Our client was driving a compact car through a downtown intersection. While she was going through the intersection another driver going the opposite direction made a left turn in front of her. The other driver had a large pickup truck. The result was a significant collision in which the truck driver fared better than our client.
Immediately after the collision our client needed treatment for 3 fractures in small bones of her right foot. These required her to get multiple casts and to walk with crutches for many weeks. She also had neck pain, pain in her knees from hitting the dash board, back pain, headaches and a large bruise on her left elbow. Her injuries required a great deal of care over the next 3 years, including extensive chiropractic treatments, multiple courses of physical therapy, massage therapy, medications and a painful injection in her left elbow.
The driver of the pickup admitted he was at fault for the collision, but his insurance company, Allstate, maintained that our client was also at fault. They claimed that our client was speeding through the intersection as her traffic light was changing. They also claimed that our client did not get all the care and treatment that her doctors recommended for her injuries, and that was the reason for her ongoing problems.
Before trial, Allstate offered to settle the case for $63,000. Our client's medical bills were about $24,000, her loss of income was about $14,000 and she needed surgery on her elbow that would cost her about $15,000. The insurance company's offer was not sufficient. However, we told the truck driver and Allstate that our client would settle the case for $120,000.
By the time of trial, our client had pretty much recovered from the injuries to her neck, back and knees, and she was no longer having headaches. Her treatment had resolved those problems. However, she was still suffering from constant pain in her right foot even though the broken bones had healed. She also had chronic pain in her left elbow from nerve damage that developed as a result of the bruise on her left elbow from the collision. The ongoing pain from these two conditions caused a significant sleep disturbance. Despite our client's ongoing problems as the trial date approached, Allstate refused to pay any more than their prior offer of $63,000. So, the case proceeded to a jury trial.
The jury returned a verdict for our client in the amount of $190,000. After interest and other adjustments the total amount recoverable by our client after trial was about $200,000.
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