News & Events

Default Caused by Insurance Company Leads to $10 Million Settlement in TBI Case

Posted: August 2, 2022

Yarborough Applegate recently secured a $10 million settlement for a woman who sustained a traumatic brain injury after being struck by a vehicle in a pedestrian crosswalk. In 2018, a 33-year-old Wisconsin woman was visiting South Carolina. She was walking in a crosswalk when the driver of a truck ran a stop sign, and struck her. The woman was knocked to the ground and hit her head, suffering a traumatic brain injury from the impact. 

This was a hard-fought case that involved a series of blunders by the defendant’s insurance company and a defense counsel that completely denied our victim had suffered a brain injury. All of this prompted founding partner David Yarborough and Reynolds Blankenship to fight harder for the compensation we knew our client deserved. Prior to Yarborough Applegate’s involvement in the case, the highest offer made by the insurance company was $35,000.

The traumatic brain injury our client sustained in the collision caused her to develop many health problems, including headaches, vision issues, depression, left-sided weakness, and balance issues. Each of these interfered with her ability to do her job—and enjoy her life. Her doctor advised that, due to her condition, the woman’s work schedule should be reduced. This prompted an $20,000 annual salary reduction.

Following the accident, the woman had issued a time-sensitive demand to the at-fault party’s insurance company to tender the $3 million in policy limits in exchange for a release of all parties. After the driver’s insurance company failed to do so, the woman filed a lawsuit. The defendant delivered the lawsuit to the insurance broker, who failed to deliver it to the insurance company in a timely manner. When defense counsel was not promptly hired, the defendants were placed in default. At this point, defense counsel was hired, and their Motion to Set Aside the Default was denied. This settlement was the resolution of a mediation that followed a fully contested damages hearing. At mediation the carrier for the defendant agreed to pay $4.9 million and the carrier for the broker agreed to pay $5.1 million toward the settlement.

In the past 12 months alone, the attorneys of Yarborough Applegate have achieved for our clients more than $50 million above policy limits in settlements and judgments as a result of insurance companies/brokers causing lawsuits to go into default.   

If you or a loved one has been injured or killed due to another’s negligence—or wronged by your insurance company—know that you are not alone. The attorneys at Yarborough Applegate are here to fight for you. Contact our team today to schedule a free consultation. 

Read more about the case in South Carolina Lawyers Weekly here.

Disclaimer: Every case is unique, and prior results do not guarantee future outcomes.

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