Our Results

Pre-Trial Settlement for Metra Worker in FELA Action

On June 29, 2016, our client, our 43-year-old male was working as a carman apprentice and was in line to be promoted to a full carman. In the early morning hours, he was injured when his supervisor fell off the top of a ladder and fell directly on him. Gainsberg Injury and Accident Lawyers brought suit under the Federal Employers Liability Act (FELA). At the time of the incident, our client’s supervisor was changing a window on top of rail car and failed to use a lift, but used a ladder. Plaintiff’s safety expert stated that the supervisor should have used a lift and also opinioned that the supervisor used the ladder improperly, leading to the fall.

Our client sustained injuries to his knee, elbow, back, and neck. A few months following the incident he had surgery for a meniscus tear in his knee. The defendant disputed whether the tear was related to the fall since the plaintiff had previous knee issues. The plaintiff tried to return to work but persistent neck and back pain prevented him from working. He then had successful neck and back fusion surgery but likely could not go back to working as a carman. Gainsberg Injury and Accident Lawyers negotiated a successful settlement of 1,150,000.00 before a scheduled jury trial. In addition to the settlement, Metra agreed to pay for health insurance for our client for 18 months after the settlement.

Settlement Prior to Trial for Truck Accident Case

On January 22, 2009, a 49-year-old female was driving home after dropping her daughter off at work when a large commercial truck struck the rear end of her vehicle. After enduring months of treatment, including physical therapy and various epidural injections in her lumbar spine, she underwent a lumbar fusion surgical procedure. Just before the case was ready for trial, we negotiated a settlement with the Defendant for $890,000.00.

Settlement for Elderly Lady Assaulted by Security Guard

On August 3, 2016, our 65-year-old female client was visiting her husband at a CHA apartment in Chicago, IL. Her husband was disabled, and our client was his primary care taker. An apparent homeless person was trespassing in the laundry room of the apartment building and trying to light matches. The building employed one security guard. Recognizing the danger of the matches, our client requested that the security guard address the homeless person and prevent a fire. The security guard refused to go to the laundry room. Our client then decided to go to the laundry room and was able to escort the homeless person out of the building. Hours later, while exiting the building, she complained to the security guard about not doing his job. He grabbed our client with both arms, dragged her toward the lobby door, and caused her to fall to the ground. Our client suffered a significant right wrist fracture.

The security guard tried to hide the incident and blame the fall on a rug in the lobby. Even after a lawsuit was filed, the security guard’s employer continued to deny fault and asked that the lawsuit be dismissed. Gainsberg Injury and Accident Lawyers was able to get the video of the incident from a lobby camera. The video captured the security guard’s wrongful conduct and assault and battery on our client. The video proves the security guard caused our client’s fall and injuries. Gainsberg Injury and Accident Lawyers was also able to find out that the security guard had lied on his application about his work experience and hid past employment terminations for misconduct as a security officer.

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Arbitration Award to Door Dash Driver in Uninsured Motorist Claim

On November 13, 2020, our 34-year-old client was delivering food as a Door Dash driver. He was stopped so he could make a left turn when another vehicle, coming from the opposite direction, crossed the center line, struck him head on, and caused the car accident.

Our client suffered head, neck, and back issues. He eventually saw a pain doctor for herniations in both his cervical and lumbar spine. He had MRI scans to confirm the disk injuries and underwent a series of steroid epidural injections. When the pain in his neck continued at a high level and the injections did not seem to help, he was referred to a neurosurgeon. The neurosurgeon confirmed the herniations in his neck and recommended a fusion procedure.

The at-fault driver did not have insurance. Our client’s insurance company paid the policy limits for uninsured coverage under our client’s policy. Door Dash maintained excess uninsured motorist benefits. Our client’s injuries warranted such benefits. Door Dash’s insurance company, however, disputed our client’s injuries and offered a negligible amount. They hired an orthopedic doctor to question the type of injuries at issue and the need for any surgical procedures. The matter then proceeded to arbitration pursuant to the Illinois Insurance Code.

