Commercial Truck – Spine Injury – $300,000

Published: 04/07/2023

Our client was rear-ended by a construction company’s pick-up truck. Property damage photos showed minimal damage to her vehicle.

She suffered neck and back injuries, namely large disc protrusions in multiple levels of her cervical and lumbar spine. After much conservative care, one epidural injection, one medial branch block injection and two nerve root block injections to her lumbar spine, her pain continued and she was recommended a lumbar fusion surgery in 2021. She also received one PRP injection in her right elbow. Her past economic damages for past medical expenses totaled $70,647.10.

The at-fault party’s insurance company was had a $1m commercial policy limit. Their’ initial offer in this case was $49,574.

After filing the lawsuit and litigating the case for a little over a year, completing written discovery and depositions, the parties agreed to a private mediation. At the mediation, we noted that we intend to call the defendant driver as a hostile witness in our case-in-chief at trial for the purposes of impeachment. Defense’s top offer at mediation was $150,000.00. At the end of the mediation, the mediator made a written proposal to settle the case for $300,000.00. Within a week after, both parties agreed to accept the mediator’s proposal and settle the case for $300,000.00.

Needless to say, our client was thrilled with the settlement.

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*A study by the Insurance Research Council found that people who hire an experienced lawyer after an accident file claims at least 3.5 times larger than those without one. No guarantees made, every case is different.

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