$80,000 Award for Motor Vehicle AccidentMay 1, 2018
In February 2016 Plaintiff was operating a motor vehicle when the Defendant failed to yield to Plaintiff’s right of way, failed to maintain proper observations and/or otherwise failed to take evasive action when he disregarded the stop sign controlling his direction of travel, entered Plaintiff’s lane of travel and impacted her vehicle at an excessive rate of speed without warning.
Following the accident, Plaintiff was taken via ambulance to the hospital where she underwent X-rays and CT scans which revealed Non-displaced fracture of the sternal manubrium with underlying soft tissue density in the anterior mediastinum. Several days later, she presented to a chiropractor where she complained of radiating pain down her right leg, which was also accompanied by numbness and tingling. She thereafter commenced a course of conservative treatment consisting of chiropractic care, physical therapy and acupuncture. While undergoing treatment, she was referred for additional diagnostic testing in the form of MRI tests to her cervical spine and lumbar spine which revealed a central disc herniation at C3-C4 and a bilateral disc herniation at L4-L5. In addition, she also underwent an upper extremity EMG/NCV which revealed a right C4-C5 radiculopathy and C7 Radiculopathy. The lower extremity EMG/NCV report demonstrates abnormal findings also consistent with bilateral S1 radiculopathy.
When her pain failed to alleviate with the conservative course of treatment, she consulted with a pain management doctor and underwent a lumbar epidural injection at L5-S1, a cervical epidural steroid injection, and a right cervical medial branch block at C3, C4, C5 and C6. Plaintiff thereafter consulted with a neurosurgeon but ultimately decided not to proceed with any surgical recommendations.
The case settled for the Defendant’s $15,000.00 policy limit prior to the scheduling of a trial. Additionally, Plaintiff possessed an insurance policy with a limit of liability for underinsured motorist benefits in the amount of $100,000.00. That case settled for $65,000.00, prior to the scheduling of a trial.
As such, the case settled for a total amount of $80,000.00.
Plaintiff was governed by a verbal threshold. No lost wage claim asserted. No defenses with respect to liability or damages.