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Settlement for Intersection Motor Vehicle Crash

On July 12, 2022, our clients, a 41-year-old male and his 52-year-old wife, were enjoying time with family that had travelled from out of the country – specifically the wife’s sister and her husband, both 65 years old. As they were driving in the City of Chicago near Kedzie and 31st Street, another vehicle made a left turn in front of them. The vehicle turned from the far-right shoulder, cutting off traffic before it struck our client’s vehicle that had a green light as it traveled through the intersection. Our client did not see the at-fault vehicle since it suddenly crossed two lanes of traffic from the shoulder before making the improper turn. The collision caused our clients’ vehicle to veer to its right and onto the sidewalk.

The three passengers in our clients’ vehicle were transported by ambulance to the emergency room. The driver went to the hospital later in the day. All four occupants endured months of doctor visits, therapy visits, scans for injuries to various areas of their bodies, including head, neck, back, shoulders, and knees. The front passenger also sustained lacerations from the air bag being activated.

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 Settlement for Elderly Women Who Slipped and Fell on Uneven Concrete

On June 25, 2019, our client, a 67-year-old female, was on a routine visit to her doctor’s office. While walking on the walkway to the entrance of the office building, she fell on a dangerous and uneven condition on the concrete. The condition of the walkway was made worse by an unmonitored sprinkler system, causing pools of water to develop and a very slippery condition. Our client sustained a comminuted fracture to her left ankle and needed emergency surgery. She did make progress following surgery and rehabilitation but was later diagnosed with post-traumatic arthritis. The personal injury attorneys at Gainsberg Injury and Accident Lawyers were able to establish liability for the slip and fall accident and point out to the insurance company how the doctor’s office could have protected its patients better and prevented this unfortunate fall. Gainsberg Injury and Accident Lawyers then secured a fair and just settlement for our client.

Policy Limits Settlement for Wrongful Death of a Passenger in Work Van Collision

On January 21, 2021, a 54-year-old male was working as a packer and mover for a packing company. It was a snowy day, and he was a back seat passenger in a work van. The work van was headed to a job site when a vehicle traveling in the opposite lane of traffic swerved into the van’s lane, causing a head-on collision. The driver of the at-fault vehicle was traveling too fast for conditions and lost control of the vehicle.  The male worker and victim of the auto collision suffered catastrophic injuries and died a few hours after being transported to the nearest hospital. The family of the victim hired the wrongful death attorneys at Gainsberg Injury and Accident Lawyers. Our attorneys were able to establish fault quickly on behalf of the driver that caused the head-on collision, address any workers’ compensation benefits that the victim’s family was entitled to, and gathered the appropriate evidence of economic and emotional loss and support suffered by the victim’s family. As a result, Gainsberg Injury and Accident Lawyers secured a settlement with the at-fault driver’s insurance company for the policy limits and obtained some justice to a family that lost a loved one in this tragic accident.

Policy Limits for Pedestrian Struck by a Drunk Driver

On May 13, 2018, our client a 25-year-old female, was struck by a drunk driver while crossing the street in Blue Island, IL. Our client sustained left tibia and fibular fractures and a right femur fracture. She had emergency surgery on both legs and was hospitalized for a week after the accident, plus spent time in a rehabilitation center. The drunk driver was unable to produce insurance at the scene before his arrest. The drunk driver eventually plead guilty to aggravated driving under the influence for injuring our client and also pled guilty to having no insurance. The drunk driver’s vehicle was owned by a different individual. Gainsberg Injury and Accident Lawyers was able to find insurance for this vehicle through the owner’s policy, a policy not known by the driver nor disclosed in the police report. After obtaining valid insurance for the incident, Gainsberg Injury and Accident Lawyers obtained a policy limits settlement of $250,000.00.

