Boyk Law Helps Injured Social Worker Receive Substantial Settlement
Douglas Kidd, a 65-year-old social worker, was involved in a serious accident while driving one of his clients to an appointment in Toledo, Ohio, on March 2023. While lawfully entering an intersection and preparing to make a left turn, another driver ran a red light and collided with his vehicle. Douglas was transported to Toledo Hospital, where he was diagnosed with a fractured sternum and admitted for two days. Unfortunately, this was just the beginning of Douglas’s hospital visits.
After several misdiagnoses, doctors finally identified that Douglas suffered damage to his phrenic nerve, resulting in diaphragmatic paralysis due to chest trauma. This caused his left lung to lose function, explaining his ongoing shortness of breath and limited mobility. As this is a rare injury, no Ohio doctor could treat it. Douglas took matters into his own hands to learn and understand his injury. His research led him to a surgeon in New Jersey who specialized in phrenic nerve reconstruction. After consultations, Douglas traveled to New Jersey for a successful surgery.
Douglas initially hired a law firm that focused primarily on workers’ compensation. Unfortunately, that firm went weeks without returning Douglas’s phone calls and missed an appeal deadline on his workers’ compensation claim. Disappointed, Douglas switched to our office after a recommendation from a friend.
We obtained the police report and pressed the defendant’s insurance to pay the $25,000 policy limit. Next, we looked at Douglas’s uninsured motorist insurance. However, his auto insurance policy had an exclusion for accidents while driving in the scope of employment, leading to a denial of coverage.
Undeterred, we reviewed his employer’s insurance policy. To our surprise, it had $1 million in uninsured motorist coverage and no workers’ compensation exclusion.
To support the case, we obtained reports from several of Douglas’s doctors addressing the proximate cause, prognosis, future limitations, and future medical costs. Our team then negotiated his health insurance and workers’ compensation liens to maximize the amount of money Douglas would receive. In the end, we settled his underinsured motorist claim for $800,000, bringing his total settlement to $825,000, while also ensuring his future treatment through workers’ compensation.
After addressing liens, expenses, and attorney fees, Douglas recovered a significant portion of the settlement, which he used to purchase a new house. Motivated by his experience, Douglas is pursuing a graduate degree in Disability Studies at the University of Toledo. Looking ahead, he plans to retire from his full-time position in social work and dedicate himself to writing. With the financial security provided by this settlement, he’s excited for a future as a full-time disabled scholar and advocate, using his experiences to inspire and create meaningful change.