Why a Lawsuit Must be Filed in Certain Injury Cases Involving Surgery

Author: Attorney Jay Kanter

Our client is a young wife and mother of (2) small children who was rear ended at a high rate of speed while driving at Palm Beach County, Florida. She was treated in the emergency room at Palms West Hospital for injuries she sustained to her neck and shoulder.

Subsequent to a long course of physical therapy and treatment, our client’s shoulder condition continued to deteriorate. An MRI of her shoulder revealed a tear of her labrum. Our client immediately consulted an orthopedic surgeon and was scheduled for arthroscopic surgery. After surgery and a short course of physical therapy, the orthopedic surgeon released our client from care and stated that she had sustained a 4% partial disability as a result of the injuries she sustained in her accident. He further stated that our client may need an occasional cortisone injection in her shoulder.

After preparing and presenting the case to State Farm insurance company, the offer of settlement was only $30,000.00. Although we could have negotiated a better pre-suit settlement, Attorneys Dell & Schaefer immediately filed a lawsuit against the owner and driver of the vehicle that caused this accident and our client’s serious injury.

After depositions and discovery were completed by Dell & Schaefer and State Farm’s attorneys, the case was scheduled for mediation. The case ultimately settled for $130,000.00 and our client was happy with the result.

In conclusion, when a person is in an accident and suffers an injury that is serious enough to require surgery, they need a law firm that will fight hard for them and take the case as far as it needs to go to get them the compensation they deserve. Sometimes that requires litigating a case and taking it to trial, if necessary.

If you have suffered a serious injury that required surgery, contact Attorneys Dell & Schaefer for a free consultation. Our firm will work hard to get you the compensation you deserve.