Dan and Carole trusted their carefully-chosen nursing home to provide the best possible care for Dan. One day, as they were transporting Dan to the doctor’s office in a nursing home van, the staff neglected to properly anchor his wheel chair. A fast turn and stop caused Dan’s chair to flip over.
The crash broke his back in two places.
After he was rushed to the hospital and given the news that he might not walk again, his terrified son, Dan Jr., called Alex at Tapella & Eberspacher. Alex met the family at the hospital the next day and quickly recognized the uphill battle ahead of them, but he also saw the fear and pain in their faces, and he knew he could help.
This was far from an open and shut case. Initially, the insurance company tried to deny the claim.
After days of research and investigation into who actually owned the home, Alex determined that his clients would benefit most from adding a Nursing Home Negligence claim to the claim against the insurance company. “Evaluating every avenue is extremely important when you’re bringing a lawsuit,” said Alex. “It can be time intensive to figure out who is really responsible, but it can benefit the client in unexpected ways.”
Alex spent months investigating whether there were any equipment errors in the van that could have caused Dan’s injuries. He was in constant communication with the insurance company, urging them to push Dan’s case to the top of their priority list. During that time, he also met frequently with the family to talk about the future. “When you’ve been injured, it’s important to consider all of your future needs and goals,” said Alex. “Dan didn’t just need the money to pay his extensive hospital bills, but he also deserved to have the life he had worked so hard for. That meant we had to find a way to pay for a handicap accessible home and vehicle, among other things.”
Alex refused to budge from his bottom line. He demanded an amount that would cover Dan and Carole’s medical expenses, provide Dan with the accessibility he needed to maintain his independence and dignity, and allow the couple to enjoy the financial security they deserved.
Eventually, the insurance company relented and agreed to Alex’s proposed settlement.
“The most difficult part of a case like this for our clients is that it requires a great deal of patience,” said Alex. “We could have settled months earlier for much less, but we knew we needed to wait for Dan’s treatment to run its course so that he and his family could have the future they had dreamed of.”
Hear more from Dan and Carole about how the crash and injury affected their lives.