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Motorcycle Accident Case Review: Delayed Onset Injury

Specific details and identifying information has been changed in order to protect the confidentiality of the settlement agreement. What seemed to be minor injuries resulting from a motorcycle accident turned into much more for our 45-year-old client Mr. G, who suffered from delayed onset injury. A month after his accident, Mr. G noticed his right shoulder was not getting better. With mounting medical bills and no help from insurance, unfortunately Mr. G’s case is all too typical for motorcycle accident injury cases.

The Motorcycle Accident

Mr. G was riding his bike down the road, enjoying the weather when a woman in a brand new silver SUV, two lanes over, realized she had missed her left turn. She pulled hard on her steering wheel to get over, swerving her vehicle from the far right lane to try to make her turn. Instead of making a left turn, she crashed her vehicle into our client, and into the center turning lane. Mr. G was thrown from his motorcycle, thankfully protected by his helmet and padding, able to walk away from the accident with what appeared to be minor injuries. His bike was not so fortunate it was completely totaled. Still, Mr. G was grateful to be alive – he’d seen accidents like this with other riders and knew how bad it could have been. The only thing that bothered him, besides the wrecked bike, was the pain in his right shoulder where he’d hit the ground. With time and rest, Mr. G thought it would get better but it didn’t – the pain continued and got worse. When his right shoulder seemed to not be healing, he knew he had a problem. Mr. G went to his doctor to find out what was going on and scans revealed several right rotator cuff tears and a bicep tendon tear. Mr. G was told that it can only get worse over time and that he needed surgery. And as much as he wanted to get it done, he knew that he couldn’t afford the lost time from his business. There was just no way he could be out of work for 6-8 weeks while recovering from shoulder surgery. He didn’t have employees who could help him and he owned his own home so he tried every non-operative option available. Many were considered experimental by his insurance company and they wouldn’t cover his claims. To make matters worse, the hospital bills started to arrive in the mail. The cost of his emergency care was so high that the bills ate up almost half of the money he could get through the at-fault insurance within the $50,000 policy limit. This meant that after the hospital was paid for his care, there wouldn’t be enough money left over to cover the surgery, let alone compensate him for lost wages, pain and suffering resulting from his motorcycle accident. Out of options, out of patience, and running out of money, Mr. G knew he had to do something before his life spiraled out of control.

That’s when Silkman Law Firm Injury & Accident Lawyer got involved.

On the advice of a close friend, Mr. G contacted us to help him deal with his case. He was anxious about the process and wanted to make sure that we were going to be able to take care of him. Starting with his free case review, we were able to help Mr. G understand exactly how we would pursue his case and the kind of results we thought we could help him achieve. We began gathering all of Mr. G’s insurance information and discovered he had an underinsured policy on his work truck. Working with his orthopedist, we put together a demand package to the at-fault insurance carrier that was based solely on future medical bills and lost wages. The Settlement At the time we submitted a demand package, Mr. G had not had the surgery and was unsure if he would be able to based on the financial complications of the situation. Through our experience in cases like this and our persistence in dealing with insurance companies, we were able help Mr. G secure the entire $50,000 policy limits from the at-fault insurance company. Ultimately we secured the entire amount available within the underinsured policy limits the client had on the policy covering his work truck. After that we went to work on reducing the outstanding medical bills, securing arrangements with medical providers to bring the outstanding expense amounts down so that Mr. G can get on with his life. When all was said and done, Mr. G had the money he needed to pay his outstanding medical bills and his surgery. He had enough in reserve to cover his personal expenses, including his mortgage, while he recovered from surgery. Today Mr. G is back on the road, enjoying his bike and his life. Sometimes it takes a few days or weeks for the true extent of injury to be known. If you’ve been involved in a motorcycle accident and are suffering delayed onset injury, it can cost you in lost wages, medical bills, and pain and suffering. It’s time to get the help you deserve. If you or a family member has experienced a motorcycle accident injury, you don’t have to handle it alone. Contact us or call Silkman Law Firm Injury & Accident Lawyer at 602-535-5899 today for a free case consultation.

