Case Summary.

In this case a local high school football star from Southeastern Connecticut was driving very recklessly, and our client paid the price.  He made a speedy turn directly in front of our client’s car when our client had a green light with the right of way.   The cars crashed.  Our client was a passenger in the front seat.  Her husband was driving.  She suffered a badly broken ankle requiring surgical repair with metal rods, pins, and screws.

Facts of the Case.

On a sunny day in May our client RT driving from Ledyard, Connecticut to Mystic, Connecticut.  She was heading south on Cow Hill Road from Ledyard to Mystic.  She was a front seat passenger.  Her husband was driving.  When her car was crossing Rt. 184 into Mystic (where Cow Hill Road becomes Pumkin Hill Road) the defendant, who was driving the opposite direction, tried to make a sharp left turn directly across traffic and in front of our client’s car.  It didn’t work out well for anyone especially our client.

Our client reported to the police “he pulled right in front of us.”  There was no way that he could have made the turn.  It was as if he “intended to cause the crash”.

The defendant, however, claimed that he had the green light.  It was a “he said—she said” situation.  The police concluded that the defendant was at fault from the location of the vehicles at the time of the crash.  The defendant was ticked for failing to grant the right of way to our client, a violation of General Statute § 14-245.

The injury.

Our client suffered a “lisfrank” fracture to the ankle.   She required surgery to repair the break.  That was an open reduction with internal fixation with screws and pins.  She then required additional surgery to remove the pins and screws.   She missed several months of work.  She worked in the health care field as a nurse’s aid.  She was able to continue with her job after she went through three rounds of physical therapy.

The case was brought in Connecticut Superior Court in New London, Connecticut.

Insurance coverage.

The defendant was insured through Allstate Insurance, and has a $100,000.00 policy.  Our client, fortunately, had $250,000.00 of underinsured motorist insurance through State Farm Insurance.   The defendant had no assets other than his insurance coverage, which is very common.  In an underinsurance case, the underinsurance company gets a credit for the monies received from the at fault party, or tortfearor.  In this case, that means that the plaintiff’s maximum recovery would be $250,000.00, not $350,000.00.

Our client had two surgeries, and missed several months of work.  The second surgery was to remove a screw put in from the first surgery.  The screw caused a bump, and was bothering our client causing pain.  She had both of her surgeries at Lawrence & Memorial Hospital in New London.  Her doctor was Dr. Noonan.  Her medical bills exceeded $40,000.00, and her lost wages were $14,000.00.

Our client’s job as a nurse’s aid was work that she loved to do.  That job requires a lot of walking, and requires a healthy foot.  Our client worked very hard at her physical therapy, and she was able to get back to work well on schedule.  While her foot continued to be in pain, at least she was still working.  Overall she made a good recovery.  She has pain in her foot every day now, and that will continue all of her life.  She will probably need a mid-foot fusion sometime in the future, and have arthritis.

How we Helped our Client.

In this case, in order to maximize our client’s recovery we had to firm up liability to remove any doubt about fault.  That was not too hard, although the defendant maintained that he had the green light all along.  We were confident that our client was the more credible witness, and the facts were on her side.  Next, we had to develop the damages evidence to convince both insurance companies to pay the policy limits to our client.   The maximum recovery from insurance was $250,000.00.

Additionally, we were able to accurately predict each step along with way over this multi-year case so that our client was always aware of what was going to happen in the future at each step in the case.   She was always aware of accurate timelines, and probable outcomes.  This made the process less stressful for our client.  She was very happy.

Where to Get Help.

If you or anyone you know has been involved in a serious car accident in Connecticut and suffered a lisfrank fracture like our client did here we can help.  Contact the lawyers at The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut toll free at 888-717-4211 or 860-445-8521.  We also have satellite offices in Shelton, Connecticut and East Berlin, Connecticut.