Victims of Rear End Accident Caused by Distracted Driver

On December 11, 2020, our three clients – a 41-year-old female, a 39-year-old female, and a 48-year-old-male – were on their way home after visiting friends. While stopped at a red light, they were rear ended by a distracted driver. The clients went to the emergency room that day and had injuries to their head, neck, and back. As a result of the collision, they underwent several months of treatment for their injuries. Our clients had physical therapy but also had more aggressive treatment of epidural injections.  The auto accident attorneys at Gainsberg Injury and Accident Lawyers established to the insurance company that the type of collision required and necessitated our clients’ treatment, plus the pain and suffering they experienced. The settlement was negotiated shortly after our clients’ completed treatment.

Settlement for Premises Liability Case at a Beauty Salon

A customer at a beauty salon sustained a cracked vertebra when a chair that she sat in collapsed. Case settled for $225,000.00.

[More on Premises Liability]

Settlement for Victim of Rear End Accident Leading to Premature Birth of Baby

On September 7, 2018, our client 39-year-old pregnant women was rear ended while stopped at the red light. At the time of the collision, our client was 26 weeks pregnant with her first child, and which she considered a miracle child due to her age. Our client was transported to the emergency room. She was examined and observed with good fetal movement and no cramping. She was discharged from the hospital with neck and wrist pain. On September 10, 2018, our client experienced contractions and cramping.  She was rushed to the hospital where she delivered her baby preterm. The baby boy weighed only 2 pounds and 12 ounces at birth and was immediately transported to the neonatal unit of the children’s hospital. The baby boy remained in the neonatal unit for over 2 months until discharged. While born premature, our client’s son has done exceptionally well since his release from the hospital, exceeding growth charts and other developments, typical of a premature baby.

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Settlement for Collision During a Funeral Procession

On October 26, 2020, our client, a 24-year-old female, had just left a funeral of a close family friend. She was riding in the vehicle procession to the cemetery in Harvey, IL when another driving coming toward the procession failed to see the line of cars. Our client’s car, like the other vehicles in the procession, had a funeral sticker on it, its hazards lights were activated, and it was traveling at a low speed. Nonetheless, the negligent driver, traveling at a speed too fast for conditions and trying to beat the funeral procession, struck our client’s vehicle on the driver’s side and spun it around. Our client was transported by ambulance to the hospital. She sustained neck, back, and a left hip injury. After being released from the hospital, she followed up with specialists who recommended a course of physical therapy and an epidural injection to her lower back when the pain persisted.

The car accident attorneys at Gainsberg Injury and Accident Lawyers were able to secure witness statements that showed the negligent driver failed to yield to the funeral procession and was at-fault for the collision. The negligent driver was also cited by the responding police officer. Following her recovery, Gainsberg Injury and Accident Lawyers’s car accident attorneys negotiated a fair and equitable settlement for our client.

Policy Limits Settlement for Pedestrian Who Suffered Catastrophic Injuries in Crosswalk Collision

On January 28, 2021, our client, a 48-year-old female, was with her husband. She was crossing a street in a crosswalk in Blue Island, IL when a driver failed to see her and struck her in the crosswalk. Our client suffered massive injuries from the collision, including several fractures, head trauma, and spinal issues   Our client was hospitalized for several months and had double-digit surgeries. After Gainsberg Injury and Accident Lawyers was hired, our car accident attorneys quickly obtained recorded statements of the witnesses and established clear liability of the driver that hit our client. Our attorneys also demanded that the negligent driver contribute to any settlement. Gainsberg Injury and Accident Lawyers was able to secure within a few months a policy limits settlement and a personal contribution from the negligent driver. While compensation alone will not come close to making our client whole, she was rendered justice in the fact that the settlement hurt the negligent driver financially and thus constituted an admission that he was in the wrong.

Policy Limits Settlement for Rideshare Passenger

Our client, a 57-year-old male, was a passenger in a rideshare vehicle that was stopped at a red light. Another vehicle, travelling at a high rate of speed, reared ended the ride share vehicle. The car accident attorneys at Gainsberg Injury and Accident Lawyers, P.C secured the police body camera videos that established the clear negligence of the at-fault driver.

