$825,000 SETTLEMENT – Client Receives Significant Compensation After Severe Motor Vehicle Accident Leads to Loss of Lung Function

While working for his employer, our client was driving southbound on ProMedica Parkway in Toledo, Ohio, near the intersection of ProMedica Parkway and Central Avenue. Another vehicle was nearing the stoplight while driving eastbound on Central Avenue. Our client, having a green light, began to turn left onto Central Avenue. However, at the same time, the other driver experienced a medical emergency and drove through the stoplight, causing her to smash into the side of the client’s vehicle. The Toledo Police Department arrived at the scene and found the other driver had a suspended license, which she was cited for. Our client was taken by the Toledo Fire Department to Toledo Hospital to be evaluated for the pain in his left shoulder, chest, and neck. After an evaluation and a CT scan, doctors found the client suffered a closed fracture of his sternum and hematoma of his neck. He remained in the hospital for two days.

After several months of misdiagnoses, it was eventually discovered that the client suffered unilateral diaphragmatic paralysis as a result of his fractured sternum. This condition caused his left lung to lose function, leading to severe shortness of breath and restricted mobility. After extensive research, the client found a board-certified surgeon in another state who could treat his rare injury. Over the course of his recovery, the client underwent phrenic nerve repair surgery, psychological treatment, physical therapy, numerous hospital admissions, and was seen by multiple specialists in an effort to regain as much function as possible.

After the client contacted our office, Charles Boyk and his team quickly began helping the client find the specialists he needed and started investigating to find insurance coverage. Unfortunately, the at-fault driver only carried state-minimum coverage, and the client’s personal insurance company denied coverage because of a work-related exclusion in their policy. However, our team at Charles Boyk Law was able to secure additional coverage through the client’s employer’s auto insurance policy. This was possible because the client was driving within the scope of his employment at the time of the accident. Using reports from the client’s doctors and a statement from the client, our office recovered the at-fault driver’s policy limits and negotiated a settlement with our client’s employer’s insurance. Ultimately, our client accepted a total settlement of $825,000.00 without the need to file a lawsuit. In addition to this personal injury settlement, our team is still handling the client’s workers’ compensation claim to secure additional compensation.