A routine day at work turned into a life-changing event for Wayne Lange, a 58-year-old Army veteran and dedicated utility locator. What should have been a standard safety procedure, placing cones at the rear of his work vehicle, ended in severe, permanent injury after an unknown SUV struck him and fled the scene.
When the Driver Disappears, Justice Doesn’t Have To
Though the driver was never identified, our team at Pullano & Siporin fought through multiple legal layers to ensure Wayne received fair and full compensation for his injuries. Ultimately, we secured a total recovery of $1,145,000 for Wayne. This compensation will help him cope with long-term pain, permanent work restrictions, and the loss of his livelihood.
This case highlights the importance of understanding uninsured motorist (UM) policy language, coordinating workers’ compensation with personal injury law, and fighting for justice even when the responsible party disappears.
A Sudden, Violent Collision That Changed Everything
On the day of the incident, Wayne was simply doing his job. As he placed cones behind his work vehicle to set up a safe perimeter, an SUV swerved toward him out of nowhere.
It struck his left hip with brutal force, throwing him into the rear of his vehicle. Before anyone could identify the driver or get a license plate number, the SUV fled the scene.
Immediate Aftermath and Escalating Pain
Wayne reported the incident to his supervisor right away. Despite the pain, he chose to drive himself to an urgent care center, a testament to his resilience and military background. There, he was diagnosed with a left hip contusion. He was prescribed pain medication, advised to rest, and told to follow up if the pain didn’t subside.
Unfortunately, the pain worsened significantly. Within days, Wayne found himself unable to work, prompting a visit to orthopedic specialists at Loyola University Medical Center.
As Conservative Treatment Fails, a Difficult Journey Unfolds
Doctors first pursued conservative treatment options: physical therapy, rest, and medication. None of these offered Wayne relief. His mobility was limited, his pain was chronic, and he still couldn’t return to work. Eventually, the orthopedic surgeon determined that a total hip replacement was necessary.
Surgery Offers Hope, But Not Relief
While the surgery was successful, it wasn’t a silver bullet. Post-operative pain persisted, and multiple rounds of injections brought only minimal relief.
In time, Wayne was given permanent work restrictions: no heavy labor and no prolonged sitting. Both devastating for someone in his line of work.
A Career Cut Short
Determined to get back on his feet, Wayne spent over a year trying to find a job that met those restrictions. He had decades of experience and a strong work ethic, but no employer could accommodate his new limitations.
After a thorough evaluation, vocational rehabilitation consultants sadly deemed him unemployable due to his injuries.
The Issue With Complex Insurance Layers
This case wasn’t just tragic, it was legally complex. Multiple layers of insurance were involved, which needed to be navigated carefully and skillfully to ensure Wayne would receive full compensation for his injuries.
Two Policies, One Complicated Situation
Wayne had been driving a company-owned vehicle, so his employer’s workers’ compensation insurance initially stepped in to cover medical costs and lost wages. However, because the at-fault driver fled the scene and was never identified, the case also triggered uninsured motorist (UM) claims, both through his employer’s policy and his personal auto policy.
This wasn’t a simple filing of claims, as is often the case with insurance contracts. The fine print mattered. The employer’s UM policy contained a critical clause:
“We will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any workers’ compensation policy.”
In layman’s terms, this meant that if Wayne was compensated for a specific type of damage (e.g., pain and suffering) through workers’ comp, the employer’s UM policy wouldn’t pay him again for that same damage. If not handled properly, Wayne could have walked away with significantly less than what he deserved.
The Need for Strategic Coordination Between Claims
To ensure Wayne received full compensation, our skilled personal injury team took a strategic approach. When negotiating his workers’ compensation settlement, we carefully crafted the language of the agreement to preserve his ability to pursue additional non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, under the UM policies.
How One Settlement Impacts Another
This required a deep understanding of how personal injury law interacts with insurance contracts and how one settlement could influence another. With this careful coordination, we were able to avoid common pitfalls that often reduce the value of UM claims in cases involving workers’ comp.
The Outcome? Justice Without Ever Finding the Driver
Once we finalized the workers’ compensation settlement with the necessary protections in place, Wayne’s personal UM carrier tendered the full limits of their policy. Shortly after, the employer’s UM carrier agreed to settle on the eve of the arbitration hearing, a move that avoided a lengthy and emotionally taxing legal process for Wayne.
In total, Wayne received $1,145,000 in compensation.
This settlement does more than pay medical bills. It ensures that Wayne can afford long-term care if needed, supports him in the absence of employment income, and acknowledges the serious pain and suffering he endures every day.
More Than a Case: A Life Reclaimed
Wayne Lange served his country with honor and continued to serve his community as a utility locator. The hit-and-run incident that changed his life was senseless, and the driver was never found. However, through perseverance and legal expertise, we ensured that Wayne wasn’t left behind by a system that too often fails to support the injured.
At Pullano & Siporin, we don’t just pursue compensation. We advocate for real people facing real-life consequences. Our experienced team of attorneys worked to ensure that every policy, every clause, and every opportunity for justice was fully leveraged on Wayne’s behalf.
Lessons from Wayne’s Story: What You Should Know
If you or a loved one is ever involved in a hit-and-run accident, there are a few key takeaways from Wayne’s story:
- Report the incident immediately, even if you’re unsure of the severity.
- Seek medical care and continue seeking it if symptoms worsen.
- Understand your coverage, both your employer’s and your own.
- Hire an experienced legal team, especially when multiple insurance layers are involved.
- Coordinate your claims strategically to avoid forfeiting valuable compensation.
Let Us Fight for You
At Pullano & Siporin, we’re proud to stand beside people like Wayne, individuals who’ve done everything right and still suffered unfairly. We bring decades of experience, attention to detail, and a tenacious spirit to every case we handle.
If you’ve been injured in a hit-and-run or a work-related accident and feel overwhelmed by the insurance process, you don’t have to do it alone.
Contact us today for a free consultation, and let us help you protect your future.
