Navigation

News

Insistence Her Injury Was Severe Wins Settlement

Posted on Wednesday, June 20th, 2018

Dawn Brogden and her husband decided it was time to launch their dream of a commercial landscaping company.  It was an ideal time in their lives – to set their own work schedules, enjoy the outdoors and be available for Dawn’s son, who was challenged with his schoolwork.  “We were a very active outdoor family,” described Brogden. “We did everything together! I went hunting with my husband, from walking fields to climbing tree stands.  I was a single mother for a long time and took great pride in sharing experiences with my boys, even joining them in rock climbing, hiking, camping, boating and fishing.”

DREAM IS CRUSHED AFTER CRASH

But their dream barely got off the ground when Brogden and her husband’s motorcycle was struck after a car pulled out in front of them. Brogden suffered multiple injuries, including contusions and road rash injuries; but, most seriously, she suffered a broken foot, which required surgery.

The at-fault driver only had $10,000 of insurance coverage for Brodgen’s injuries.  Her broken foot and future medical care would far exceed that amount.  But, when she turned to her policy through Auto-Owners Insurance Company, she was denied help.  “She had underinsured motorist insurance for exactly this situation,” said Dan Iracki, partner with Coker Law. “Not only did her insurance company deny her request, but they blamed her husband and claimed the crash was his fault.” Iracki believes that Auto-Owners Insurance Company did not appreciate the severity of Brogden’s injury and how severely it would limit her.

“Since the accident, I have not been able to work alongside my husband and help grow our company like we had intended,” laments Brogden. “We had to hire employees to step in where I was intended to be.  My accident has greatly impacted not only my life, but all my family members as well.  This aspect has been very upsetting.”

EACH STEP IS SIGNIFICANT

Despite surgery, Brogden now walks with a limp, experiences nerve pain, and her podiatrist has recommended additional surgeries that may require an ankle fusion. Brogden’s insurance company eventually offered $20,000 to resolve her case, but Iracki and the team at Coker Law knew it would be a long recovery for Brogden and that she may never be able to do the activities she loved so much. “Recognizing the impact of the injury, and the prospect of a future fusion, that’s a big loss of enjoyment of life,” insists Iracki.  “Every time our client takes even a single step, she will feel the pain.”

FROM DENIAL TO DEAL

(C) Agnes Lopez Photography 2014

Just two months before the case was set to be tried in Federal Court, the case resolved for close to $800,000.00.  Iracki believes this was the true value of the case due to Coker Law’s experience with foot and ankle injuries, and because of their appreciation of the impact it makes in their clients’ lives.  “Going from the insurance company’s initial offer of $20,000 to resolving the case at close to $800,000 epitomizes staying the course and fighting for what is truly fair for our clients – not just accepting what an insurance company is willing to offer as fair,” said Iracki.  For Brogden, the impact of Coker Law in her case is what gives her hope that she will find healing in her future. “Everyone I came into contact with at Coker Law was always attentive to my needs, as well as my family’s.  Each of them was ready and available to help with all of my questions and concerns, no matter how big or small they may have been.  They took great care in making sure all my health needs were met – and beyond.”

IF YOU’RE INVOLVED IN A CRASH, WHAT SHOULD YOU DO?

Coker Law cautions drivers to be careful and, if you are injured by a negligent driver, speak with an experienced accident attorney. You may qualify to receive compensation for your medical bills, lost wages and other expenses related to your injuries. To speak with personal injury attorney Daniel Iracki, or for more information, call (904) 356-6071 or click here to schedule a free consultation.

Case Title:  Dawn Brogden v. Auto-Owners Insurance Company

Attorneys/Staff involved in case:  Attorneys Dan Iracki, Janeen Kirch, Paralegal Leigh-Anne Morrill

Date of Settlement:  4/2/2018

Amount of Settlement:  $799,999.99