The ramifications that arise from a brain or head injury often lead to unforeseen expenses. This is why it is important to trust our team of Indiana injury attorneys. We will fight for your rights and ensure the best possible outcome available to you.
Rear-End Accident Causes Head and Brain Injury
Client was involved in a serious rear-end accident that resulted in multiple facial fractures and a delayed brain hemorrhage. Boughter Sinak aggressively worked the case up pre-suit and within a few months of the accident was able to recover the maximum under all policies of insurance.
Catastrophic Brain Injury at Yellow Light
Client was traveling eastbound on Dupont Road in Fort Wayne, Indiana when the at-fault driver failed to yield and made a left-hand turn against a yellow turn signal, causing a catastrophic impact. Client suffered a brain injury resulting in loss of consciousness and seizures following the accident, requiring a 5-day hospitalization. The insurer for the at-fault driver denied liability, arguing that our client was comparatively at fault for the accident and further disputed the extent of the injuries claiming that client made a full recovery following release from the hospital with little medical treatment. Likewise, Boughter Sinak filed a lawsuit and took the deposition of the at-fault driver. In doing so, Boughter Sinak was meticulous in its examination of the Defendant under oath and established that the Defendant did not know whether she had the flashing yellow or solid yellow light, that she did not know the difference between the two, that she never saw our client prior to impact, and that there were no obstructions to her view, thereby establishing that she was solely at fault for the accident. In addition, Boughter Sinak retained a renowned Neuropsychiatrist and Neurologist from the University of Chicago to serve as client’s brain injury expert, who opined that while client made a good physical recovery, he was at risk for disproportionate injury in the future due to this accident. At mediation, the insurer made only one offer of $150,000.00, which was immediately rejected. A few months later, the case resolved for the fair value of the claim. Boughter Sinak negotiated and saved the client over $16,000.00 in his health insurance lien, thereby maximizing his recovery.
Vehicle Collision Causes Fractures and Head Injuries
Client was a passenger in her boyfriend’s vehicle that was rear-ended on Lima Road, catapulting their vehicle into the air and causing it to roll over in the opposite lane of travel. The insurer for the at-fault driver disputed liability claiming that the driver of our client’s vehicle was negligent in changing lanes directly into the front of their insurer, thereby causing the collision. Client suffered multiple rib fractures, pelvic fracture, and a head injury. Boughter Sinak aggressively worked the case up pre-suit and the insurer caved, offering the maximum liability limits under its policy of insurance.
T-Bone Crash & Driver Negligence
Client was involved in a T-bone accident due to a driver’s negligence in failing to stop for a red light. As a result, the client suffered extensive facial trauma, which fortunately healed with only minor scarring. The insurer failed to offer the fair value of the claim pre-suit offering only $38,000.00. Likewise, Boughter Sinak, LLC filed suit and after litigating the claim for months the insurer finally paid the fair value of the claim.
Rolled Vehicle & Amputation
Client suffered a finger-tip amputation and facial bruising when her vehicle was struck and rolled due to another driver’s negligence. The at-fault driver’s insurance company failed to make a reasonable offer of settlement pre-suit and Boughter Sinak, LLC would accept nothing less than the maximum liability insurance proceeds. Once suit was filed, the insurer caved and offered the full liability limits of $100,000.00 and an additional $5,000.00 was paid in medical payments coverage. The client was very grateful for our efforts and to this day keeps in contact with Mr. Boughter.
Injured While Intoxicated | Premises Liability
Combined settlement for a young man who suffered massive injuries, including a traumatic brain injury, following a hit and run accident after he was dropped off by a shuttle service owned by a well known club. Boughter Sinak, LLC argued the club violated Indiana law by serving the young man while he was visibly intoxicated after purchasing 120 shots of alcohol. Boughter Sinak, LLC was able to establish through discovery that the Defendants' own employee handbook failed to provide any guidance whatsoever to its employees regarding Indiana law which prohibits the selling of alcohol to visibly intoxicated persons. In addition, Boughter Sinak, LLC argued that the Club assumed a duty to safely transport the young man to his residence and not drop him off in the middle of a dark street while he was unable to care for himself due to his state of severe intoxication. The case was hotly contested with the Defendants retaining multiple lawyers from four different law firms throughout Fort Wayne and Indianapolis and included a separate declaratory action where the club's van insurer denied coverage and filed a Motion for Summary Judgment. The target defendant did not carry general liability insurance adding difficulty to the resolution of the case. Notwithstanding, nearly a dozen depositions were taken, including the van driver, a waitress, club security, and other club personnel. Boughter Sinak, LLC retained a leading toxicologist from New York City to establish that the Plaintiff would have been exhibiting signs of intoxication well before being dropped off by the van and would have been unable to care for himself at the time he was dropped off. A physician from Indianapolis specializing in emergency medicine was retained to rebut any argument by the defense that Plaintiff's injuries could have occurred due to a third party criminal attack since no one had actually witnessed the young man being struck by a vehicle. An economic expert, vocational expert and life care planner were also retained to assist in the prosecution of Plaintiff's claims. Given the extensive work up of the case, Plaintiff's counsel was able to convince the van insurer to contribute substantially to the settlement of the claim. While the young man was uninsured at the time of the incident, Boughter Sinak, LLC also successfully argued that his cousin's automobile insurance coverage applied because he resided with his cousin at the time of the incident. This resulted in a $100,000.00 settlement, representing full policy limits for uninsured coverage, under the cousin's automobile insurance policy. Notably, Boughter Sinak, LLC was retained after a prominent Fort Wayne law firm was terminated by the Plaintiff as a result of their unsuccessful efforts in prosecuting the claim.