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Auto Crash Victory

Last week we settled a case for Darrel for $100,000 and are now pursuing his underinsured motorist claim. Darrel was traveling west on Gravois on his way home from work. As he was entering the intersection, another car turned left in front of him and another vehicle (and failed to yield the right of way to them).

Both cars violently crashed into the bad driver’s car and sent it off the roadway. The impact shoved Darrel forward into the steering wheel. The police did a great accident reconstruction in this case. They identified witnesses, positions of vehicles, and a detailed diagram drawing. This helped prove liability in the case.

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Darrel is a veteran and a former client of mine that I previously represented in another car crash. He had a previous cervical fusion from C4 through C7 in his neck. In the Gravois road incident, he reinjured himself and was diagnosed in the ER with a fractured sternum. That’s significant – but there’s no treatment for a fractured sternum. You just have to sit and deal with the pain while healing.

The x-rays themselves did not reveal the fracture line but saw buckling of the sternum which indicated a fracture to the physicians. He also had a whiplash neck injury. He did physical therapy. A challenge, in this case, was connecting the left hip pain and right knee pain to the incident which started about a year later “without apparent injury” according to the doctors note.

Of course, the insurance company wanted to pay right away, right? NOT. The offer was less than $10k. So, we filed a lawsuit and litigated the case and produced him for deposition. We made a policy limit demand and refused to move off our $100,000 demand. As the case was gearing up for trial and we were going to take doctors depositions by videotape for trial, the Defendant realized the wisdom of our position and offered the policy limits.

Now we are making an underinsured motorist claim for his continued problems. We will keep you updated and let you know how that goes.

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