles
On January 22, 2020, our client, a 65-year-old male, was travelling south on Fairfield Street in Wauconda, IL when another vehicle attempted to turn left in front of him and collided with our client’s vehicle. The paramedics had to extricate our client from his vehicle before transporting him to a local hospital with back and neck injuries. X-rays revealed nondisplaced fractures to his neck and back. Our client subsequently had physical therapy for his injuries to control his pain. The pandemic also limited our client’s treatment options following the incident.
At first, the insurance company for the other driver disputed several facts of the accident. The car accident attorneys at Gainsberg Law, P.C. pointed out the conduct of the at-fault driver and convinced the insurance company to accept 100% liability for the accident. The car crash attorneys at Gainsberg Law, P.C. were also able to point out that the at-fault driver was impaired. Gainsberg Law then negotiated a fair and just settlement for our client.
$70,000.00 Settlement for Passenger in Head-On Motor Vehicle Collision
On January 21, 2021, our client was a passenger in a van that was struck head on by a vehicle traveling in the opposite direction. Our client was transported to the emergency room and sustained cuts to his face and body. He also suffered from psychological and emotional trauma for not only his personal injuries, but from witnessing the devasting collision and injuries to his fellow passengers in the van. Due to both the emotional and physical injuries that our client sustained, the auto accident attorneys at Gainsberg Law were able to negotiate a quick and just settlement for our client.
$70,000 for Slip and Fall at Mariano’s
On June 26, 2019, our client, a 74-year-old woman, was shopping in the produce section of Mariano’s. The store had failed to observe produce debris on the floor and clean the aisle in the produce section. Several pieces of grapes and other fruit were on the floor, but the small pieces were scattered so it was difficult for a customer to see. While simply going about with her normal shopping and looking at the produce on the shelves, our client tripped on a piece of grape, fell backward, and struck her head on a display table. She was immediately transported to a nearby hospital with head, shoulder, and hip pain. She was diagnosed with a concussion and instructed to see her family doctor. She subsequently sought treatment from a neurologist, underwent a neuro psychological examination and saw a psychotherapist with respect to her concussion. She also sustained a tear in her right rotator cuff shoulder, which she opted to treat conservatively without therapy or surgery.
After a lawsuit was filed and extensive negotiations, Gainsberg Law was able to obtain a just and fair settlement since our client had opted for conservative treatment. Our client accepted the settlement rather than waiting for litigation to resume in light of the COVID 19 pandemic.
$67,000.00 for City Work Injured in Motor Vehicle Collision
On November 18, 2018, our client, a 57-year-old City worker, was driving southbound on the Dan Ryan expressway when a vehicle entered her lane of traffic and struck her passenger side door. All airbags in our client’s vehicle deployed, and the car was a total loss. Our client was transported to the emergency room with back, hip, and left finger pain. As a result of the motor vehicle collision, our client sustained a lower back injury and was required to under extensive physical therapy, an MRI, and EMG nerve test. The objective testing confirmed no significant nerve and disk issues with our client’s back and spine, and our client was able to make a good recovery from her back issues. Our client saw an orthopedic hand specialist for her left ring finger pain. He diagnosed her with sprain ligaments in the finger and ordered her to undergo occupational therapy and wear a wrist splint. The therapy was able to resolve my client’s pain issues but she did still experience swelling and bending issues with her right ring finger.
At first, the insurance company for the at-fault driver refused to consider a reasonable settlement for our client’s injuries, describing them as minor and merely “whiplash.” As a result, Gainsberg Law filed suit on behalf of our client and pointed out that she had legitimate, painful injuries to her back and finger. After discovery and a private mediation in front of retired Cook County Judge, Gainsberg Law was able to negotiate proper and just compensation for our client.
$62,000.00 Settlement for Family Injured in a Fire at the Family Home
On June 20, 2018, a gas stove range was delivered to our client’s home. Our client was a 36-year-old mother with her three minor children, ranging in age from 5 to 14. The delivery company failed to secure the gas line to the range. When our client turned on the range, a fire started from the range. Thankfully, our client and her children were able to exit the house safely and the fire was extinguished quickly, with only minor smoke damage to the home. Unfortunately, our client and her children did breathe in the smoke and suffered smoke inhalation injuries. The mother and the two younger children only required a visit to the emergency room and were fine within a matter of days. Our client’s 14-year-old child, however, breathed in more smoke as she helped evacuate the home. She had to make several visits to a hospital and her pediatrician before she fully recovered.
