Back injuries are a common result of accidents such as car crashes or falls. But is it worth pursuing a claim for compensation if you haven’t sustained any broken bones or haven’t had to undergo surgery?
Let me tell you the story of my past client, Brooke.
Brooke’s Story
The Accident
Brooke was involved in a trucking accident. The truck driver was clearly at fault for the accident, so the primary issue in dispute with the truck driver’s insurance company was the value of Brooke’s injury claim. The most severe injury Brooke sustained in the accident was to her lower back.
Medical Treatment
Brooke went to the hospital after her accident and was discharged after a few hours. She then began physical therapy treatment days after going to the hospital. Eventually, she had an MRI on her lower back, which revealed a small disc bulge. Brooke attended a total of 18 physical therapy sessions and was able to recover from her injuries.
Negotiating the Settlement
Once Brooke completed her medical treatment, it was time to negotiate a fair settlement with the trucking company’s insurance company. I wanted to get every penny I possibly could for Brooke.
So, I sent a written demand letter along with all the evidence my office had gathered for Brooke’s claim, including her medical records and bills, to the trucking company’s insurance company in hopes of initiating settlement negotiations.
The Offer
After some days of waiting, we finally received an offer. The first offer from the trucking company’s insurer was $50,000. I knew Brooke’s case had more value than that, so I made a counter-demand offer. We exchanged numbers back and forth until the insurance company’s adjuster told me their top offer was $70,000.
Final Settlement
I caught on to the trucking company’s bluff and was able to get a little bit more for Brooke. We ultimately settled her case for $75,000. Additionally, Brooke received $10,000 in personal injury protection (PIP) benefits, bringing her total recovery to $85,000. Brooke was thrilled with the outcome.
Key Takeaways
Brooke did not suffer any broken bones and did not have to undergo surgery, yet we were still able to recover nearly six figures for her case. It was clearly worth the time and effort to pursue her claim.
Factors to Consider
- Severity of Injury: Even if you haven’t sustained a broken bone or required surgery, back injuries can still have significant value.
- Medical Treatment: Follow through with all recommended medical treatments, such as physical therapy or chiropractic care.
- Insurance Negotiation: Be prepared to negotiate with the insurance company to get a fair settlement.
- Consult an Injury Lawyer: Injury lawyers typically work on a contingency fee basis, meaning they don’t get paid unless you win. They also provide free consultations, so you have nothing to lose by consulting one.
The Next Step
Now that you know that your back injury case may have significant value even without surgery or broken bones, remember that the insurance company may not just roll over and pay you a fair amount for your claim. To give yourself a shot at a big payday, you’ll need to demand that the insurance company pay you a substantial sum to settle your case.
To learn the best way to demand a big settlement in your injury case, watch this video where I explain my tip on how to make such a demand effectively.
Lastly, if you’ve been injured in Kentucky, remember: don’t wait, call Tate.
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