THE DAY OF THE ACCIDENT
Auto Accident Victim: “S.M.” (all names are changed for privacy) 50 years old, male.
Accident Date: The accident occurred on March 31, 2016, around 8:00 in the morning, in Phoenix, Arizona.
The Accident Location: The accident happened at the intersection of South 48th Street and East Warner Road in Phoenix, Arizona.
Accident Description: S.M. was riding his motorcycle while wearing a helmet, down the road when the at-fault driver in a Range Rover swerved in front of his motorcycle, causing S.M. to brake suddenly. Due to the sudden application of his brakes, S.M. threw over the handlebars of his motorcycle and onto the pavement. The at-fault driver pulled off the roadway into a parking lot. The Phoenix Police Department responded to the scene of the accident to conduct an investigation. Phoenix Police spoke to both drivers and assessed that no one needed immediate medical attention. The police did not write any report as a result of this accident. The issue caused a significant issue with the liability determination. As reported to S.M.’s Motorcycle Personal Injury Lawyer.
Citation: No citation was an issue in this matter.
DIRECTLY AFTER THE ACCIDENT
How Medical Treatment Impacted S.M.’s Auto Accident Claim via a Motorcycle Personal Injury Lawyer
Medical Treatment: On the day of the collision, S.M. presented to Arizona General Hospital with complaints of moderate to severe pain in his bilateral arms, chest, left elbow and left leg. Following an examination, he was suffering from multiple bilateral abrasions in upper extremities and contusions to left ribs. He was administered Ketorolac injection.
Three weeks after the accident, as his pain persisted, S.M. presented to Eric Cerre, NMD with complaints of left rib pain in the mid-axillary region. He reported shortness of breath when taking a deep breath and a dull pain at rest. S.M. had shallower breathing secondary to his pain. He noted multiple abrasions on his left arm, bilateral elbows and forearms and bilateral knees. Following an examination, Dr. Cerre diagnosed him with cervicalgia, cervical sprain/strain, thoracic pain, contusions of the left ribs and myofascitis. Dr. Cerre administered four trigger point injections to Mr. Mangan’s affected regions. S.M. treated with Dr. Cerre a total of five times over the course of 3 weeks. Again, as told to the victim’s Motorcycle Personal Injury Lawyer.
Total Medical Bills: S.M.’s medical bills totaled $4,724.66.
Lost Wages: S.M. did not make a claim for lost wages as a result of this Arizona accident.
Health Insurance: S.M. had health insurance at the time of the Arizona accident and used his health insurance to defray some of the cost of treatment.
Client’s Car Insurance: S.M. had car insurance at the time of the Arizona accident through Countrywide Financial. S.M. did not receive any compensation from his own insurance policy for bodily injuries.
At-Fault Car Insurance: The at-fault driver had car insurance at the time of this Arizona accident through The Hartford. However, the Hartford never accepted liability on this claim.
Final Settlement: Final settlement was never reached in this matter as The Hartford refused to accept liability for the actions of its insurance. The lack of police report, citation, and corroborating witnesses undermined the validity of S.M.’s claim. Further, S.M. did not have a personal policy which would allow for compensation in this matter, specifically, S.M. did not have a Medical Payments policy on his personal car insurance.
In conclusion, after a significant effort of the Motorcycle Personal Injury Lawyer to reach a settlement in this matter, S.M. was released from representation. Because he did not wish to move forward with litigation. This case had several issues which made it difficult to move forward. Ultimately due to the inability to reach a compromise with the at-fault driver’s insurer and the high costs of litigation, S.M. chose not to move forward. Litigation would have been necessary in order to have a liability determined by a jury, judge, or arbitrator, however, given the limited amount of medical expenses and the conflicting witness testimony, the costs of litigation far outweighed the conceivable settlement paid if S.M. had won at trial.