If you or a loved one has been injured in an accident caused by the negligence of another driver or corporate entity, our experienced Indiana injury attorneys have the legal understanding and expertise necessary to fight for your rights.
Passenger Injury | Car Accident
Settlement, representing full policy limits, for a young woman injured when the car in which she was a passenger was traveling at a high rate of speed and lost control and flipped on its side. Boughter Sinak, LLC immediately retained Affidavits from various witnesses and was able to settle the case without filing a lawsuit.
Collision Ejected Motorcyclist Causing Injury
Our client was operating his motorcycle when a vehicle turned in front of him, thereby causing a violent collision and resulting in the client being ejected from his motorcycle and flipped over the vehicle, landing hard in the roadway. Client’s health insurer initially denied paying any of client’s medical bills arguing that because the injury arose from a motorcycle accident, health insurance did not apply. Upon retaining Boughter Sinak, the health insurer was warned that in the event that they did not begin processing payment of his bills, suit will be filed. Shortly thereafter, all bills were processed through his health insurance, thereby saving the client tens of thousands of dollars. While the liability insurer for the at-fault driver denied the extent of client’s injury, Boughter Sinak resolved the case for the fair value of the claim without ever having to file a lawsuit.
Wet Floor Slip & Fall | Premises Liability Case
Settlement for a slip and fall at a national donut chain restaurant. The Plaintiff slipped and fell on a puddle of water inside the store as he was going to place an order for a free coffee. As a result, he suffered a neck injury, which required pain management. After litigating for nearly one year and obtaining an Affidavit as to causation from Plaintiff's treating physician, as well as an estimate from a certified life care planner regarding future medical care, the case was successfully resolved at mediation.
Rear Ended by Semi Truck – Multiple Traumatic Injuries
A mother and father were traveling home with their young son, who was in a car seat, when a semi-tractor trailer driver became distracted and failed to stop, thereby forcefully rear-ending their vehicle. The truck driver initially denied liability and defended on grounds that the Plaintiff failed to keep a lookout in his rear-view mirror and could have avoided the accident. All three family members were seriously injured in the accident; however, they all made a good physical recovery with the child having no permanent injuries. Once a lawsuit was filed, Attorney Sinak flew to Wisconsin to take the deposition of the truck driver who admitted he was distracted and rear ended the Plaintiffs’ vehicle. The truck driver further admitted that there was nothing the Plaintiffs could have done to avoid the accident. Once liability was locked in, the case resolved for the fair value of all claims at mediation.
Client suffered a below the knee amputation as a result of his leg being crushed by a tractor while at work. Boughter Sinak, LLC successfully recovered all benefits client was entitled to under Indiana law, including negotiating the maximum value for his amputation, plus costs to cover future medical expenses and preserving his right to replacement prosthetics pursuant to the Workers' Compensation Act.
Pitbull Attack on Child | Dog Bite Case
Settlement for a dog bite attack. While at a friend's house, a pitbull suddenly and without provocation, attacked a three year old girl, latching on to her chest wall causing severe injury. Boughter Sinak, LLC argued that the owner of the dog failed to supervise or otherwise control the dog, which led to the attack. The settlement represented Allstate's full policy limits for the Defendant and was obtained without filing a lawsuit.
Winter Speeding Collision
Client was involved in a motor vehicle collision when the at-fault driver was traveling too fast for conditions and was unable to stop for a stop sign on a winter day thereby sliding through an intersection. Client did not present to an emergency room on the day of the accident but was seen several days later by her primary care physician who diagnosed her with neck pain, right wrist pain, back pain and headaches. Thereafter, she did not have any treatment for her right wrist until approximately 8 months later and it was not until approximately 11 months later she was diagnosed with a ligament tear in her wrist necessitating surgery. The Defendant denied liability and further denied that the wrist injury was causally related to the automobile accident. Boughter Sinak, LLC retained a medical expert, which casually related the ligament tear and resulting surgery to the accident. In addition, Boughter Sinak, LLC retained an economist to estimate client’s loss of future earning capacity claim. After lengthy litigation, the at-fault driver’s insurer paid out $50,000.00, the maximum recoverable under the subject policy of insurance. Boughter Sinak, LLC made an underinsured claim under the client’s policy of insurance and successfully negotiated an additional $135,000.00 in new money to settle the underinsured claim.
