Insurance Company Tenders Policy Limits in $1.3 Million Payment to Victim in Pedestrian Accident
On January 29, 2016 Madison Roury left her home in Kendall to cross the street to purchase some items from a convenience store. [i] As she was crossing the street with a friend, Madison was struck by a vehicle and thrown to the air. She landed on her head and was unresponsive. Madison was disoriented, combative, uncooperative and not able to follow commands due to her injuries given by fire rescue.
Madison was transported to Kendall Regional Medical Center, a level II trauma unit, where she was intubated and diagnosed with blunt chest trauma and multiple rib fractures; pulmonary decline; a right sided pneumothorax; and, as a result of head trauma, a subarachnoid hemorrhage and scalp contusions. Doctors were concerned that Madison had sustained cardiac injuries as well.
Madison was intubated and placed in a chemically induced coma to allow her body to heal and wait for the swelling of her brain to decrease. Eventually, Madison was awakened from her coma and began to undergo significant physical therapy. With a lot of hard work and effort on her part, Madison began to walk again and, today has no mental impairment.
Madison's family contacted David Sampedro and asked him how they could manage to pay for Madison's medical bills in the past and much needed physical therapy in the future. David contacted the driver's insurance company who revealed that in addition to an underlying bodily injury liability policy, the driver also had an umbrella policy which would cover her above and beyond the underlying limits of the vehcile. While David explained Madison's injuries to the insurance company, the insurance company attempted to defend the case by blaming Madison for the accident. They said that she was jay walking and had been responsible for causing the accident. In addition, they indicated that the street where Madison was struck was very dark and that their insured had no ability to see Madison as she darted across the street.
After six weeks and mounting concern that they may be responsible for extra contractual liability, David convinced the insurance company to tender their policy limits and the matter was resolved for the sum of $1.3 Million. Today Madison is healthy and, in part, because she had the funds necessary to help pay for therapy, is walking and working again.
The names of all parties have been changed to protect their confidentiality.
David Sampedro Achieves Board Certification as a Civil Trial Advocate by the National Board of Trial Advocacy
David Sampedro of Panter, Panter & Sampedro, P.A., has successfully achieved board certification as a civil trial advocate by the National Board of Trial Advocacy. NBTA board certified attorneys must successfully complete a rigorous application process which includes demonstration of substantial trial experience, submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses, submission of legal writing documents, proof of good standing and passing of an examination period. Mr. Sampedro is also board certified in civil trial law by the Florida Bar. Approximately 3% of American lawyers are board certified.
Panter, Panter & Sampedro, P.A. is proud to announce that we have signed on for the 4th season in a row as a Corporate Sponsor for the Orange Bowl Youth Football Alliance. As a Corporate Sponsor, Panter, Panter & Sampedro, P.A. will be involved in the Orange Bowl, Youth Football Alliance events including the Orange Bowl Youth Football Championships and Orange Bowl Cheer and Dance Championships. On August 26, 2017, Mitch Panter visited Suniland Park in Pinecrest as part of the Park of the Week festivities.
Post-Storm & Generator Safety Tips for Hurricane Season
With the first major Hurricane since 2005 making landfall in South Florida this September, many new and experienced Floridians got a strong reminder of the vulnerabilities we all face in the wake of an intense storm. Hurricane Irma showed us that destruction and widespread power outages are possible, and likely, following any size hurricane.
We hear a lot about pre-storm preparation and safety during the actual storm, but after a hurricane leaves the area, there are still significant safety measures that need to be considered during cleanup and recovery. Here are some tips to consider post-storm and when using a generator as a backup power source if electrical power is lost due to damage resulting from a storm.
|NOTE: The accounts of recent trials, verdicts and settlements contained in this newsletter are intended to illustrate the experience of the firm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case.
|Panter, Panter & Sampedro, P.A., is an A.V. rated law firm comprised of highly experienced trial lawyers with more than 86 years of combined experience. The firm welcomes referrals from other lawyers and honors the Florida Bar rules related to referral fees. Panter, Panter & Sampedro, P.A., is dedicated to protecting Florida's families in the areas of catastrophic injury and wrongful death when dealing with personal injury, premises liability, medical malpractice, nursing home neglect, product liability, aviation, defective medical devices, and mass tort.
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