Wellington auto accident victim obtains $250,000 after hiring Dell & Schaefer
A 36 year-old Wellington physician’s assistant and mother of three learned quickly that it is always important to hire an attorney immediately after being injured in an auto accident. She was driving to work one morning on Southern Boulevard in Wellington, after dropping her kids off at school, when her vehicle was struck on the passenger side by a large conversion van. The driver of the conversion van ran a red light at the intersection of 441 and Southern boulevard, striking our client’s vehicle at approximately 45 miles per hour. The damage to both vehicles was highly significant as both vehicles were rendered disabled and were later totaled. Our client was rushed to Wellington Regional Medical Center with complaints of neck, back and right knee pain. X-rays of the right knee were taken and came back negative for any fractures or tears. No MRIs of the neck or back were taken however, and our client was discharged without a diagnosis of her neck and back complaints.
Wellington Auto Accident Victim Attempted To Represent Herself Against Insurance Company
Shortly after being discharged from the hospital, our client contacted both her own insurance company and the insurance company for the Defendant to report the accident. The insurance company for the Defendant asked her to give them a recorded statement regarding the details of the accident as well as her medical treatment. Our client saw no problem in providing a statement and willingly spoke with an adjuster for the Defendant’s insurance company. They asked her many questions about the accident and her medical treatment which she answered truthfully. They also asked her about any prior injuries and accidents. Our client told the insurance company about an auto accident from 7 years prior where she had also gone to the hospital. She told them she wasn’t injured in that accident however, and she only went to the hospital because she was pregnant at the time.
Wellington Auto Accident Victim Signs Medical Authorization Forms
Approximately two weeks after the accident, and still without representation, our client agrees to sign medical authorization forms allowing the defendant’s insurance company access to any and all of her prior medical records. In the meantime, she began treatment with an orthopedic surgeon who she also worked for. MRIs of her neck and lower back were taken. The neck MRI revealed a large central disk protrusion. She was then referred to a board-certified neurosurgeon. The neurosurgeon reviewed the MRI and determined that our client would require fusion of the bones in her neck in order to avoid potential future issues with her spine. She was later scheduled for the surgery which was deemed a success. At this point, she still had not hired an attorney and expected full compensation from the Defendant’s insurance company.
Defendant’s Insurance Company Denies Claim And Initially Offers No Money
After learning about our client’s neck surgery, the insurance company for the Defendant notified our client that there would be no coverage provided to her because of her “pre-existing” injuries. It seems the insurance company, armed with medical authorizations signed by our client, was able to get the hospital records from our client’s earlier auto accident where she complained of neck pain. Though no MRIs were taken and she sought no further treatment for neck pain at the time, the insurance company for the Defendant argued that her neck injury pre-existed the new auto accident. Outraged, our client called the Wellington auto accident attorneys at the Law Office of Dell and Schaefer.
Attorneys Dell And Schaefer Take Over The Claim
Our Wellington car accident attorneys immediately picked up where our client had left off. Though our attorneys never would have allowed a client to sign a blank medical authorization form, we were not phased by the tactics of the Defendant’s insurance company. We immediately compared her earlier hospital records with her latest medical records and one thing was clear; her prior complaints of neck pain resolved shortly after her hospital visit. She sought no further medical attention regarding a neck complaint and complained to nobody regarding neck pain. Though she had previously been to the hospital, it was clear that she only went because she was concerned about her pregnancy.
Dell and Schaefer Obtains $250,000 following Initial Denial by Car Insurance Company
It became clear that our client’s current medical condition was not pre-existing as she would never have been able to go seven years with such a serious and painful injury without one visit to the hospital or a doctor. After her latest auto accident however, she reported not being able to bear the pain and required surgical intervention immediately, showing the seriousness of her recent injury. Our attorneys were able to show a lack of proof regarding a pre-existing injury and thus, were able to change the position of the Defendant’s insurance company.
After several months of negotiation, our attorneys were able to settle this case for $250,000.00 without the need to take the case to court. Our client realized that her case may have been rendered completely worthless by proceeding without an attorney. We were able to ensure that her rights were protected and that she was compensated for her medical damages and pain and suffering as well as future medical damages and pain and suffering.
Contact us for a free consultation to discuss your injury claim. We never charge any fee or costs unless we make a recovery for you.