Dennis VanDerGinst recently settled a personal injury claim on behalf of an anonymous local man for $1.2 million. The amount represents the highest reported recovery for an injury of its kind in Illinois and Iowa. Payment of the settlement will be structured in such a way that the plaintiff will actually be guaranteed over $2 million over the course of several years.
The plaintiff, anonymous for privacy reasons, suffered a ruptured left eye requiring a prosthetic implant as a result of a low impact automobile accident. The collision triggered the plaintiff’s airbag to deploy which in turn caused the enucleation of the eyeball. Because the plaintiff’s vehicle was an older model there was no cause of action available against the manufacturer. However, the “at fault” driver had reasonable liability and umbrella insurance coverage which allowed for the settlement.
For this type of injury the settlement amount is the largest ever reported in Illinois, outside of Chicago. And it is the second largest in Illinois history. The only larger recovery in Illinois for this type of injury was reported last year in Chicago. However, that was a high speed collision resulting in multiple facial fractures; surgeries and scarring that were not present in this case.