Double Surgical Case Resolves For Policy Limits

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Client Gets Into An Automobile Accident

Our client, a mid forties father of two was driving his car. Suddenly and without warning the driver of another vehicle lost control of the car and struck our client in the rear. The impact was so great that our client’s vehicle was then launched forward and struck the car in front of him. That impact was so great that the car in front of our client’s car was launched in front of the car in front of him! In total it was a four car collision. Immediately after the accident, our client was dazed and confused and had no idea what had happened. After approximately five minutes, he regained consciousness and realized he was the victim of a multi car accident. Not knowing what to do, he called the Parkland Automobile Accident Attorneys Dell & Schaefer. Our firm quickly took the case.

Client Begins A Course of Physical Therapy and Undergoes Two Surgeries

About three days after the accident, our client began therapy at a local chiropractic office. After months of therapy without any relief from pain our client underwent two MRI’s—one of the shoulder and one of the upper back. The MRIs showed a herniation in the cervical spine and also a tear in the shoulder. Realizing that no amount of therapy would heal his wounds he sought the care and medical attention of a local orthopedic surgeon. The orthopedic surgeon recommended two surgeries, one to the neck and one to the shoulder. Because the client did not have any long term relief from the chiropractic care, he decided to undergo the procedures.

Dell & Schaefer Negotiate A Settlement

Our firm filed a bodily injury demand after the surgeries were complete. Our firm sought monetary damages for bodily injury, aggravation of a preexisting condition, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. The defendant, who was insured with Windhaven Insurance, only carried bodily injury coverage of $10,000. Windhaven Insurance instantly tendered out their bodily injury limits. Our firm then filed an underinsured motorist claim with our client’s insurance company—Western Heritage Insurance Company. After a lengthy negotiation our firm resolved the case for the underinsured policy injury limits. Due to the terms of the settlement our firm is bound by a non-disclosure agreement prohibiting us from disclosing the amount of the underinsured motorist settlement. However, our client was absolutely thrilled that our firm negotiated a policy limits settlement as quickly and smoothly as we did. He declared his intent to keep our contact information in his phone and also stated that he considered the lawyers in our firm to be the “lawyers in his family.”

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