Even though the gas company determined the delivery company made an improper connection between the gas line and the range, the insurance company for the delivery company denied the claim. The personal injury attorneys at Gainsberg Law filed suit on behalf of the family and were able to prove that the delivery company did not have sufficient training for its workers, and its workers improperly installed the oven range, causing the fire. When these facts became clear during litigation, the attorneys at Gainsberg Law secured a fair and just settlement to the family for the injuries and suffering they experienced due to the fire in their home.
$64,500.00 for Client Injured in a Hit-and-Run by an Amazon Semi-Truck and Trailer
On April 4, 2021, our client, a 32-year-old female, was driving near her home on a major street in Oak Brook, IL. A semi-truck with a a large trailer was traveling in the same direction as our client, when the truck driver made an improper lane change and struck the passenger side of our client’s car. The semi-truck shattered our client’s mirror and caused major damage to the passenger side of the car. Rather than pulling over, the semi-truck continued in the same direction, leaving the scene. Our client was luckily able to secure video and photo of the semi-tuck’s license plate. The Police also secured video surveillance of the truck leaving the scene from a nearby red-light camera.
Our client sustained injuries to her head, neck, and abdomen. She had treatment at the emergency room, several scans, and months of physical therapy. At first, Gainsberg Law contacted Amazon and its contractor about the hit and run conduct of the driver and leaving the scene. Neither Amazon nor its contractor responded to the accident attorneys at Gainsberg Law, P.C. and brushed off our request to compensate our client. The police even suspended their investigation since the contractor was out of state and Amazon wasn’t being helpful. As a result, the auto accident attorneys, at Gainsberg Law, P.C. filed a lawsuit against Amazon in the circuit court of Cook County and served them with the legal papers. Once Amazon received the lawsuit they then responded and made sure their contractor took responsibility for the hit and run actions of its driver. This case shows that videos and photos are so important for injured parties to obtain. They establish what happened and allow for justice against those who commit wrongs. The car accident attorneys at Gainsberg Law, P.C. were able to secure a just and prompt settlement for our client after we filed a lawsuit and put Amazon on notice of what damage their hit-and-run driver did.
$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 for Victim of Chicago Police Misconduct during George Floyd Protests
Our client, a 28-year-old African American, along with millions of others across the nation, decided to protest police brutality in the wake of George Floyd’s death in Minneapolis, MN. On June 1, 2020, our client, along with thousands of others in the City of Chicago and throughout the nation, participated in peaceful protests of police misconduct. At this protest on the Northside of Chicago, our client was walking down a residential street with other peaceful protesters when they were approached by a group of Chicago Police Officers in riot gear and armed with batons. At that point, our client started to walk back to his parked car. While walking back to his car, our client saw the police charge at, and start to confront, the protesters. The police gave no warning before deciding to engage with the protesters. Our client eventually was surrounded by the police and explained that he was just trying to get to his car. Several police officers blocked his way, shouted at him, and then charged him. Our client fell to the ground and was continuously struck even though he offered no resistance. After the beating stopped, the Police left our client bleeding in the street and failed to provide any medical or other assistance.
Our client sustained lacerations to his head, a concussion, and injuries to his shoulders, neck, and back. He went to the emergency room that day for his head injury and followed up with doctors for his neck, back, and shoulder injuries. Our client recovered from his injuries but still lives with the scars of being surrounded and attacked by Chicago Police Officers. After we filed a lawsuit against the City of Chicago for violation of our client’s constitutional rights and federal law, the parties were able to reach a settlement of $50,000.00. While the City denies any allegations of wrongdoing, our client was fortunate to have secured videos of the police’s violent conduct taken by bystanders and residents from their apartments and homes. Without these videos, our client would have had an uphill battle to prove his case. The videos helped the Civil Rights Attorneys at Gainsberg Law secure justice for our client and send a message that Police Brutality is wrong, and those that engage in such illegal practices will be held accountable.
$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.