Escondido Man with Prior Injuries, Rear-Ended and Reinjures His Neck and Back
$25,000 (Policy Limits)
The Jurewitz Law Group represented a 53-year old man who was traveling northbound on Centre City Parkway in the City of Escondido when the traffic in front of him stopped. Our client slowed his vehicle to a stop for the traffic in front of him. However, the vehicle traveling directly behind our client did not stop for the traffic in front of her and smashed into the rear end of our client's vehicle.
About ten years before this accident, our client had neck surgery. Then, about three months before the accident our client had surgery to fix his lower back for an injury he suffered while at work. Our client went to physical therapy after his back surgery and just about the time he was finishing physical therapy, he got in this rear-end collision. Usually, preexisting medical conditions and injuries are very tricky to deal with in a personal injury case and a skilled and experienced personal injury lawyer is needed to document the client's medical and physical condition both prior to and following the accident. Insurance companies love using preexisting medical conditions and injuries to minimize the injured client's recovery ("You were already hurt, why should we pay you?"). Many unskilled or inexperienced lawyers stay away from and do not accept these cases.
After the accident, our client had immediate pain in his lower back, neck, and shoulder. He was taken by an ambulance to Palomar Medical Center where he was examined and given a CT scan of his neck and back. In the days after his release from the hospital, his symptoms did not improve so he came to our office. We set our client up with a chiropractor near his home in Escondido. Due to ongoing accident related pain, we also sent him to see a San Diego orthopedic specialist, who took MRIs of our client's spine and recommended cervical epidural steroid injections to help treat his pain. Not only were these medical treatments intended to help our client treat his injuries, but they were designed to document his condition after the collision so that our office could compare and contrast it to his condition prior to the crash in order to show that he did suffer an injury--and a significant one at that.
While our client was getting treatment, we discovered that the other driver's policy limits were $25,000. After our client received the recommendation for injections, the Jurewitz Law Group sent a policy limits demand letter to Farmers Insurance. Farmers agreed to pay policy limits and settle our client's case.
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