Our client sustained low back pain and a neck injury. An MRI revealed that our client had disk herniations in his cervical spine. Our client underwent several epidural injections to help alleviate the pain. When the pain continued, he was referred to a neurosurgeon, who recommended a cervical fusion. The Chicago personal injury attorneys of Gainsberg were able to secure a policy limit settlement based on the type of neck injury our client sustained and the need for surgical intervention.

Policy Limits Settlement for Wrongful Death of a Pedestrian

On January 26, 2020, a 58-year-old female was crossing the street when she was hit by a speeding car. The woman passed away at the scene. After the traffic ticket was dismissed against the at-fault driver, her distraught two adult children contacted Gainsberg Injury and Accident Lawyers to seek justice. Gainsberg Injury and Accident Lawyers investigated the accident, obtained police reports that the police sought not to release, and received an apology from the driver. With the start of the Covid-19 pandemic, the family of the decedent agreed to resolve the matter for the policy limits of the speeding driver’s insurance policy.

Settlement for Pedestrian Run Over by an Uninsured Driver on Super Bowl Sunday

A 37-year-old female was shoveling snow with her daughter in an alley next to her garage on Super Bowl Sunday during a snowstorm. A car came through the alley and ran over the pedestrian right in front of her daughter. The car did not stop but left the scene. The pedestrian suffered severe fractures to her spine, underwent surgery, and missed substantial time from work. The pedestrian attempted to file a claim with her own insurance company but was unsuccessful. She then hired Gainsberg Injury and Accident Lawyers to bring an uninsured motorist claim since the pedestrian was injured by a hit and run driver. At first, the pedestrian’s insurance company blamed her for the accident, even though she has been run over, saying she was playing in the snow. Gainsberg Injury and Accident Lawyers was able to get the insurance company the proper police, ambulance, and medical reports to demonstrate the pedestrian did nothing wrong. Shortly after presenting this information, Gainsberg Injury and Accident Lawyers was able to negotiate a settlement for the policy limits of $100,000.00.

Settlement for Bicyclist Struck by a Car

A 29-year-old male bicyclist was struck by a motor vehicle that was making an improper turn. The injured bicyclist sustained a broken clavicle. The case settled for the policy limits of $100,000 for all insurance policies that covered the bicyclist’s significant injury.

Policy Limits for Head-On Collision Involving Multiple Vehicles

On April 15, 2021, our client, a 64-year-old-male, was on his way home from an errand when he was in a multiple-vehicle accident. Our client was going northbound on Cicero Ave in Chicago, IL when a Jeep Liberty, traveling southbound on Cicero at a high rate of speed, lost control, side-swiped a vehicle, crossed the center line, and struck our client’s car head-on, on the driver’s side of his vehicle. Our client suffered a crushing injury to his left leg and hip. He had a broken femur and needed emergency surgery to repair the fracture. He also suffered a fracture to his fibular or left lower leg. Our client was hospitalized for close to a month as he rehabilitated his left leg and hip injuries.

The vehicle that collided with our client’s car had rear-ended another vehicle shortly before losing control and striking our client head-on. The collision with our client caused a fifth car to strike our client’s vehicle and veer off the street and into a fence. In light of the multiple collisions, the auto accident attorneys at Gainsberg Injury and Accident Lawyers had to address the injuries sustained and the insurance availability of the at-fault driver. Our client was the most severely injured victim of this collision and Gainsberg Injury and Accident Lawyers pointed our that his injuries warranted the policy limits of the at-fault driver. Gainsberg law was able to secure the policy limits for our client within six months of the collision and thereby obtained justice and compensation for our client’s serious injuries.

