NECK & BACK INJURIES FROM REAR-END COLLISION SETTLE FOR $19,700.
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C.S. is a 32-year-old female, was rear-ended while trying to avoid hitting another vehicle. As a result, she suffered from persistent neck and back pain. Her soft-tissue injuries required consideration of long-term medical expenses totaling $27,000.00. She eventually treated for only two months and decided to forego making a claim for future medical expenses. After securing the services of Thompson Law Firm, the case was settled for $19,700.00.
The accident occurred on May 18, 2015 around 4:00 p.m. in Mesa, Arizona, while C.S. was on her way home from work. C.S. was driving a 2014 GMC Sierra with herself and her five passengers Eastbound on SR-202 in Mesa, Arizona. C.S. had to unexpectedly brake due to a vehicle suddenly swerving from the lane to her right into her lane directly in front of her. Immediately after breaking, C.S. was rear-ended by the vehicle behind her.
The Arizona Highway Patrol responded to the accident, conducted an investigation and cited the party who rear-ended C.S. The office asked if C.S. needed medical attention and an ambulance and EMTs were called to the scene. Her passengers were uninjured. This was reported to the auto accident lawyer. The officer determined a citation was appropriate after interviewing C.S., the driver who rear-ended her, and witnesses who saw the accident occur.
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.”
C.S. had been dealing with back issues prior to the accident and was admitted to Banner Desert Medical Center via ambulance. At Banner Desert, C.S. was evaluated for neck sprain or strain and back pain (acute or chronic). The discharge instructions from Banner Desert suggested rest, ice and heat, over-the-counter medication and, if the pain got worse, physical therapy.
Seven days after the collision, despite rest and over-the-counter pain medication, C.S.’s pain worsened. No longer able to withstand the pain, she presented to Banner Goldfield Medical Center where she was diagnosed with body aches and back sprain/strain. She was provided pain medications.
C.S then presented to Mountain Vista Medical Center where she continued her diagnosing process. She was diagnosed with headache, tension and acute myofascial strain. She was prescribed pain medications.
Upon the recommendation of her doctor, C.S began treatment at Southwest Spine & Rehab where she was diagnosed with lumbar intervertebral disc displacement without myelopathy, thoracic and lumbar neuritis, cervical, thoracic and lumbar sprain/strain, Headaches, scoliosis, spasm of muscle and non-allopathic lesions in cervical, thoracic and lumbar regions. She elected to continue with chiropractic therapy.
C.S. had an MRI done of her lumbar spine, which indicated a disc bulge at L4-5 and a disc herniation at L5-S1.
After treating for 30 days with the chiropractor and feeling that while her pain had improved she still had significant pain in the left side of her body, C.S. began treating with AZ Pain Treatment Center. She attended 2 visits with her pain management doctor and they recommended her for epidural treatments.
C.S’s medical bills were around $27,000.00. Nearly $11,000 of the medical expenses were future medical bills for anticipating pain management treatment. After settlement, counsel was able to reduce medical bills so that C.S. received a total payout of around $7,200.00.
C.S. claimed no lost wages as a result of this accident. She was able to continue with work. Her treating physician did believe she should take time off work due to her condition, however, she was unable to.
C.S. had health insurance at the time of the accident and used it when treating.
C.S. had car insurance at the time of the accident through American Family. She did not use her own insurance policy for her bodily injuries. However, she did use her car insurance for the repair of her vehicle. This ultimately caused her auto insurance requested the at fault driver’s insurance reimburse them for the payment. As a result of using her car insurance her premiums did not increase.
American Family was the insurance carrier for the at-fault driver. American Family accepted full liability for the driver’s negligence approximately 10 days after it occurred. This happened after receiving the police report and concluding an investigation with their insured.
Conclusion and Settlement
In conclusion, $19,700.00, reached on December 7, 2015, just under seven months from the date of the accident. C.S. was happy with the results of this case and the help of her auto accident lawyer. As the victim of this Arizona auto accident, C.S. ultimately received $5,999.00 for her bodily injuries. In this settlement, the balance paid her medical bills and attorney’s fees and costs.
C.S. was in treatment for less than 2 months. Despite the significant injuries she suffered, namely a herniated and bulging disc, her choice was to forgo the $11,000 in pain treatment, greatly harming the financial value of her case. However, her family obligations put her in a position of not being able to consistently seek the treatment that she medically needed.
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