Head & Back Injuries in Auto Accident Settlement Cases
What Does A Settlement Include in a Back Pain Auto Accident Settlement Case?
THE DAY OF THE ACCIDENT:
Auto Accident Victim: “J.B.” (all names are changed for privacy) 44 years old, male,
Accident Date: The accident occurred on February 3, 2016, around 5:00 p.m. in Mesa, Arizona.
Location of the Accident: The accident happened at the intersection of West Baseline Road and South Extension Road in Mesa, Arizona
Accident Description: J.B. was driving a 2014 Mazda CX9 westbound on Baseline Road approaching South Extension Road. J.B. stopped his vehicle for traffic when he was rear-ended by the at-fault driver. Unfortunately, the at-fault driver did not see that J.B.’s vehicle was stopped and hit the back portion of J.B.’s vehicle. Then, the Mesa Police Department responded to the scene to conduct an investigation. After interviewing J.B. and the at-fault driver, Mesa Police cited the at-fault driver with failure to control speed to avoid a collision. Also, J.B. refused medical treatment at the scene and drove his vehicle away from the scene himself.
The at-fault party was cited at the scene for 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: In addition, the estimated value of the repairs to J.B.’s vehicle was approximately $1,185.89, as per the Auto Accident Settlement case filed.
DIRECTLY AFTER THE ACCIDENT
How Medical Treatment Impacted J.B.’s Auto Accident Settlement Claim.
Medical Treatment: On the day of the collision, J.B. presented to Mercy Gilbert Medical Center where he was diagnosed with lumbar radicular pain, acute low back pain, and myalgia. Thus, he was administered Ketorolac injection and was prescribed pain medications.
Two days after the accident, J.B. presented to Dufour Accident Chiropractic & Acupuncture Center where he was diagnosed with a sprain of cervical spine ligaments, thoracic sprain/strain, muscle spasms, lumbar spine and pelvis sprain and stiffness of an unspecified joint. As a result, Dufour Accident Chiropractic & Acupuncture Center started him on a course of chiropractic therapy. J.B. treated with Dufour Accident Chiropractic & Acupuncture Center for over 11 weeks, a total of 25 visits.
About 12 days after the accident, per Dufour Accident Chiropractic & Acupuncture’s referral, J.B. presented to Eric. K. Cerre, NMD, Dr. Cerre diagnosed J.B. with headaches, neck pain, cervical sprain/strain, thoracic sprain/strain, lumbar sprain/strain, sacrum sprain/strain, myofascitis, thoracic pain and lumbar disc herniation. In order to control J.B.’s pain, Dr. Cerre administered four Lidocaine, Kenalog and Marcaine trigger point injections to his affected regions. J.B. treated with Dr. Cerre for over five weeks, a total of four visits.
Following Dr. Cerre’s recommendation, J.B. underwent an MRI of his lumbar spine. The lumbar spine MRI revealed loss of the normal lordotic curvature of the lumbar spine. Further, there was a left paracentral/neural foraminal focal disc herniation at L5-S1. This is indenting the ventral thecal sac and elevating the posterior longitudinal ligament-contacting the left transiting S1 nerve. Further, it narrows the left lateral recess. Sagittal T2-weighted arrow showed L5-S1 disc herniation.Axial T2-weighted arrow showed L5-S1 disc herniation. As filed in his Auto Accident Settlement claim.
Total Medical Bills: J.B.’s medical bills totaled approximately $12,886.32.
Lost Wages: J.B. did not make a claim for lost wages as a result of this accident.
Health Insurance: J.B. had health insurance at the time of the accident and used it while treating his injuries. Consequently, J.B.’s health insurance received compensation from the settlement for a portion of the payments it made on J.B.’s behalf.
Client’s Car Insurance: J.B. had car insurance at the time through State Farm Mutual Automobile Insurance Company. Accordingly, J.B. used his own car insurance to aid in negotiating his property damage settlement. His premiums did not increase because he reported the accident and used his own car insurance.
At-Fault Car Insurance: The at-fault driver had car insurance through Farmers Insurance Company. Farmers Insurance Company accepted full liability in this accident.
Final Settlement: J.B.’s total settlement was $19,000.
Therefore, J.B. was pleased with the results of this Auto Accident Settlement case. As a consequence, he was able to have his vehicle repaired, received the treatment he needed in order to return to the state of wellness he was in prior to the accident, and received compensation for his pain and suffering. Ultimately, J.B. received $6,800 for his bodily injuries in this Auto Accident Settlement, the balance paying his medical bills and attorney’s fees and costs.