Government-Owned Truck Injures Woman
A county government-owned truck pulled directly into the path of a young woman resulting in serious fractures of her lower extremity. The government denied liability and argued that our client was contributorily negligent, thereby barring her claim. Boughter Sinak immediately retained an accident reconstructionist to investigate the circumstances surrounding the accident, as well as an independent medical expert to determine the long-term complications that will be associated with her serious injury. After extensive litigation, including depositions, Boughter Sinak was able to establish that the county employee was solely at fault for the subject accident, resulting in a recovery close to the statutory maximum. The settlement included an impressive $100,000.00 secured on behalf of her husband for loss of consortium, who was not involved in the subject accident.
Injured Nursing Assistant Unable to Return to Work
Recovery for a certified nursing assistant who tripped and fell at her patient’s home. The patient’s daughter had placed a box directly outside of her bedroom and the client tripped over the box injuring her shoulder. Unfortunately, the 56 year old CNA, was unable to return to her job because she could not lift over one pound given the lack of strength in her upper extremity. The defense contested liability; however a deposition of the defendant revealed that the CNA had worked at that home for 6 years and never before did the daughter ever place anything directly outside the bedroom door. Boughter Sinak, LLC retained a vocational economist who opined that there was no reasonable employment given her shoulder injury. After litigating for nearly one year, the case settled at mediation. In addition, Boughter Sinak, LLC recovered $70,000.00 plus all medical bills paid for the client for a total payout of over $345,000.00.
Machine Defect & Amputation
Client suffered an amputation of two fingers when his hand got smashed in a machine due to a defect. Boughter Sinak, LLC secured the client all benefits he was entitled to under the Workers' Compensation Act, including an amount in excess of the value for his amputation. Boughter Sinak, LLC is currently litigating a third party product liability claim against the manufacturer of the alleged defective machine.
Pothole Slip & Fall
Recovery for a young man who suffered a fracture of the lower extremity requiring surgery when he tripped and fell in a pothole in the parking lot of his apartment complex. The Defendant denied any liability for the injury claiming the client was aware of the pothole and should have avoided. Likewise, Boughter Sinak, LLC filed suit and took multiple depositions of the Defendant’s employees, including the property manager who admitted that she considered the pothole a hazard and it should have been fixed. Boughter Sinak, LLC retained a medical expert and a nurse legal consultant who provided a cost projection for future medical care.
Bagel Divider Defect | General Negligence
Settlement against a well-known national restaurant and bakery. While eating a bagel, the client felt her throat being cut by a sharp object, later determined to be hard plastic. After extensive investigation, discovery revealed that the bagel divider was defective and would break leaving sharp pieces of hard plastic cooked throughout the bagel. Significantly, the bagel divider had broken on prior occasions allegedly causing injury to at least one other customer. Notably, prior to retaining Boughter Sinak, LLC a prominent Fort Wayne law firm represented the Plaintiff for many months and then withdrew from the case because they could not get the claim resolved pre-suit.
Red Light & Rolled Vehicle
Client was a passenger in a vehicle that was violently struck and rolled several times due to another driver running a red light. Client suffered a catastrophic hand injury. Boughter Sinak, LLC recovered the client the maximum available under all policies of insurance and negotiated significant reductions in medical bills, which totaled over $200,000.00, allowing the client to still make a substantial monetary recovery.
