McCutcheon & Hamner

$1.1M

Truck Accident

This accident occurred in Madison County, Alabama when a commercial plumbing truck lost control, crossed the median, and struck our client head-on on South Memorial Parkway. Our client, who had a history of back pain, was required to undergo multiple back surgeries after the accident. Initially, the insurance company denied liability arguing that our client’s back surgeries where as the result of pre-existing conditions and not the injuries he sustained in the accident. After filing suit against the plumbing company and it’s driver, it was discovered that the driver had a history of accidents and traffic violations. During the depositions of the clients treating physicians, I obtained testimony from the clients neurosurgeon that he was of the opinion that the injuries our clients sustained in the car wreck necessitated the surgeries. After completing discovery and the doctors deposition, the defendant’s insurance company tendered their policy limits of $1,000,000. In addition, our client had $50,000 of underinsured motorist coverage which was paid to our client as well.

$66,500

Worker’s Compensation

Our client was on the job and while climbing into his 18-wheeler fell out of his truck and suffered a head injury and as a result developed dizziness and vertigo and was unable to continue his career as a truck driver. The defense attorney’s position was that my client did not sustain a head injury and that his dizziness and vertigo were unrelated to his on-the-job injury. Our client received temporary total disability payments in the amount of $1,461.67 and his medical expenses in the amount of $3,284.13 were paid. The defense claimed that was all the compensation he was entitled to.

$800,000

Truck Accident

This case occurred in Colbert County, Alabama. Our client suffered neck injuries and a severe concussion when a moving company truck failed to yield the right of way and turned in front of our client. Although the moving company admitted liability, the insurance company argued that our client’s neck injury and resulting surgery was as the result of arthritis and that any issues from the concussion should have resolved quickly. After filing suit, we undertook extensive discovery of the defendant driver’s work history and the safety policies of the company. Through discovery, we established that the defendant company had failed to comply with most of the Federal Motor Carrier Safety Regulations and that the driver should not have been allowed to be on the road. The parties were ordered to mediation and the case was settled at that time.

$300,000

Automobile Accident

This accident occurred due to the defendant driver running a stop sign, failing to yield the right of way causing the accident which resulted in Ms. Hubbard receiving injuries neck, back and hip. Our client had medical bills in the amount of $38,634.93 and lost wages in the amount of $21,000.00.

$600,000

Truck Accident

This case occurred in Colbert County, Alabama. Our client lived in Mississippi and was traveling east on highway 72 when a tractor trailer driver without warning turned across the median and struck our client in the driver side door. Our client was transported to the emergency room via ambulance and the truck driver told the investigating officer that our client had entered into the turn lane and struck his truck on the front right corner. Within 24 hours of being hired by our client, we had our investigative team at the scene of the accident. Our accident reconstructionist, through evidence gathered at the scene, was able to determine that the story of the truck driver was not true and that the truck driver had failed to yield the right of way striking our client in her proper lane of travel. The tractor trailer driver and his company were located in Chicago, Illinois. After filing suit, the deposition testimony of the defendant driver was taken in Chicago. The owner of the truck and the company representative failed to appear for his deposition. After several attempts were made to obtain the deposition of the company driver, we learned that the company owner had been extradited to another company via Interpol. After this discovery, the case settled for policy limits.

$120,000

Automobile Accident

This automobile accident resulted from the plaintiff being t-boned at a red light by a driver who was driving under the influence of meth. Our client received injuries to his left hip, suffered a broken rib and injured his neck in the accident. The defendant driver’s insurance promptly paid their policy limits of $25,000.00. At that time, we made a claim against my client’s uninsured/underinsured motorist coverage. The UM/UIM carrier offered to settle all claims for $2,332.02. Given the facts of the accident and the defendant driver’s erratic behavior at the scene of the accident, at that time we counteroffered to settle with the uninsured/underinsured motorist coverage carrier for the policy limits of $100,000.00. The carrier countered back with a final offer of $22,688.02. The case proceeded to trial where the plaintiff received a verdict of $95,000.00.