Pompano Beach Auto Accident Victim Receives $100,000 Settlement After Elbow Surgery

Texting and driving should never take place. Our client, a forty year old father of two was driving his vehicle east on Atlantic Boulevard in Pompano Beach, Florida. As he stopped at a red light at the corner of Atlantic Boulevard and U.S. Highway 1, suddenly and without warning the car directly behind him crashed into the rear the victim’s vehicle. The impact was so great that the victim’s vehicle launched forward ten feet and crashed into the car in front of him causing his air bags to deploy. The deployment of the airbag directly impacted his arm as he was shielding his face from the accident. The airbag caused serious injuries to the victim’s right elbow. Right after the accident, the defendant stepped out of the car and immediately apologized and informed the victim that he was texting his girlfriend and not paying attention to the road. The police arrived on the scene and ticketed the texting driver.

Accident Victim Turns to The Pompano Beach Auto Accident Attorneys Dell and Schaefer

Due to his injuries, our client could not drive to our Pompano Beach Office satellite office. Without hesitation, our Pompano Beach Attorney drove to the victim’s house in order to sign the necessary paperwork to begin the legal process against the texting driver. After signing the paperwork, our client informed our attorney that he was in excruciating pain in his right elbow.

Our client began a course of physical therapy with a highly trained elbow therapist who placed our client on an intense physical therapy regimen. After two months of physical therapy without any relief, our client was referred for an elbow MRI. The MRI showed a tendon rupture of the elbow. As a result of this positive finding on the MRI, our client was referred to an orthopedic surgeon. The surgeon evaluated our client and diagnosed him with acute trauma with tendon rupture. The surgeon informed our client that the ruptured tendon would probably never heal and that surgery was the only plausible option to stop the pain. After months of physical therapy without relief, our client decided to undergo the procedure.

Pompano Beach Auto Accident Attorneys Dell and Schaefer Negotiate a Settlement

Immediately after the surgery, our firm wasted no time filing a demand with Nationwide Insurance, the insurance company for the texting driver. Our firm sought to recover the policy limits of $100,000 for bodily injury, aggravation of a preexisting injury, 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 insurance company, believing the injuries were not serious, only made an initial offer of $6,000. After lengthy negotiations, Nationwide increased their offer to $63,000. Our attorney did not waiver in his demand for the policy limits. He quickly rejected the offer and informed Nationwide that he will “see them in court.” A lawsuit was drafted and filed with the Circuit Court of Broward County. Our firm also informed Nationwide that we intended to seek money damages in excess of the $100,000 policy limit.

After becoming aware that our firm was in the process of serving the lawsuit on the texting driver, Nationwide called the office and informed our firm that they would be tendering the policy limits of $100,000. Our client was absolutely thrilled that our firm fought until we got every penny possible under the terms of the policy of insurance.

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