A 37-year-old man was driving his pickup truck in Pinecrest, Florida. Another car ran a stop sign at the intersection.
The front of my client’s truck collided with the side of the car.
The day after the crash he went to a medical center. He complained of pain to his neck, lower back, and hip.
The x-rays of his neck showed degenerative changes. He was prescribed Ibuprofen (Advil) and a muscle relaxer.
Let’s take a quick look at his spine before the crash.
Three months before the accident, a chiropractor examined him and found muscle spasms at:
- C4 through C7
- T1 through T7
- L3 through L5.
Eight months prior to that, he had been getting medical treatment with a chiropractor for four months. He was diagnosed with.
- C4 through C7
- L3 through L5
- Sacral base
Ok. Back to the crash. Six days later after this accident, he went to a chiropractor. He complained of pain in the same areas that were injured before this accident.
I claimed the car crash caused or aggravated his multiple herniated discs.
After the accident, he had epidural steroid injections.
Big Damage to the Pickup Truck Increased the Settlement
All things equal, the settlement value of a herniated disc case is usually higher when there is big property damage to the vehicles involved.
As you can see from the photo at the top of this article, this was a big hit. The metal is bent on the hood of the pickup truck.
I once heard a mediator/attorney say, “If it can bend metal, it can herniate a disc.”
The photo below shows that the driver’s airbag deployed in the truck.
Tip: Always take pictures of airbags that deploy in a car accident. Take pictures of the other cars’ deployed airbags as well.
All things equal, the injured person has a stronger case if an airbag deploys. This is because airbags usually deploy at crashes that are 17 miles per hour or more.
A deployed airbag shows a heavy impact. A jury is more likely to believe that a car accident caused a herniated disc if the airbag deployed.
GEICO insured the negligent driver with bodily injury liability (BIL) insurance limits of $20,000.
Amanda Black was the GEICO BIL adjuster. GEICO paid its $25,000 BIL limits to settle.
My client had uninsured motorist (UM) liability insurance with Star & Shield Casualty (NARS).
North American Risk Services (NARS) handled the claim for Star & Shield.
Wilma Bledsoe was the NARS claims adjuster. She paid $19,000 to settle the case. This is in addition to the $20,000 settlement with GEICO. The total settlement was $39,000.
He received over $21,000 after I deducting my fees and costs, and paying his outstanding medical bills.
We settled in March 2014. I represented the injured man.
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