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Back Injuries in Rear-End Collision

REAR-END COLLISION WITH BACK INJURIES EARNS $19,000 SETTLEMENT

For the protection of our clients’ identities, Thompson Law Firm uses initials to represent the victim in each case. The privacy and security of our clients is of the highest importance to us. The purpose of these case studies is solely to establish the importance of each client’s experience with Thompson Law Firm and our ability to fight on their behalf for optimal personal injury compensation.

J.B., a 44-year-old male, suffered back injuries in a rear-end collision in Arizona. With the help of his auto accident injury attorneys, he subsequently recovered compensation in the amount of $19,000 to cover his damages, including medical bills, vehicle repairs, and pain and suffering. The award in this case satisfied the client and mitigated the harm caused by the accident.

The Scene

At approximately 5:00 p.m. on February 3, 2016, J.B. was driving a 2014 Mazda CX9 westbound on Baseline Road approaching South Extension Road in Mesa, Arizona. 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.

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.

Applicable Law

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.”

Initial Injuries

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.

Treatment and Medical Expenses

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.

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 narrowed the left lateral recess. J.B. treated with Dr. Cerre for over five weeks, a total of 4 visits, and with Dufour Accident Chiropractic & Acupuncture Center for over eleven weeks, a total of 25 visits.

J.B.’s medical bills totaled approximately $12,886.32.

Additional Losses

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.

J.B. did not make a claim for lost wages as a result of this accident.

Insurance Involvement

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.

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.

The at-fault driver had car insurance through Farmers Insurance Company. Farmers Insurance Company accepted full liability in this accident.

Conclusion

J.B.’s total settlement was $19,000. He 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.

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