Low Impact Collision with No “Crush” Damage
Single Level Cervical Fusion – $500,000 Settlement: Our client was stopped for a red light. Another driver chose to become distracted and assumed forward traffic had begun to move. The distracted driver proceeded forward and rear-ended our client at approximately 5-10 mph. There was no crush damage to the her vehicle. The next day our client began to experience severe pain in her neck and back. Finding no relief from conservative chiropractic care, our client was referred to an orthopedic doctor who discovered she had seriously damaged a disc in her cervical spine. Upon receiving a recommendation for surgery our client obtained a second opinion and eventually underwent a cervical fusion as C4-5.
The other driver’s insurance company denied the claim, stating it was impossible for anyone to be hurt in such a low impact collision. Rather than do the right thing, the insurance company bought and paid for the opinions of an out-of-state bio-mechanical expert and an orthopedic physician. Despite overwhelming evidence from her treating physicians and the fact that our client had no history of neck pain prior to the accident, both of these defense “experts” stated the accident could not have caused the injuries. These “experts” essentially called our client a lair, a cheat, and a fraud.
The case law in Louisiana has long held that significant injuries can and do result from the collision of minimal force. In recognition of this premise, the law of Louisiana is clear that where personal injuries are established by medical evidence, minimal impact of the collision is of no material importance.
Our attorneys held strong and developed evidence of our client’s history of honesty, commitment to her job, her daughter, helping others, and positions of trust. This evidence negated the argument that she was a liar, cheat, or a fraud. and the insurance company was eventually forced to pay.