On January 29, 2016 Madison Roury left her home in Kendall to cross the street to purchase some items from a convenience store. [i] As she was crossing the street with a friend, Madison was struck by a vehicle and thrown to the air. She landed on her head and was unresponsive. Madison was disoriented, combative, uncooperative and not able to follow commands due to her injuries given by fire rescue.
Madison was transported to Kendall Regional Medical Center, a level II trauma unit, where she was intubated and diagnosed with blunt chest trauma and multiple rib fractures; pulmonary decline; a right sided pneumothorax; and, as a result of head trauma, a subarachnoid hemorrhage and scalp contusions. Doctors were concerned that Madison had sustained cardiac injuries as well.
Madison was intubated and placed in a chemically induced coma to allow her body to heal and wait for the swelling of her brain to decrease. Eventually, Madison was awakened from her coma and began to undergo significant physical therapy. With a lot of hard work and effort on her part, Madison began to walk again and, today has no mental impairment.
Madison’s family contacted David Sampedro and asked him how they could manage to pay for Madison’s medical bills in the past and much needed physical therapy in the future. David contacted the driver’s insurance company who revealed that in addition to an underlying bodily injury liability policy, the driver also had an umbrella policy which would cover her above and beyond the underlying limits of the vehcile. While David explained Madison’s injuries to the insurance company, the insurance company attempted to defend the case by blaming Madison for the accident. They said that she was jay walking and had been responsible for causing the accident. In addition, they indicated that the street where Madison was struck was very dark and that their insured had no ability to see Madison as she darted across the street.
After six weeks and mounting concern that they may be responsible for extra contractual liability, David convinced the insurance company to tender their policy limits and the matter was resolved for the sum of $1.3 Million. Today Madison is healthy and, in part, because she had the funds necessary to help pay for therapy, is walking and working again.
[i] The names of all parties have been changed to protect their confidentiality.