Policy Limits Settlement for Victim of Distracted Driving Intersection Collision

Our client, a 37-year-old male was driving home with his spouse on February 6, 2021, when a distracted driver on the phone ran a red light and struck our client’s vehicle in the intersection. Our client was transported to the emergency room with trauma to his head, neck, and back, plus cuts and scrapes throughout his body. He subsequently developed massive bruising in his lower body. He was recommended scans and a course of physical therapy for his back and neck injuries. Our client also saw a neurologist who diagnosed him with memory loss and other neurologic deficits. As our client’s bruising healed, he developed a deformity in his lower body. A surgeon recommended plastic surgery for the deformity. After Gainsberg Injury and Accident Lawyers and its auto accident lawyers presented the evidence of liability and significant injuries sustained to our client, the insurance company for the negligent driver agreed to tender and pay the policy limits.

Settlement for Female Passenger Struck by a Lost Driver Near the Airport

On September 22, 2019, our client, a 32-year-old female who works for an airline, was leaving work. She was picked up by her roommate at the airport and was heading home on the same route she always takes. A driver in the lane next to her was unfamiliar with the airport area and apparently missed a turn to get to the terminal. The driver decided to make an illegal U-Turn from the right-hand land and struck my client’s vehicle on the passenger door, right next to where she was sitting. The impact aggravated a previous back injury that my client had suffered at work. My client underwent five months of pain management, including epidural injections and a medial branch block. The case settled within 8 months of the accident.

Order for Injury Victim Whose Claim Was Wrongfully Denied by Unique Insurance Company

April 5, 2017, a judge awarded more than $90,000 to our client after his insurer, Unique Insurance Company, wrongfully denied his claim. Our client sustained bodily injury in an accident with an uninsured driver. His personal injury damages, medical bills, pain and suffering – the original claim – did not exceed the $20,000 policy limits. The insurer for the at-fault party denied coverage for non-cooperation. Unique Insurance Company, therefore, was contractually bound to honor the claim. Instead, contrary to IL law, Unique insisted we had the burden to sue the insurer for the at-fault party and provide non-coverage. The court awarded our client the full amount of the attorneys’ fees, as well as $60,0000 in sanctions against Unique Insurance Company for violating section 155 of the Illinois Insurance Code, and acting unreasonable and vexatious in responding to an uninsured motorist claim.

[More on Insurance Claims]

Slip and Fall on Improperly Installed Tiles

Our client, a 39-year-old female, worked at a large office building in downtown Chicago, IL. On February 4, 2015, she was entering the building when she fell on wet and slippery tile outside the entrance. She injured her knee and had an arthroscopic procedure. The tile had been recently installed as part of a renovation of the building. At the time of our client’s fall, it had recently snowed, and the tile was wet. The building’s insurance company initially denied liability, claiming the weather caused the fall and not the tile.

Gainsberg Injury and Accident Lawyers was able to locate the contractors that installed the title and the type of tile installed. The building and the contractors had chosen to install cheaper tile that was not designed for heavy pedestrian traffic outside a large office building. This brand of tile also became more slippery when wet as compared to more expensive, safer tile. Gainsberg Injury and Accident Lawyers also discovered that many tenants of the building had complained to the building management about the slippery tile. After the litigation revealed the nature of the tile, Gainsberg Injury and Accident Lawyers was able to obtain a settlement of $80,000.00.

Settlement for Family Injured in a Rear-End Car Accident

On November 17, 2021, our clients – a 29-year-old male and female – were on their way home with their two children ages, 4 and 2. Our clients were stopped at a red light on the chilly but bright November day. Suddenly, they were rear ended while waiting for the light to change. The two adults and children immediately went to the emergency room for injuries to multiple parts of their bodies. The two children followed up with their pediatricians and recovered quickly from the trauma of the accident. The parents, however, had more extensive injuries to their necks, back, arm, and leg. Both parents had to undergo several months of physical therapy and have MRIs of their neck and back. After this type of aggressive treatment, our two clients made an excellent recovery. The auto accident attorneys at Gainsberg Injury and Accident Lawyers were able to negotiate a global $80,000.00 settlement for the entire family, which provided fair, just, and equitable compensation for the injuries sustained in the rear end car collision.

