Policy Limit Settlements On Difficult Bodily Injury And Wrongful Death Claims
On January 23, 2005, Robert and Beverly Doe were on there way to Church when they were involved in a serious accident. Robert turned left in front of an oncoming vehicle and his wife was instantly killed in the collision. Robert was airlifted to the hospital where diagnostic tests revealed that he had a fractured sternum and contusion to his right lung.
The homicide report indicated that Robert was responsible for causing the accident because he turned left in front of oncoming traffic. However, Mr. Cunningham located additional witnesses to the accident who said that the other driver had entered the intersection at a high rate of speed in an attempt to "beat" the yellow light. The newly discovered witnesses established that the other driver had run the red light and that Robert was not at fault for causing the accident.
With the new information, a policy limits settlement was achieved with the at fault driver and Mr. Doe's underinsured motorist carrier for a total of $200,000 on the wrongful death claims. Later, Mr. Cunningham was also able to achieve a settlement for the available liability and underinsured motorist coverage for Mr. Doe for $200,000 in connection with the permanent lung injuries which he suffered as a result of the accident.
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