Introduction
Neck and back injuries are very common in car accident injury cases. While having surgery on your neck or back can lead to a big settlement, don’t let insurance companies fool you into thinking your neck or back injury claim is worthless if you haven’t had surgery. Let me tell you the story of my past clients, Carrie and Mike. If you have been injured in Kentucky you should consider hiring a personal injury lawyer in Louisville.
Carrie and Mike’s Story
Carrie and Mike were a young couple in their 20s when they were involved in a motor vehicle accident. They were stopped at a stop sign, waiting to make a left turn when a car slammed into the rear of their vehicle. The other driver’s insurance company accepted liability for the accident, so we only needed to prove the extent of Carrie and Mike’s damages to settle their case.
Carrie’s Injuries and Treatment
Carrie experienced neck and back pain. She was transported by ambulance to the hospital, where diagnostic testing was performed, and she was prescribed a muscle relaxer and then discharged. Shortly after, she began physical therapy and pain management treatment. An MRI on her back revealed a small disc herniation at L4-5. Carrie missed a total of 15 days of work due to her accident.
Mike’s Injuries and Treatment
Mike experienced back pain, neck pain, and bruising. Like Carrie, he was transported by ambulance to the hospital and discharged after diagnostic testing. He also began physical therapy and pain management treatment shortly after his wreck. An MRI of his lower back revealed a disc herniation at L5-S1. Mike was treated for a little longer than Carrie and finished his treatment three months following the accident. Mike was forced to miss a month and a half from work as a result of the accident.
The Role of MRI Evidence
Both Carrie and Mike’s herniated discs were about two millimeters. Despite the small size of the herniations, it was crucial that both of them got the MRIs on their lower back. The MRI evidence revealing they had sustained herniated discs allowed us to maximize their settlements.
Demand and Settlement
Once they completed medical treatment, I sent a written demand package to the other driver’s insurance company, demanding they pay out their driver’s insurance policy limits. My demand worked. The other driver’s insurance company agreed to pay out the insurance policy limits. The other driver had a $50,000 per person, $100,000 per accident insurance policy. Since my clients were the only claimants, they each received $50,000 under the policy. But we weren’t done yet.
Underinsured Motorist Coverage
Carrie had underinsured motorist insurance coverage on the vehicle she owned, which allowed them to file a claim for additional damages. I sent a demand package to the underinsured motorist insurer as well. After some negotiations back and forth, I was finally able to settle those claims too. At the end of the day, Carrie took home over $70,000, and Mike took home over $75,000 after the underinsured motorist claims settled.
No Surgery Required
Neither Carrie nor Mike ever had to have surgery. Despite that, they were still able to get a fair and reasonable settlement. Insurance companies often defend injury claims by telling victims their case has little value because they didn’t need surgery. Don’t listen to the insurance company if this happens to you. While surgery can significantly increase the value of a case, not having surgery doesn’t mean your case is worthless.
Key Takeaways
My office routinely settles injury cases for thousands of dollars for victims with neck and back injuries who never have to have surgery. Neck and back injuries can be very painful, especially for those with herniated or bulging discs. You should be compensated fairly for your neck or back injury claim. Don’t let the insurance company talk you into settling for less.
Final Advice
Just because you have sustained a neck or back injury and have a valid liability claim against another party, it doesn’t mean the insurance company will make you a fair and reasonable offer. To get a fair and reasonable offer, you will often have to fight and be patient to win your case. In this video about to pop up here, I’ll tell you how using patience can help you obtain a fair and reasonable settlement offer in your injury case. Lastly, if you’ve been injured in a car accident, slip or trip and fall incident, or dog attack incident in Kentucky, remember: don’t wait, call Tate.
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