On November 17th, 2007 Russell Charles was driving an 18-wheeler, transporting sugar cane during grinding season. A man driving a truck fell asleep at the wheel and crossed the median, hitting Charles’ 18-wheeler and causing it to jackknife. Mr Charles had a history of previous back injuries and chronic pain. This accident worsened his back problems to the point where he could no longer work and was in significant daily pain.
Mr Charles was an insured driver, and also had insurance for uninsured motorists. The man who hit him did not have insurance. When he filed for workers compensation and made an insurance claim, both insurance parties denied his claims. The insurance companies argued that his injuries were from existing health problems and could not be from the most recent accident.
The Law Offices of L. Clayton Burgess reviewed Mr. Charles’ case and found discrepancies in the insurance companies’ arguments. A vocational rehab specialist ruled Mr Charles as “unable to do any type of gainful activity for the remainder of his life.” Testimony from his doctors also showed a significant decline in his health since the accident.
Mr. Charles’ case was settled out of court once the evidence for his impairment was presented. The Law Offices of L. Clayton Burgess helped him get a $35, 000 settlement from insurance. A further $259,779.63 was awarded for worker’s compensation.