$615,000 Settlement For Construction Superintendent Severely Injured in Rollover Accident

Our client was a construction superintendent, who was driving his work truck to his home in Roswell from a project site in Rome. As he was traveling southbound on I-75 in Cobb County, his truck slowly drifted left from the far left lane until it went off the roadway. According to an eyewitness, our client then jerked the wheel to the right, which caused the truck to overturn and flip several times, resulting in our client being ejected from the vehicle. The witness stated that it appeared as that he had fallen asleep, and suddenly awoke when he went off the road. After such an accident, our client was lucky to be alive. He suffered multiple severe injuries, including a closed head injury, multiple pelvic fractures, a broken arm, and nerve damage in his right leg resulting in foot drop. Our client was in a coma for about three months following his accident. He received treatment as in inpatient for several months at Shepherd Center in Atlanta. After being discharged, he required intensive follow up care with multiple specialists for well over a year.

We were hired to represent him following his release from the Shepherd Center. By this time, our client had already been approved for Social Security disability benefits. After explaining to him that he did not have anyone to pursue regarding a liability claim, we assured him that we would be able to get him compensated for his injuries through workers' compensation. He was receiving $575 per week in temporary total disability benefits, and was being provided medical treatment by his employer's insurance carrier. We obtained and reviewed voluminous medical records, and then set up a meeting with our client and his nurse case manager.

During this initial meeting, we were able to gain a better understanding of our client's physical and mental status, and came to an agreement regarding a plan of action regarding future medical treatment. Over the next several months, we were able to address all of our client's concerns regarding his injuries and treatment. At a follow up meeting, our client informed us and his case manager of his intention to move out of state within the next few weeks. We counseled him regarding the effect such a sudden move would have on his ongoing medical care, but were unable to convince him to postpone his relocation. Following his move, we were able to facilitate his medical needs through the cooperation of his case manager and claims adjuster.

After moving out of state, our client's primary goal was settling his case. We conveyed this desire to the insurer, and they indicated that they were also interested in resolving the claim. Due to the projected size of the settlement and the fact that he was on Social Security, Medicare's interest needed to be taken into account. As such, the insurer went about preparing a Medicare Set-Aside (MSA), which was ultimately approved by the Centers for Medicare & Medicaid Services (CMS), prior to us finalizing settlement. As we were nearly two years post-accident at that point, and our client was not receiving anywhere near as much treatment as he had in the time shortly after his accident, the MSA proposal was a reasonable $85,000. It took a few months to reach an agreement on the indemnity portion of a settlement. We were eventually able to convince the insurer to pay $530,000 in addition to the $85,000 MSA to settle the claim. Prior to settling his claim for a total of $615,000, our client had received $85,100 in income benefits and a staggering $2,500,000 in medical expenses paid by the workers' compensation insurer.

If you or a loved one has suffered injuries caused by a construction accident, consult our knowledgeable construction accident attorneys today.

Our law firm is located in Atlanta, and our lawyers have years of experience helping workers injured in on-the-job accidents pursue the financial compensation they are entitled to. Whether your construction site accident was caused by a defective power tool, scaffolding that was improperly erected, inadequate safety equipment, or insufficient employee training, our experienced construction site accident lawyers can help you protect your legal rights and pursue the compensation you deserve. Contact us today for a free consultation to discuss your legal options.

$615,000