Hit-and-Run Collision Results in Strong Six-figure Settlement for Triathlete
Triathlons take an incredible amount of training and discipline, and athletes are frequently on the roads as they complete both their run and bike workouts. Carlsbad is a huge scene for triathletes, and they are a very common sight on those roads. Most drivers are very aware of the cyclists, but one unlucky triathlete out on a training ride in a marked bicycle lane was struck by a motor vehicle and left unconscious to suffer in the roadway as the driver fled the scene. Rushed to the hospital, the victim was diagnosed with a concussion and multiple injuries, causing a lot of pain. She was later diagnosed with post-concussion syndrome by her neurologist, and despite negative diagnostic tests, experienced symptoms consistent with a TBI. Luckily, she had been wearing a helmet, or the injuries may have been much more severe.
Police were not able to track down the hit-and-run driver, and the victim secured Richard L. Duquette, Esq, and his legal team of D’Egidio and Pedroza to represent her for arbitration with her insurance company. Mr. Duquette had worked with Focus Graphics on other cases and knew, especially due to the negative diagnostic test results, that he needed some powerful demonstrative brain injury exhibits to prove the damages. Focus Graphics worked with Mr. Duquette to come up with a mechanism of injury illustration showing how a coup contrecoup injury occurs and specifically how it happened to his client; as well as a brain map deficit illustration showing the parts of the brain affected and how her injuries impacted her daily life, using quotes from her doctors and caregivers. Illustrations are a much less expensive option than animations for arbitration and can be a very useful tool to let the defense know that trial preparation is already underway.
Mr. Duquette and team were able to recover the policy limits on the eve of binding arbitration against a national insurance company, and the defense attorney even commented that the case was “worked up well.” Their client was very pleased that the case was resolved for full value.
“As Mr. Gerry Spence, the famous trial lawyer, would often say to his students, ‘Caring is Contagious.’ Our Team included Focus Graphics, investigators, and Trial lawyers who really cared. We believe that the Insurance company knew that and settled. I can always count on Focus Graphics to help me determine the most effective exhibits for whatever I’m facing, whether it be arbitration, settlement discussion, or a trial.”
~Richard Duquette, Esq., Carlsbad, CA | Law Firm of Richard L. Duquette
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