Proactive Client Helps Turn A Tough Case Into a Significant Settlement
Douglas Kidd is a 65-year-old social worker. In March 2023, he was in the scope of employment, using his own car to drive one of his clients to their appointment in Toledo, Ohio. When he lawfully entered the intersection and began to make a left-hand turn, a private car ran their red light and smashed into his vehicle. The Toledo Police Department arrived at the scene and found the other driver had suffered a medical emergency. Our client was taken by EMS 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 that Douglas had suffered a closed fracture of his sternum and a hematoma of his neck. He remained in the hospital for two days. Within a month of the accident, however, Douglas had to return to the emergency room due to severe shortness of breath and anxiety. A few weeks after that, he was re-admitted for an additional three days for further treatment.
After countless appointments and misdiagnoses, it was eventually discovered that the client suffered damage to his phrenic nerve, resulting in diaphragmatic paralysis, due to chest trauma. This condition caused his left lung to lose function, which explained his unresolved severe shortness of breath and restricted mobility. This is a rare injury, and Douglas soon realized no doctor in Ohio could perform the surgery to treat this condition. Douglas took matters into his own hands to learn and understand his injury. His independent research led him to find a surgeon in New Jersey specializing in phrenic nerve reconstruction. After several consultations, Douglas traveled to New Jersey for the surgery. The result was a success, and the claim was processed by health insurance since Ohio Workers’ Compensation refused to pay for an experimental surgery.
For his legal battle, Douglas initially retained a law firm that focused primarily on his workers’ compensation claim. Unfortunately, that law firm went weeks without returning Douglas’s phone calls and missed a deadline to appeal an additional medical allowance on his workers’ compensation claim. He discharged that law firm and was referred to Charles Boyk Law Offices by a friend.
Our office immediately obtained the police report and learned that the at-fault driver was cited for a suspended operator’s license, but the cause of the accident was deemed “a medical emergency.” We contacted the defendant’s insurance and pressed them on the medical emergency argument, which had the potential of relieving the other driver of liability. Their insurance company eventually waived the “medical emergency” defense and tendered their $25,000.00 policy limits. Knowing the severity of our client’s injuries and because the responsible party only carried state-minimum coverage, we contacted our client’s uninsured motorist insurance and obtained his insurance policy. However, Douglas’s personal auto insurance policy had a valid exclusion for an accident in the scope of employment, so his insurance company denied coverage.
Next, we contacted Douglas’s employer and asked for their uninsured motorist policy. Normally, we find that the employers either do not have uninsured motorist coverage or there is a valid exclusion for workers’ compensation claims/actions in the scope of employment that would void coverage. His employer’s policy did not have any qualifying exclusion, and there was $1 million in uninsured motorist coverage. And our only competition was Douglas’s social work client who suffered a broken collarbone.
During Douglas’s treatment, we ordered reports from several of his treating doctors to address proximate cause, prognosis, future limitations, and medical costs. Additionally, our team negotiated his health insurance and workers’ compensation liens to get the maximum amount in our client’s pocket. Ultimately, we were able to settle the underinsured motorist claim for an additional $800,000.00, totaling a final settlement of $825,000.00 while maintaining his future treatment through his workers’ compensation claim.
Douglas was not only proactive when it came to his treatment, but he was also very helpful in assisting us with managing his case. We brainstormed strategies together, so he understood all his legal options. He communicated all relevant information and thoroughly documented his experience, which helped us tell his story in a way that accurately reflected the entirety of his damages. After addressing his liens, case expenses, and attorney fees, Douglas recovered a significant portion of the settlement, which he used to purchase a new house. Based on this experience and other motivations, Douglas has decided to pursue a graduate degree in Disability Studies (DS) at the University of Toledo. Looking ahead, he plans to retire from his full-time position in social work and dedicate himself to his passion for 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.
Learning lessons:
1. The client’s proactive involvement and cooperation in their own case is essential to achieving the best possible outcome.
2. The attorney should prioritize timely communication and actively explore every possible avenue for recovery.
3. The attorney must not take accident investigations at face value.
4. The attorney should examine all potential sources of insurance coverage, ensuring nothing is taken for granted and every option is explored. The result may result in an excellent recovery for a
proactive, cooperative client like Douglas.
