State Farm pays policy limits of $500,000 following car accident lawsuit
Our client, a 52-year-old retired police officer from Weston, Florida, was rear ended on the exit ramp from I-95 in Palm Beach Gardens, Florida. The accident caused minimal damage to her vehicle, which made the case challenging. She was shaken up in the accident, and a week later went to the doctor complaining of neck and back pain. She had prior back complaints from a 1992 car accident, which resulted in a spinal fusion in her mid-back. She also had years of previous complaints of pain in her neck and lower back.
Rear-end accident results in 2 neck surgeries, 2 back surgeries
After the accident, the complaints of pain in her neck and low back worsened. She began a course of treatment with her orthopedic surgeon, without any relief. She then sought treatment by the surgeon at the University of Miami who had performed her prior surgery. He wanted to remove the rod he had placed in her mid-back previously, but our client was scared to undergo that surgery. She then sought the assistance of another spinal surgeon, who determined that she was in need of surgery.
Despite her fears, our client began a series of surgeries, beginning with a discectomy in her low back. A few weeks later, she underwent a spinal fusion of her neck, with the placement of a plate and screws in her neck. Her back continued to be a problem, so she therefore subsequently underwent a fusion of her spine in her low back, again with the use of hardware to secure her back. After a while, the metal in her neck began to cause discomfort, and so our client underwent a fourth surgery to remove some of the hardware in her neck.
Dell & Schaefer obtains $510,000 in insurance benefits to compensate our client for her injuries
In an effort to obtain compensation, our client hired car accident Attorneys Dell & Schaefer. After undertaking representation of our client, we were able to obtain the $10,000 bodily injury coverage of the driver that hit her. We then pursued a claim against her uninsured motorist insurer, State Farm, in an attempt to get them to pay the maximum car insurance proceeds that she had been paying for over many years. State Farm refused to pay its policy limits.
Due to State Farms failure to tender its policy limits, Dell & Schaefer’s litigation department filed a lawsuit to compel the insurer to pay. State Farm took the position that due to all of our client’s back and neck problems, and the fact that there was minimal damage to the rear of her vehicle, the accident was not he cause of the surgeries. After many depositions and a lengthy mediation, we were able to avoid a trial and get State Farm to pay its maximum policy limits of $500,000.
We were able to get this amount because we were able to stress to State Farm the effect that the injuries had on our client’s life. She was an avid horsewoman that now is unable to enjoy riding and being around horses. Contact Attorneys Dell & Schaefer for a free consultation.
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