Mr. R. worked as a flagger for a construction company, helping to direct traffic in construction zones. One day, a car sped through a construction zone and hit Mr. R. The impact caused a hernia Mr. R had surgically repaired several years before to re-open, requiring surgery, and also injured his back and arm. Mr. R tried to settle his case without filing a lawsuit, but State Farm refused to make him a settlement offer. Michael Ruppersburg, our Athens Car Accident Lawyer, filed a lawsuit, prepared the case for trial and secured a $500,000 settlement for Mr. R, which was more than four times his medical bills and lost income.
The Pedestrian Car Accident
Mr. R’s company was doing construction work on a road in Henry County. Mr. R was working as a flagger, where he held the sign telling approaching cars to slow down or stop. A driver came speeding into the construction zone, ignoring Mr. R’s “slow down” sign. As the driver passed Mr. R, his mirror struck Mr. R’s arm, which was holding the sign. The driver, realizing what had happened, stopped. Mr. R pulled out his phone and stepped behind the car to take a picture of his license plate while one of his coworkers called 911. The driver knew he was in trouble and began backing up his car to get away. He backed into Mr. R, knocking him to the ground. He then sped off and was later caught by the police and charged with hit and run.
Injuries Sustained In the Accident
Mr. R’s supervisor took him to the emergency room at Piedmont Henry. He reported pain in his stomach, left arm, and bac,k and doctors diagnosed him with an umbilical hernia, which is where part of your intestines bulge through a tear or opening in your stomach muscles. Mr. R had an umbilical hernia repaired in that same spot seven to eight years before the accident, so doctors told him the accident probably tore it open again. The hospital referred him to a surgeon to evaluate the hernia and an orthopedist to treat his arm and back.
When Mr. R saw the surgeon, he diagnosed him with an incarcerated hernia, meaning the portion of the intestines that’s sticking through the stomach muscles is stuck and won’t go back in. The surgeon told Mr. R he would need surgery to repair it. The surgery involved freeing the portion of the intestines that was sticking through the stomach muscles, pushing it back into the stomach, and then stitching up the hole in the stomach muscles using stitches and a special mesh that holds everything in place while the muscles heal. While the surgery went well, the recovery process was long. Mr. R couldn’t lift anything over 5-10 pounds for several months while his stomach healed, and because he worked for a construction company, he was out of work for several months.
Mr. R also saw an orthopedist for the injuries to his back and left arm. The doctor ordered MRIs, which did not show any broken bones or herniated discs. The doctor diagnosed him with sprains/strains and referred him to physical therapy. Mr. R’s injuries got better with physical therapy, and he was eventually cleared to return to his job.
Result of the Lawsuit & Settlement
Mr. R did not want to file a lawsuit and tried to settle his case with State Farm before doing so. However, State Farm denied they were responsible and refused to make Mr. R a settlement offer. He then retained Michael, who filed a lawsuit against the other driver. Michael proved that the other driver was responsible for the accident and that the accident caused Mr. R’s injuries. Before the case went to trial, State Farm offered a $500,000 settlement, which Mr. R accepted. We’re glad to have helped Mr. R with his case.
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If you are a loved one is injured in a car accident, Michael Ruppersburg can help. Contact us today for a free consultation.