Passenger in Oceanside Three-Car Pile Up with a Delay in Seeking Medical Treatment
$50,000 (Policy Limits)
The Jurewitz Law Group helped a man in his mid-40s who was traveling as a passenger in his own vehicle. He was on Vista Way in Oceanside and was stopped at a red light behind another vehicle, when his vehicle was rear-ended by a woman traveling directly behind him. The force of the impact was so great that the airbags deployed in our client's vehicle and caused him to rear end the vehicle in front of him, causing a three-car pileup.
Our client felt dazed and disoriented after the auto accident and had an onset of neck and back pain, as well as left leg numbness. Due to lack of health insurance and hopes that he would heal with time, our client tried to treat his injuries with home remedies. After three months of persistent pain, he finally sought chiropractic care. The chiropractor ordered an MRI of our client's lumbar spine which revealed disc bulges at the L3-L4 and L4-L5 levels. Our client received chiropractic care for four months and was released from active care due to an improvement in his symptoms.
However, the improvements did not sustain without treatment and five months later our client's lower back pain and radiating pain to his legs had returned. Our client went to a medical doctor who then determined that our client would benefit from trigger point injections and physical therapy, as well as a TENS unit. Our client also visited an orthopedic surgeon to rule out surgery as an option. Following his injections and physical therapy, our client was again released from active care with an improvement in his symptoms.
The Jurewitz Law Group submitted a policy limits demand to Nationwide on behalf of our client. Nationwide came back with an offer, which was less than the policy limits. Nationwide claimed that our client was not entitled to the full value of his medical bills because of the three month delay between the accident and when he first sought medical care, as well as the five month gap in treatment between when he finished treatment with the chiropractor and when our client went back for physical therapy and injections. In light of Nationwide's decision not to tender policy limits, we filed a lawsuit and served the complaint upon the at-fault driver. Almost immediately thereafter, Nationwide offered policy limits of $50,000 to settle our client's case.
Awarded: $50,000 (policy limits)
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