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Slip and Fall Personal Injury Case Study

Contact Us Today Specific details and identifying information has been changed in order to protect the confidentiality of the settlement agreement. Our client Ms. M was out shopping on Saturday afternoon at a major chain grocery store when she slipped and fell in an aisle. Embarrassed, in some pain, a little shaken, and annoyed by the fall, she continued her shopping trip and then headed home. A few days after the fall, the pain that she experienced from the fall persisted and continued to get progressively worse. She became concerned that she had seriously hurt herself as a result of the fall. Ms. M went to visit her doctor who told her that she had likely sustained injuries that would require working with a physical therapist in order to deal with them. However, a few months into treatment, it was discovered Ms. M’s condition was so serious that it required her to get surgery. Her injuries took a long time to treat, costing her money and time out of work – neither she could afford. The injury also hurt her family – she wasn’t able to care for them or her home as well as she wanted. In addition to the pain and difficulty she experienced, Ms. M was getting nowhere with the store or its “loss department.” They made her a settlement offer that seemed very low and unwilling to consider a higher amount. Frustrated that she might have to accept an amount that wouldn’t even pay for all of her medical bills she already owed, Ms. M decided that she needed to get help with her situation. Ms. M started her search for a personal injury attorney by interviewing three different, well-established personal injury firms. Unsatisfied by their responses, she scheduled time with Alex Silkman of the Silkman Law Firm Injury & Accident Lawyer. “ addressed my concerns in a detailed yet easy to understand answers,” said Ms. M. “… was interested and eager to take on my case. He was honest about possible outcomes or stumbling blocks that could arise. His experience in similar cases and his demeanor gave me confidence.” At the outset of the case, Alex Silkman of the Silkman Law Firm Injury & Accident Lawyer completed an exhaustive review of the client’s case. He reviewed medical records, evaluated the security tape at the time of the fall, and requested the sweep log for the store’s internal maintenance team. Despite delaying tactics on the part of the store and its insurance company, Alex and his team were able to uncover that the corporate required periodic inspections were not being followed and that the accident was entirely preventable. During the presentation of the case facts, Ms. M was required to provide direct testimony regarding her accident. “I felt shielded from the unpleasantness that may happen in legal disputes when answering the defense attorney’s written questions or at my deposition,” said Ms. M. After presenting the argument and the evidence, Ms. M ultimately was offered a settlement amount that was nearly 20 times the amount originally offered to her by the insurance company. It was more than enough to cover the costs of her medical coverage, the lost time from work, and give her additional time to recover from her injuries. Thankful for the exceptional outcome and the experience, Ms. M concluded with, “Mr. Silkman was also very attentive to my welfare. He checked on my progress in physical therapy, was a sympathetic ear during my setbacks and cheered my triumphs. He’s an excellent attorney and a good person. I’m quite satisfied with the settlement he obtained for me.” If you or a family member has experienced a slip and fall injury, you don’t have to handle it alone. Contact us or call Silkman Law Firm Injury & Accident Lawyer at 602-535-5899 today for a free case consultation.

Rollover Crash Case

Client Case Review – Rollover Crash Case

Contact Us Today Windows open, music blasting, Mr. J was headed south on the 101 to work when his whole world exploded into chaos. Eyes alertly watching the road, Mr. J could see a large 18-wheel truck turn on its blinker and start moving into his lane. The problem for Mr. J was that the big rig truck was moving into the space he was already occupying. Scared, Mr. J slammed on his horn to alert the truck driver but he was ignored. Knowing that if he didn’t take action he was going to be killed by the truck, he jerked the wheel quickly to the left. At the speed Mr. J was travelling, the move was a dangerous one. A sense of panic rose within him as he felt the car dramatically shifting to the left. He pulled the wheel quickly to the right to keep himself from going off the road but it was too little too late. The swerving caused the vehicle to lose it’s connection to the road and he could feel himself lifted upwards against the seat belt as the car flipped over. The sound of shattering glass, tearing steel, and screeching tires filled his ears before he lost consciousness. When he awoke, emergency crews were on the scene, cutting him free from the seat belt. His whole body was in pain. The Facts Fortunately the truck driver did the right thing and pulled over quickly. A quick review of the scene by the police resulted in a citation being issued against the driver. It was clear that the truck driver had caused the accident. Mr. J was rushed to the hospital where the emergency room doctors identified he’d sustained multiple injuries that were all very severe. During the process of patching him up, doctors warned Mr. J that some of the injuries were going to take a long time to heal and that he may even lose some of his range of motion. As a man who worked for a living, Mr. J wasn’t just hearing about the pain of his upcoming recovery. He was hearing from the doctors that he wasn’t going to be returning to work for a long time. Something he just couldn’t afford. The Case A week or so after leaving the hospital, Mr. J called the truck driver’s insurance company. While making the phone call and speaking with their adjuster, Mr. J thought “their guy was at fault for the accident so his insurance company will start taking care of me, right?” Wrong. Shortly after the phone call, Mr. J received a call back from the truck driver’s insurance company. Their “investigation” revealed that it was Mr. J’s speed that was the primary cause of the accident, not their driver and his negligent lane change. Mr. J’s claim was denied. Realizing right away that he needed expert assistance to help him deal with this case, Mr. J contacted Silkman Law Firm Injury & Accident Lawyer to review the situation. The Outcome Not one to take no for an answer, Silkman Law Firm Injury & Accident Lawyer filed a lawsuit. A few months later, the case was successfully negotiated and settled in private mediation for a confidential sum. The outcome was that Mr. J received a significant five-figure settlement—this after attorney fees and medical bills were paid—allowing him to get back to his normal life. If you have been seriously injured in an auto accident, don’t go up against the insurance company alone. Contact us or call the Silkman Law Firm Injury & Accident Lawyer for a free case evaluation at 602.535.5899.

