Accident & Injuries
Our client suffered a sudden onset of head, neck and back injuries, when her vehicle was broadsided in a collision on a city street in Lee’s Summit, Missouri. The impact was severe causing her airbags to be deployed and her vehicle was totaled.
In the emergency room, she was stabilized and diagnosed with a concussion, neck, lower back, and hip injuries. Over the course of the next 6 months rehabilitation was initiated to address both her orthopedic injuries and the concussion symptoms that had developed.
As her treatments progressed, our client was improved with her orthopedic injuries, but her concussion symptoms continued to persist. She was eventually diagnosed with “post-concussion syndrome”. During this time our client suffered a substantial loss in quality of life. The doctors agreed that the concussion resulted in trauma to her brain and was responsible for bringing on a range of cognitive, emotional, and psychological issues.
With respect to her recovery from “post-concussion syndrome”, our client went through more advanced therapies to address the trauma to her brain. After 18 months of targeted care, she was released from rehabilitation.
Multiple Claims & Settlements
On behalf of our client, we were able to maximize her total recovery on the basis on 3 separate claims.
First, because our client was driving in the course of her employment at the time of the collision, she was entitled to worker compensation benefits. In addition to covering the medical expense for her treatments and reimbursement for her lost income, the worker compensation insurance company agreed to pay a permanent partial disability settlement.
Second, a claim was made against the driver at fault. After receiving our written settlement demand, the insurance company for the driver at fault agreed to pay the policy limits under the available coverage.
Finally, a claim was made under her employer’s under-insured motorist coverage. The recovery made on this claim represented a large portion of the total settlement package and enabled our client to be fully compensated for her loss in quality of life.
The total combined settlement for the 3 claims was in excess of $1,113,000.00.
The Difference Makers
Like many of our cases, this case turned on multiple pieces of evidence. Importantly, in this case we presented medical expert opinions that established the nature, extent, and longer-range consequences of the concussion. Together with the medical opinions, we further developed evidence showing the economic losses our client suffered due to her physical restrictions and cognitive difficulties. Additionally, we presented multiple pieces of evidence to show our client’s past, present, and continuing loss in quality of life caused by her injuries and prolonged recovery.
While the evidence of damages justified the total compensation package to our client, the final settlement amount depended upon advanced negotiations with the adjusters, attorneys, and other representatives of the three insurance companies involved in this case.
About Attorney Doug Horn
Doug is founder and Lead Attorney of The Horn Law Firm, P.C. where he concentrates in cases involving head, neck, back, orthopedic, neurological, and other traumatic injuries that require extended medical care and rehabilitation.
Since 1992, Doug has maintained a track record of success in a wide variety of personal injury cases, including cases involving motor vehicle collisions, work accidents, and injuries caused by dangerous or hazardous conditions. Based in Independence Missouri, Doug represents injured persons in Missouri, Kansas, and across the Midwest.
Outside of his law practice, Doug frequently lectures in the area of personal injury law, giving legal education presentations for national attorney audiences. Most recently, his presentations have focused on new approaches to proving both economic and non-economic damages.
