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Case Study

Rear-End Collision – $500,000 Settlement

Summary

Our client was recently rear-ended while yielding to traffic. The liability insurer quickly tendered $50k, but the client’s damages far exceeded this. The client’s insurance refused to tender their limits so our firm filed suit and ultimately pursued Instacart, securing a $500,000 payment for our client.

Incident

Our client slowed at an intersection when she was turning right so she could yield to traffic. The other driver came up behind her and rear-ended her. The other driver was cited for following too closely. She suffered from neck pain immediately following the collision.

Our client went to an Urgent Care for assessment of her neck, shoulder, back, arm, foot and leg pain, and upon not improving as the doctors advised she would, she sought additional assessment from a chiropractic and orthopedic. MRIs taken during the course of her treatment showed multiple injuries to her cervical spine, so injections were recommended. These injections did not provide lasting relief for our client, so she underwent surgery for her cervical spine, and received physical therapy after in order to recover from the surgery. During treatment, the client experienced varied pain that would not subside, interfering with her daily life. Her doctor eventually advised her to quit her job and change careers, as she would never again be able to sustain the strain of her job. This was a blow due to her ten years of experience in her career. A year after her surgery, she continued to experience loss of strength, pain, and trouble sleeping, and was advised these would be permanent aspects of her life going forward.

Injuries & Treatments

  • Cervical Spine Injuries: Multiple neck and spine injuries accompanied by pain in limbs
  • Invasive Medical Procedures: Client underwent injections and later spinal surgery followed by physical therapy
  • Career Hardship: Injuries and residual pain caused client to quit a career she had put 10 years into
  • Functional Impairments: Ongoing struggles with pain, strength, and sleep that impact daily activities

Our Solution

The liability insurer quickly tendered $50k. However, the client’s insurance refused to tender their limits of $250k in response to our demand, so our firm filed suit, and in a deposition found that the liable party did not disclose she was working for Instacart during the collision. Our attorneys pursued Instacart and secured a $500,000 payment for our client.

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