$28,000 SETTLEMENT FOR SOFT-TISSUE INJURIES IN REAR-END COLLISION
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C.S, a 42-year-old woman, was involved in a rear-end collision as the result of another driver’s careless actions. She received a settlement in the amount of $28,500 as compensation for her lost wages, vehicle repairs, pain and suffering, and medical bills for soft-tissue injuries to her neck, back, and arm.
At 8:45 a.m. on January 27, 2015, C.S. was driving her 2000 Toyota 4Runner westbound on SR-202 in Tempe, Arizona. She occupied the number one lane. The traffic in front of her abruptly slowed and she had just brought her vehicle to a complete stop when she was struck from behind by the at-fault driver, causing her car to lurch forward and hit the vehicle stopped in front of her. The at-fault driver had just changed lanes into the number one lane when traffic abruptly stopped.
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 were treated for injuries at the scene or transported to the hospital. All three drivers drove their vehicles from the scene.
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
The day after the incident, C.S. presented to Verve Chiropractic & Associates, where the chiropractor performed x-rays of the cervical, thoracic and lumbar spine and diagnosed her with whiplash, cervicalgia, somatic dysfunction of cervical, thoracic and lumbar regions, lumbosacral neuritis and spasm of muscle. She was treated with chiropractic therapy including chiropractic manipulation, therapeutic exercises, electric stimulation therapy, hot/cold pack therapy, massage therapy, and mechanical traction therapy.
Treatment and Medical Expenses
Despite rest and multiple pain medications, C.S.’s pain intensified. When she could no longer withstand the pain she presented to Gilbert Urgent Care. Gilbert Urgent Care evaluated C.S. and she was diagnosed with back pain, weakness of the right side of her body, and 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, C.S. presented to Dignity Health Medical Group where she was evaluated for severe pain in her neck, right shoulder, and arm. She was prescribed pain medication and advised to continue her chiropractic therapy.
C.S. treated with Verve Chiropractic & Associates for a total of 55 visits over the course of four months.
Her total medical expenses totaled $12,540.75.
C.S. made a claim for lost wages in the amount of $270 because she was forced 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.
Additionally, the estimated value of repairs to C.S.’s vehicle was $2,275.46.
C.S. had health insurance at the time of the accident and used it to defray the cost of her treatment.
C.S. also had car insurance at the time of the 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 took about nine months to be reached after the accident occurred. C.S.’s premiums did not increase as a result of using her own car insurance to supplement her bodily injury settlement.
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. Settlement was reached about eight months after the accident occurred.
As the victim in this Arizona auto accident, 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 be reached in this matter. Subsequent to settlement, C.S.’s health insurance company received compensation from the bodily injury settlement for payments made on behalf of C.S.
C.S. was pleased 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 accident. She also received compensation for her lost wages, had her vehicle repaired, and was compensated for her pain and suffering. 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.