Railroad Crossing Collision
Client was stopped at a railroad crossing waiting for a train to pass when he was violently struck in the rear of his vehicle by a distracted driver, resulting in catastrophic property damage and serious personal injuries, including back and neck injuries for which he underwent months of treatment. The Plaintiff’s medical bills totaled approximately $37,000.00. The insurer made an offer pre-suit that the client was inclined to accept; however, Boughter Sinak, LLC believed the offer did not represent the fair value of the claim and, therefore, the offer was rejected and a lawsuit was filed against the at fault driver. Shortly thereafter, Boughter Sinak, LLC was able to resolve the claim for the fair value without defense counsel ever filing an appearance. Boughter Sinak, LLC diligently worked to reduce the outstanding medical bills and liens down to less than $7,000.00, allowing the client to maximize his recovery.
Shot in Bar Parking Lot | Premises Liability
Settlement in a third party criminal attack case where a man was shot in the leg in the parking lot of a local bar. Boughter Sinak, LLC argued that the bar failed to provide adequate security and lighting in the parking lot. After extensive investigation, Boughter Sinak, LLC was able to establish that several other prior criminal attacks had occurred at the bar, including a prior shooting. Likewise, Boughter Sinak, LLC was able to convince the insurer to settle the claim without having to file a lawsuit.
Shoulder Injury from Defective Grate
Client suffered a shoulder injury as the result of stepping on a defective grate on the premises of a third party while working within the course and scope of his employment. The landowner denied liability and suit was filed. Boughter Sinak, LLC aggressively represented the client enabling him to recover over $55,000.00 in workers' compensation benefits and $80,000.00 in his premises liability action for a combined monetary recovery of just over $135,000.00.
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.
Desk Chair Injury | General Negligence Settlement
Settlement for a woman who while attempting to sit down in her chair at work, fell face forward hitting her head on her desk because the carpet underneath her chair had bunched up and caught the wheel of her chair. Boughter Sinak, LLC represented the client in both her workers' compensation and third party claim against the landowner for failure to maintain its premises in a reasonably safe condition. Liability was strongly contested with the landowner arguing that it was the responsibility of the Plaintiff's employer, State of Indiana, to provide chair mats to prevent the chair from getting caught on the carpet. However, after extensive discovery, it was learned that the floor had been damaged due to water intrusion, which contributed to the poor condition of the carpet. In addition, we were able to demonstrate that the Defendant's argument that it was the State's responsibility to provide chair mats was tenuous at best since immediately after the accident, the landowner purchased chair mats.
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.
Catastrophic Spinal Injury
Recovery for a young man who suffered a catastrophic spinal injury as the result of a pipe falling on his head due to the negligence of a third party contractor, causing paraplegia. The defense argued unsuccessfully that the client’s exclusive remedy was the workers' compensation act. Notably, two other prominent personal injury law firms from Indianapolis turned down the case because they were convinced that the Plaintiff’s claims would likely fall within the exclusive purview of the Workers' Compensation Act.
Forklift Amputation Injury | Product Liability/Workers’ Compensation
Settlement for a 27 year old man who suffered a below the knee leg amputation as a result of forklift accident while working within the course and scope of his employment. Upon being retained, Boughter Sinak, LLC immediately filed suit against the manufacturer of the forklift and the forklift maintenance company along with filing a Motion for Protective Order to Preserve Evidence. Boughter Sinak, LLC retained a national forklift expert from Los Angeles, California who after inspecting the forklift determined that the maintenance company deliberately disengaged a main safety feature of the forklift to prevent the foot pedals from locking up while being operated in below freezing temperatures. This action prevented the forklift from immediately stopping when the young man's foot was taken off the pedal, leading to his foot being crushed in between the forklift and a steel bollard. Boughter Sinak, LLC aggressively prosecuted the case, advancing over $60,000.00, and taking depositions of multiple representatives and fact witnesses of the Defendants, as well as deposing experts in California, Oregon, Illinois, Indiana and Arkansas. In addition to a forklift expert, Boughter Sinak, LLC retained a vocational economic expert and a life care planner to evaluate the Plaintiff's damages. Boughter Sinak, LLC successfully represented the Plaintiff in his workers' compensation claim as well and negotiated waiver of the workers' compensation lien of more than $100,000 in its entirety.
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.