Soft Tissue Injury in Auto Accident Case

THE DAY OF THE ACCIDENT:

Auto Accident Victim: “C.S.” (all names are changed for privacy) 42 years old, female.

Accident Date: The accident occurred on January 27, 2015 around 8:45 in the morning, in Tempe, Arizona.

The Accident Location: The accident happened on Westbound SR-202 near Milepost 8.7 in Tempe, Arizona.

Accident Description:  C.S. was driving her 2000 Toyota 4Runner westbound on SR-202 in the number one lane.  The traffic in front of her abruptly began to slow. She had just brought her vehicle to a complete stop when she got struck from behind by the at-fault driver. It  lurched forward her car and hit the vehicle stopped in front of her.  The at-fault driver had been driving westbound in the number two lane. She had just changed lanes into the number one lane when the traffic abruptly stopped.

The Highway Patrol responded to the scene of the accident to conduct an investigation and spoke with each of the involved drivers.  The at-fault driver told police that he had seen the cars stop in front of him as he changed lanes, but was unable to stop in time to avoid the collision.  The police issued a citation to the at-fault driver for failure to control speed to avoid a collision.  None of the involved parties got treatment for injuries at the scene.  All three drivers drove their vehicles from the scene.

Citation: The at-fault party was cited at the scene with violating A.R.S. 28-701A, failure to control speed to avoid a collision. “A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.” http://www.azleg.gov/ars/28/00701.htm

Property Damage: The estimated value of the repairs to C.S.’s vehicle was approximately $2,275.46 in property damage. 

DIRECTLY AFTER THE ACCIDENT: How Medical Treatment Impacted C.S.’s Auto Accident Claim. 

Medical Treatment: The day after the incident, C.S. presented to Verve Chiropractic & Associates, where the chiropractor performed x-rays of cervical, thoracic and lumbar spines and diagnosed her with whiplash, cervicalgia, somatic dysfunction of cervical, thoracic and lumbar regions, lumbosacral neuritis and spasm of muscle. She got chiropractic therapy including chiropractic manipulation, therapeutic exercises, electric stimulation therapy, hot/cold pack therapy, massage therapy, mechanical traction therapy.  So, C.S. treated with Verve Chiropractic & Associates for a total of 55 visits over the course of four months.

Despite rest and multiple pain medications, C.S.’s pain intensified. She could no longer withstand the pain and presented to Gilbert Urgent Care.  Gilbert Urgent Care evaluated C.S. and she was diagnosed with back pain, weakness of right side of body, decreased sensation. Gilbert Urgent Care transferred C.S. to Banner Baywood Hospital Emergency Room for further treatment.

The day after her visit to Gilbert Urgent Care, due to her continued symptoms, Ms. Silva presented to Dignity Health Medical Group where she got evaluation for severe pain in her neck, right shoulder, and arm. So, the doctor recommended her for the pain medication and advised to continue her chiropractic therapy.

Total Medical Bills: $12,540.75

Lost Wages: C.S. made a claim for lost wages in the amount of $270 because she had to take time off work due to her pain and suffering and in order to receive treatment for the injuries she sustained as a result of this accident.

Health Insurance: C.S. had health insurance at the time of the Arizona accident and used it to defray the cost of her treatment.  The health insurance company received compensation from the bodily injury settlement for payments made on behalf of C.S.

Client’s Car Insurance: C.S. had car insurance at the time of the Arizona accident through Geico Casualty Company.  Because of the severity of C.S.’s injuries, she received $13,500 from her own Uninsured/Underinsured Motorist Policy.  This settlement undergo about nine months after the time of accident.  C.S.’s premiums did not increase as a result of using her own car insurance to supplement her bodily injury settlement.

At-Fault Car Insurance: The at-fault driver had car insurance through Progressive Preferred Insurance Company.  Progressive accepted full liability in this accident and paid C.S. $15,000 to settle her claim.  They undergo the settlement about eight months after the Arizona accident occurred.

Final Settlement: C.S.’s total settlement was $28,500.  This settlement includes the $15,000 paid by the at-fault driver’s insurance, as well as the $13,500 paid by C.S.’s own Uninsured/Underinsured Motorist policy.  The total settlement took around 9 months to get complete.

Conclusion:

In conclusion, C.S. was happy with the results of her case.  She was able to receive the treatment. She needed to return to the state of well-being she was in prior to the Arizona accident. C.S. received compensation for her lost wages, had her vehicle repaired, and was compensated for her pain and suffering.  However, C.S. treated for around four months.  Ultimately C.S. received around $11,000 for her bodily injuries in this settlement, the balance going to pay her medical bills and attorney’s fees and costs.


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