Our client was driving her brand-new Chevrolet Volt on I-405 in heavy traffic at approximately 20 mph when she was rear-ended by an uninsured driver traveling at an estimated 40 to 50 mph. The force of the collision pushed her vehicle into the car in front of her. She was transported by ambulance to the emergency room, where she reported neck pain along with pain across her shoulders and upper back. She was treated and released the same day.
Her vehicle sustained significant damage, with repair costs exceeding $10,000. The following day, she began experiencing additional symptoms, including lower back pain, tingling and numbness in her arms, headaches, and weakness in her legs that caused her to trip while using stairs. She sought further medical treatment and was referred for orthopedic evaluation.
Diagnostic imaging revealed complex findings. MRIs of her cervical and lumbar spine showed pre-existing conditions, including prior cervical fusions at C4-5 and C5-6 and a prior lumbar discectomy at L4-5. However, new imaging also revealed additional disc degeneration, stenosis, and herniations, including findings in the thoracic spine. These conditions were consistent with her reported symptoms and indicated that the accident had aggravated her underlying spinal issues.
Before the collision, our client was active and pain-free, regularly participating in activities such as yoga, Pilates, weight training, and aerobics. She also worked as a property manager, a role that required significant physical activity. Following the accident, she was no longer able to perform these activities and had to reduce her work responsibilities due to ongoing pain.
Initially, she pursued conservative treatment, including physical therapy and medication, but was forced to discontinue care due to financial constraints. Her treating physicians ultimately recommended surgical intervention for both her cervical and lumbar spine due to the severity of her condition.
Because of her extensive medical history, including three prior spinal surgeries, the insurance company attempted to deny responsibility, arguing that her current condition was unrelated to the accident. Before retaining MartinLaw, she was offered only $15,000 to settle her claim.
After taking over the case, attorney Chuck Martin obtained a favorable medical opinion from an orthopedic specialist clearly linking her condition to the accident. Within two months, he secured the full uninsured motorist policy limits of $100,000. In addition, he recovered $6,000 for the diminished value of her vehicle and successfully negotiated a waiver of $10,000 in PIP subrogation, bringing the total recovery to $116,000.
This case highlights the importance of experienced legal representation, especially when pre-existing conditions are involved. Insurance companies often attempt to minimize claims in these situations, but with proper medical support and legal strategy, full and fair compensation can be achieved.
If you have been injured in a motor vehicle accident, it is critical to consult with an attorney as soon as possible. Studies show that individuals represented by counsel recover significantly higher settlements than those who handle claims on their own. To learn how MartinLaw and attorney Chuck Martin can help maximize your recovery, call 206-360-8141 for a free evaluation of your case.