Pedestrian Accident

Our client was walking in the parking lot of the Wal-Mart store in Maryland in which he worked when he was struck by a car. As a result of the collision, our client sustained a concussion and fractures to his legs, ribs, and shoulders. He required surgery on his legs and two months of inpatient rehabilitative care.

The insurance companies raised the defense that our client was difficult to see at the time of the accident. In addition, our client had received a workers’ compensation award and the insurance company was asserting a lien on his recovery against the responsible driver. Finally, the responsible driver had only $50,000 in liability coverage. We worked with a workers’ compensation company, obtained an offer of the policy limits from the driver’s insurance company, and then made a claim against our client’s insurance company for under-insured motorist benefits. As a result, we were able to obtain a recovery of the full policy limits from both policies of $250,000.

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