bicycle accident lawyers

Bicycle Accident Case Review: Following Precedent

Contact Us Today Specific details and identifying information have been changed in order to protect the confidentiality of the settlement agreement. Riding a bicycle on a gorgeous day should be a leisurely and enjoyable time, but for one of our clients, it turned into a harrowing experience that threatened to put him at fault. Luckily for him, he contacted the skilled bicycle accident lawyers at Silkman Law Firm Injury & Accident Lawyer, where we found the legal precedent to win his case. The Bicycle Accident Mr. H was riding his bicycle down Lincoln Drive in Scottsdale, heading east on the north side of the road, riding against traffic on the sidewalk. He had biked this route for years because there was neither a bike lane nor a sidewalk on the south side of that part of Lincoln, so this was the safest choice. As he approached an intersection, the light was green and the walk sign was lit for the crosswalk. As Mr. H entered the crosswalk, a southbound car stopped at the intersection in anticipation of turning right to continue westbound on Lincoln. Mr. H thought he and the driver had made eye contact, so he entered the crosswalk. But as he did so, the driver accelerated into his right turn, colliding into Mr. H’s left leg. When the police showed up at the accident shortly thereafter, they did not cite Mr. H or the driver of the car. They did, however, threaten MR. H and document the conversation in the police report that Mr. H was lucky he was not cited for traveling against traffic on the wrong side of the road. Noting the officer’s remark, the driver’s insurance company stated it was their position that Mr. H was 70% at fault for being on the wrong side of the road. The company only assumed liability for 30% of the accident. What the Law Says We began to conduct research on past cases to find legal precedent that would help Mr. H’s case and discovered Maxwell v. Gossett. That case had facts very similar to Mr. H’s. In that case, a young boy was riding his bicycle home from a store on the northwest corner of an intersection. As he was attempting to ride east across the intersection, crossing on the north side of the road, he was struck by a car and killed. One of the main point the defendants argued was that they weren’t liable because the boy had been on the wrong side of the road and riding against traffic. The court disagreed. They said in part that it was not unlawful to ride a bike in a crosswalk and that it didn’t matter what his direction of travel was since he was hit while in the crosswalk. The defendants in that case lost the argument. The Settlement Armed with this information, we drafted a demand letter to the insurance adjuster citing this case, along with other relevant statutes, to point out the error of their judgment. We told the insurance agency that if they didn’t accept 100% liability, we would file a lawsuit on Mr. H’s behalf. Within 30 days, the insurance company changed their position and accepted 100% liability. Because their settlement offer was insufficient, we did file a lawsuit, but through negotiations, we settled shortly thereafter. Mr. H received a settlement of nearly $25,000, which covered his soft-tissue injuries incurred in the collision. If you or a loved one has been involved in an accident and told that you were at fault, we may be able to help. Oftentimes, there are cases that support your stance. Since we know the law and the cases, we can fight for you and get you the outcome you deserve. Contact us or call Silkman Law Firm Injury & Accident Lawyer at 602.535.5899 today for a free case consultation