A woman was offered $35,000 for a neck Injury. We took the case immediately after she called for a free case evaluation.
We took the case because she deserved a larger settlement. This was an rear-end car accident case allegedly caused by a distracted driver.
After the collision, our client was diagnosed with a neck injury and after 9 weeks of chiropractic treatment she was released from treatment. She still had symptoms and her doctor told her that this was “normal”. She would have to live with it.
Here is more on why she deserved a larger settlement.
Larger Injury Settlements in Neck Injury Cases
At Horn Law we see these cases all the time- a neck injury that never totally heals. A case where our client can expect periodic pain and discomfort even after they have been released from chiropractic treatment.
Along with a loss in range of motion, a person with a neck injury will always be more susceptible to pain and discomfort. Often the doctor will tell my patient to live more cautiously and limit their activity to minimize the risk of more pain.
My clients are also told that by their doctor that, over time, the problem will get worse. While in the beginning they may be able to use medication to control the pain, at some point they are probably going to want to opt for rehabilitative treatment.
The point in all of this is that a neck injury will cause a significant loss in quality of life. In this case, our client was in her mid-40s. While the insurance offer did take into account her medical expenses, lost income, and pain and suffering, it didn’t get close to compensating her for the longer-range consequences of the injury.
The Difference Between an Average & Excellent Injury Settlement
The difference between an average and excellent settlement comes down to the presentation of the evidence. To build a case a strong case given a traumatic injury it is necessary to present detailed evidence regarding the following:
- The sudden onset of injury.
- The nature and extent of the injury.
- The medical treatments and rehabilitation, including expenses.
- The impact on work, household, family, and personal responsibilities.
- The loss of well-being associated with the medical recovery.
- The persistent symptoms after medical treatment, including the loss in physical capacity.
- The lifestyle changes and accommodations necessary due to the injury
The psychological impact the injury has over the longer-term.
Right from the start, after we have undertaken a general evaluation of a case, we set forth a strategy to build out the evidence in the areas of above. Often, our strategy is based off of the medical evidence and the key factors surrounding the nature and extent of the injury.
After a hard-fought negotiation, this case settled for $63,500, proving once again that a first settlement offer from an insurance company is not close to the true value of the cases.
Horn Law Focus
As Lead Attorney of The Horn Law Firm, P.C. I concentrate in cases involving head, neck, back, orthopedic, neurological, and other traumatic injuries that require extended medical care and rehabilitation.
Our firm has a long 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.
We are based in Independence Missouri, and we offer same-day legal representation for persons in Missouri, Kansas, and across the Midwest.
For free case evaluation 24/7 contact me
(816) 795-7500 or
dh***@*****aw.com.
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.
