$100,000 Award for Motor Vehicle AccidentMay 1, 2018
In October 2016, Plaintiff was operating a motor vehicle and while fully stopped in traffic, the defendant negligently failed to maintain proper observations, failed to maintain reasonably safe following distance and/or otherwise failed to take evasive action when she struck Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.
Initially, Plaintiff did not present to the hospital because she was merely suffering from adrenaline with minor soreness throughout her body. When her discomfort did not resolve on its own, she presented to the emergency room the following day where she complained of pain in her neck, lower back, arms and knees bilaterally, and her left shoulder. Following her discharge from the emergency room, she presented to a chiropractor and she ultimately commenced a course of conservative management consisting of chiropractic care and physical therapy. She thereafter underwent diagnostic tests which revealed a central posterior protruded disc herniation at C2-3, central posterior protruded disc herniation at C3-4 and with regard to her left shoulder a partial thickness tear of the supraspinatus tendon with fluid in the subacromial/subdeltoid bursa compatible with shoulder impingement. Her lumbar studies revealed disc bulging at L1-2 as well as L2-2, L3-4 and L4-5. When the course of conservative treatment failed to alleviate her pain, specifically her shoulder pain, she was administered a left shoulder cortisone injection. When her pain persisted after the injection, she was recommended for and underwent left shoulder surgery. Plaintiff underwent some post-operative followup visits with her operating surgeon, and was discharged. She did not undergo additional treatment with regard to her cervical injuries.
The case settled for $100,000.00, prior to the scheduling of a trial.
No lost wage claim asserted. No defenses with respect to liability or damages.