Awarded $1.3 Million
After about four hours of deliberations, 12 jurors unanimously agreed that Plaintiff’s injuries went far beyond 8 months and set the compensation owed to Plaintiff for her medical bills, pain, suffering and loss of a normal life at $1.3 million.
- The Case
On July 28, 2008 the life of a 37 year old Philippine woman was forever changed. The Plaintiff was driving with her son to a local home improvement store to purchase stain for the deck she was refinishing when her car was t-boned by a driver who turned out of a retail store parking lot without seeing her.
- In Depth Look
The Plaintiff suffered from burns due to the airbag deployment, and was initially diagnosed with cervical strains from the impact of the accident. With time, Plaintiff’s pain and problems progressed and medical imaging revealed that her spinal cord was being pressed on by one of her cervical disks. According to her doctors, the result for Plaintiff was permanent chronic pain in the neck necessitating regular doses of pain medication, injections and recommendation for neck surgery to remove the herniated disc.
Prior to trial, the Court determined that the Defendant was negligent. The defense admitted negligence, but denied that Plaintiff was injured to the extent she claimed. The defense hired an expert to say that Plaintiff’s pain and problems were not from a herniated disc, but instead were the normal effects of aging.
Chicago injury attorney, Michael T. Wierzbicki, stated, “This wasn’t a battle over who caused the accident, rather what the damages should be set at.”
The defense argued that Plaintiff recovered after 8 months of treatment and thus, should only be compensated for those 8 months.
Attorney Michael Wierzbicki and Michael Carter proved that brief temporary improvements in Mrs. Santos condition were the result of steroid injections providing temporary relief and not improvement of her underlying problem. The injuries from the crash will affect Plaintiff for the rest of her or the rest of her life.
As trial came to a close the defense counsel argued to the jury that they should compensate Plaintiff only for the medical bills incurred for the first 8 months after the crash, an amount of around $38,000 with a nominal amount for pain and suffering. Attorneys Carter and Wierzbicki argued that the crash caused Plaintiff significant and severe personal injury which resulted in substantial pain, suffering, medical care and loss of her normal life.
David Starshak, a new Chicago injury attorney, participated in his first jury trial. He played a key role in witness presentation and trial preparation.
“The jury saw the injury was more than just a medical diagnosis, rather it impacted every aspect of her life. The wisdom of the jury system prevailed over the whims of an uncaring insurance company,” said attorney David Starshak.
The Plaintiff’s life prior to the crash epitomized the ‘American Dream.’ After spending her early life in the Philippines where she was licensed as a nurse, Plaintiff moved her family to the United States. Plaintiff worked as a nurse at a hospital (where she lived in a dorm) while her husband stayed at a friend’s apartment with their son. Eventually they saved enough money to rent an apartment, then get a car, and finally buy a home.
Attorneys Michael Wierzbicki and Michael Carter are honored to have represented Plaintiff.
- Contact Us Today
Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your injury and any questions you may have. You can also email us or even speak with us right now on LiveChat, located in the lower right corner of the screen. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Record. Please call our Chicago office at (312) 372-8822, or our Joliet office at (815) 723-8822, or you can call our toll free number at (800)-985-1819.