Case Results

$325,000 SETTLEMENT- Rear-end accident leads to a lifetime of pain and suffering

At approximately 6:00 PM on an evening in May, our client was traveling on Bancroft Street in Toledo, Ohio. As he was stopped at the intersection of Woodbridge and Bancroft, another driver, traveling at approximately 40 mph, failed to stop and struck the rear end of the vehicle our client was operating. The rear-end collision caused a “chain-reaction” sending our client’s vehicle slamming into the vehicle in front of him.

Five days after the accident our client continued to suffer from excruciating pain and sought treatment from his primary care doctor for ongoing pain in his right knee, neck and low back. Our client was referred and underwent physical therapy for two and a half months for the pain in his neck and back. After physical therapy our client continued having neck and back pain which interfered with work and sleep. He was severely limited in his lifting abilities and daily living such as sitting, standing, or lying down for an extended period of time. Over the next two years our client underwent chiropractic treatment for his ongoing pain. Eventually our client was diagnosed with a cervical disc bulge and a thoracic disc herniation which were opined to be permanent in nature. Our client had a medical evaluation and was assessed at having a 29% whole person impairment resulting in physical limitations.
At the time of the accident our client was a self-employed automation machinery service repairman. After the accident he was unable to perform many of the expected job duties and had to hire an employee to assist him. Due to the accident our client suffered not only significant physical injuries but financial damage as well.

Our office was retained and filed a lawsuit in the Common Pleas Court of Lucas County. Throughout the course of litigation our client continued to experience significant pain and physical limitations. Because our client required additional medical treatment our office voluntarily dismissed his lawsuit under a Civil Rule 41(A) mechanism. Our client then continued to seek medical treatment and underwent a procedure placing a spinal cord stimulator to manage his ongoing pain. At the appropriate time, our office then re-filed his lawsuit, including a claim for his additional medical treatment. Shortly before his case was expected to go to trial our office was able to negotiate a settlement in the amount of $325,000.00 on behalf of our client to compensate him for the medical expenses he incurred, lost income, and pain and suffering.

Charles E. Boyk Law Offices, LLC