• Our client was a restrained front seat passenger of a Ford F350 pick-up truck moving through an intersection when another vehicle ran a stop sign causing a massive collision. Both vehicles were traveling an estimated 40 mph.
• He was on the job at the time of the accident, working for the Public Works Department for the small city where he lives.
• The impact was on the passenger side where our client was sitting.
• The other driver admitted at the scene that he was distracted while talking to his passengers.
• Both vehicles were totaled.
• It was obvious at the scene that our client was suffering from potentially serious injuries. He was transported by ambulance to the emergency room at Whidbey General Hospital.
• At the ER, our client reported pain in his chest, abdomen, neck and back. Several CT scans were ordered which revealed bilateral L5 spondylolysis. He was diagnosed with contusions of the ribs and the abdominal wall.
• A tool box from the back of the truck came flying to the front and struck our client on the side of his head and gashed his left ear. He was discharged with pain medication.
• His neck, back and rib pain continued so he returned to the ER two days later. Additional CT scans were ordered which revealed degenerative disk and facet disease in the cervical and lumbar spine. He was again discharged without answers for the continuing pain symptoms in his side.
• As the pain continued to get worse he returned to the ER for a third time five days later, reporting shortness of breath and back pain. He was again discharged with a diagnosis of rib contusion and back spasms.
• He reported to the ER a fourth time a week later, determined to find answers for his continuing and increasing pain. CT scans of the abdomen and pelvis areas were ordered. It was finally determined that he had a displaced fracture of the right 12th rib with callus formation, meaning the rib was rubbing and irritating the surrounding tissue causing a callus to form. This was apparently the source of the side pain.
• He began treating with his primary care physician about three weeks after the accident. It was noted that he likely hit his head in the accident and had cervical and lumbar strain and severe tenderness along the right rib area. It was also noted that nearly every breath caused pain to his side. Sneezing caused unbearable pain. He was ordered to stay off work.
• He was referred for physical therapy which began about a month after the accident. This entailed electrical stimulation, ultrasound, therapeutic exercise and manual therapy.
• It was noted in the records that the gash on his ear had become infected requiring antibiotics.
• Our client has endured a difficult and painful course of medical treatment that continued about three months.
• The radiological studies show bilateral L5 spondylolysis as well as cervical and lumbar degenerative disk and facet disease. These conditions were exacerbated by this accident making his recovery even more painful and difficult.
• He works at a physicaly demanding job with the Public Works and street repair Department of the small city where he lives.
• His employer requires its employees to use sick leave and vacation time for time off from an injury. The L & I (workers’ compensation) benefit is paid to the employer. That benefit has to be reimbursed to L & I if there is a liability settlement.
• He reports that the accident ruined the Holiday Season for him and his family. Due to his pain and disability he could not participate in the usual Holiday activities. He could only sit and try not to move too much or sneeze.
• His favorite hobby is playing the drums with a band. He was completely unable to participate in this activity during his recovery. He continues to have pain and great difficulty attempting to engage in this activity.
A compact but well-documented, indexed and tabbed settlement package was sent to the insurance company. After several weeks of exhaustive negotiations, the case was settled for a high five figure amount within six months after the accident.
- To find out how MartinLaw, PLLC and attorney Chuck Martin will handle your car or truck accident case please visit the car accident page.