We settled a case against Progressive Insurance for $100,000 on behalf of a man who broke his kneecap in a car accident, requiring surgery to repair it. The settlement was four times our client’s medical bills, which were approximately $25,000. The settlement was also $75,000 more than Progressive’s pre-lawsuit offer of $25,000.
Mr. D and his friend were on their way to a camping trip and were driving on Shallowford Road in Roswell, Georgia. They were driving around a slow curve and were at the end of a line of cars. Traffic slowed to let a truck at the front of the line make a right turn into a driveway. Mr. D’s friend didn’t notice that traffic was slowing down and rear-ended the car in front of him. He was ticketed for the wreck and paid the ticket, admitting he was responsible.
The wreck caused Mr. D’s knee to strike the dashboard of the car, breaking it into two pieces. He had surgery a week after the accident to fix it, which required drilling metal screws into his kneecap to reattach the broken pieces. Here’s an x-ray of his broken kneecap before the surgery:
Mr. D had a lengthy recovery that involved months of physical therapy and then exercises for his knee to do at home. He made a good recovery, but due to the injury and surgery still has “hypersensitivity” of his knee, which means that his knee is extremely sensitive and causes him problems kneeling and bending.
THE LAWSUIT AND SETTLEMENT
Mr. D’s friend had insurance with Progressive. Mr. D initially tried to settle his case against Progressive by himself. When they only offered $25,000, he called us.
Progressive refused to increase its settlement offer and we filed a lawsuit. Progressive initially denied responsibility for the wreck and even blamed other drivers for causing it. After we deposed Mr. D’s doctor who performed the surgery and began preparing the case for trial, Progressive offered to mediate the case.
At the mediation, we were able to reach a $100,000 settlement for Mr. D.