Settlement for Slip-and-Fall Victim at the North Riverside Mall, North Riverside, IL

On July 16, 2016, a 46-year-old male was at the North Riverside Mall in North Riverside, IL. Our client slipped and fell on substance, which appeared to be some type of liquid, near the food court. Our client sustained a fracture to his right ankle and required surgery. He made an excellent recovery from the surgery and had full range of motion and use of his ankle within a month after the surgery.

The mall and its maintenance company disputed that it had any notice of the liquid and initially denied the claim. The mall stated that another customer must have spilled the liquid merely moments before our client fell. The video camera in the food court did not capture the fall or how the liquid spilled. After extensive negotiations and providing evidence that the mall and its maintenance company had an opportunity to clean the spill, the mall and its maintenance company agreed to a $50,000.00 settlement. The settlement allowed our client to avoid the time and expense of trial and get the necessary and proper compensation for his injury.

Driver in Car Fire After an Oil Change

On September 28, 2021, our client a 64-year-old male had his oil changed at a local auto repair shop. After picking up his vehicle fallowing the oil change and while driving home, he noticed smoke and flames coming out of the engine area. He quickly pulled to the side while the car started to be engulfed in flames. He had to rapidly pull the car over and climb out of the driver’s side. In the process, he injured his left knee and left shoulder. He also suffered some smoke inhalation.  Following an ambulance ride to the emergency room, where he was checked out and reported knee pain from exiting the vehicle, he followed up with pain management and an orthopedic doctor regarding his shoulder and knee. Our client also underwent a few months of physical therapy.

The personal injury attorneys at Gainsberg Injury and Accident Lawyers were able to show how the repair shop negligently caused a leak that led to the fire and our client’s injuries. We were able to hold the business responsible that caused the fire. After our client completed his medical treatment, the attorneys at Gainsberg Injury and Accident Lawyers negotiated a fair and equitable settlement for our client.

Settlement for Slip and Fall at a Night Club

On Super Bowl Sunday February 3, 3019, our 36-year-old client went to a nightclub after watching the super bowl. She slipped and fell on a large water puddle that had been on walkway near the bar. The floor was bare concrete and did not contain any type of protections against slippery conditions. Our client suffered a left elbow dislocation and required several months of medical treatment. Gainsberg Injury and Accident Lawyers successfully argued that the conditions of the floor were unsafe and dangerous to customers of the night club. The case settled for $40,000.00 without any lawsuit.

Policy Limits for Driver in Multi-Vehicle Accident

On January 20, 2021, our client was stopped at a 4-way stop sign in Joliet, IL. Another vehicle approached the intersection and failed to stop. That vehicle then attempted a left turn, striking a third vehicle that had stopped and had the right-of-way. The force of that crash caused one of the vehicles to strike our client’s vehicle head-on while her vehicle was stopped. Our client suffered back and neck injuries and a substantial concussion. She was immediately transported to the emergency room and followed up with extensive therapy. She also saw a specialist for her concussion and was diagnosed with concentration and memory issues. Thankfully, our client made a full recovery after several months of medical treatment. Gainsberg Injury and Accident Lawyers secured a policy limits settlement even though the at-fault driver’s insurance company initially denied liability and wrongfully blamed the vehicle that had the right-of-way in the collision.

Settlement for Pedestrian Injured in a Hit-and-Run

On June 22, 2016, 21-year-old female pedestrian struck by a hit-and-run driver in the crosswalk at a high rate of speed. The victim sustained a non-displaced fracture to the neck and was transported to the hospital by ambulance. Her neurosurgeon was able to treat the fracture without any surgery and my client made an excellent recovery. The driver of the other vehicle was never found. Gainsberg Injury and Accident Lawyers negotiated a settlement for the policy limits under my client’s uninsured motorist policy.