In this case, our client suffered a Galeazzi fracture, which is a radial shaft fracture of the right arm with 100% displacement. She sustained this injury in a car accident in Brockton, Massachusetts.
How the Accident Happened
Our client was driving through an intersection with a green light and another vehicle, driving in the opposite direction, attempted to make a left hand turn at the intersection. The defendant turned directly in the path of our client’s vehicle as she drove through the intersection. The two cars collided causing significant damage to the cars and serious injury to our client.
Our Client’s Injuries Suffered in the Accident
Immediately following the accident, our client was treated by EMTs at the scene and transported by ambulance to the emergency room at Brockton Hospital. She was evaluated by an orthopedic doctor and surgery was scheduled. She underwent an open reduction internal fixation where a seven hole titanium plate and screws were attached to the fracture in her arm.
Following the surgery, she completed a conservative course of physical therapy and made a quick and incredible recovery.
The Insurance Companies Initial Position
The other driver’s insurance company initially placed blame on our client for causing the accident. They based their conclusion on the police officer’s report and the statement of the defendant (their insured).
The police officer wrote a Motor Vehicle Crash Police Report, which stated that the defendant did not see any vehicles coming from the opposite direction before she attempted to make a left hand turn in the intersection. The defendant also told the police officer that our client was speeding through the intersection. Additionally, a witness to the accident also talked to the police officer. The officer’s report indicated that the witness said our client accelerated through the intersection. Our client, however, was not cited for speeding or any other civil traffic violations.
Based upon these facts, the insurance company refused to accept liability. We took immediate action.
How We Took Legal Action
As soon as we learned the insurance company would not accept liability, we sent private investigator out to locate the witness. Our investigator was able to track down the witness and obtain a statement from her. The witness’s statement to our investigator was much different than the statement the police officer put in the report. This witness saw the accident and said that our client slightly increased her speed, but was not speeding through the intersection. We also accompanied our investigator to the scene of the accident so we could take photographs and get a personal view of the intersection.
Another important factor in this case was that the police office never spoke with our client. Our client was immediately treated by the paramedics at the scene and transported to the Brockton Hospital emergency room. Therefore, the police officer never got our client’s version of how the accident happened.
We filed a personal injury lawsuit immediately and began the discovery process. Certain facts that we uncovered during discovery were essential to the successful handling of this lawsuit.
Once the majority of the discovery was completed, our office proactively began to negotiate with the insurance company. The insurance company agreed to mediate this case. At the mediation, we were able to obtain an offer of $66,000 to settle the lawsuit. Our client accepted the offer and the case was resolved.
Get Legal Help Today
If you have been injured in a car accident and the insurance company claims the accident was your fault, you should consult with an experienced personal injury lawyer. Feel free to call us at (508) 879-3500 or contact us online. We offer complimentary case evaluations and are more than happy to answer your questions.
