Tort Story 1

Stories and examples

Names and other personal data has been changed for privacy regulation, and these may or may not be current or former clients.

Charles

Charles was in a car accident in March last year.  He was hit by a tractor trailer in his small pickup truck.  The truck ended up in 3 pieces on the road.  Thankfully, Charles was not ‘seriously injured,’ as in he was home after 4 days at Prime Hospital and back to work about 2 months later (he has a manual labor job) and to look at him now he’s just fine.  However, he sustained injuries to his lungs and diaphragm, which have required several procedures, and we just learned that the damage from the accident and necessary surgeries have decreased the range of motion in his diaphragm and caused him to develop asthma.  Normally we would call that lucky and move on.  Here’s the thing…  Charles is super athletic, and was signed up for a half Ironman that same summer.  At over 55 years old.  Not only did he have to cancel that ‘bucket list’ item, but with his current lung/breathing conditions, he’ll never be able to do that.  He trained for literally years to get to the point that he could run, bike, and swim that event.  He’s pretty devastated.  This also takes away his ‘stress relief’ activity from his life.  He’ll need to find a sedentary hobby now.  We aren’t sure what that will be.

With limited tort, because Charles isn’t seriously injured, he would only be allowed to get money for the actual medical bills incurred, the money his truck was worth, the time he missed from work, and the fees he lost canceling his trip.  With full tort, he can also receive monetary compensation for the mental anguish of not being able to do his favorite activities, not being able to run 1 mile let alone 26.2, and some pain and suffering for the year plus of doctor visits and procedures.

So, what’s happening and what did Charles have?  Charles had a very good full tort insurance policy. Charles also hired a very good personal injury attorney pretty much immediately.  Not that he had a bad insurance provider, but with so much happening you just want in those really serious cases a third party, and it doesn’t hurt that they get paid when you do.  The case is not settled as of writing this blog. It likely won’t end up with a $1,000,000 payout to Charles, but he will likely see a rather sizeable settlement that will certainly put his two young kids through college and catapult him into a more comfortable retirement.  Money doesn’t take away the pain of losing the ability to do what he loves, but he has his family to support and help him replace those hobbies – and let’s face it – the cash doesn’t hurt.