The case involved a read-end motor vehicle accident. Our client was 30 years old at the time of the car crash. He was riding in the back seat of a pick-up when another motorist crashed into the back of the truck. The collision caused our client's head to break the rear window of the pickup. He was transported from the scene by ambulance to the ER with headaches and pain in his back.
After the motor vehicle collision, our client had ongoing headaches. About ten months after the accident he also developed severe neck pain. An MRI revealed that he had a herniated disk in his neck at the C5-6 level. There was disagreement over whether the accident caused the herniated disk in our client's neck.
3 ½ years after the crash our client had surgery at the VA Medical Center in Denver to repair the disk herniation and to stabilize his neck. He missed 8 weeks of work because of the surgery and necessary recuperation time.
We tried to settle the case for our client, but the other driver's insurance company initially resisted settlement. So, we filed a law suit for our client. More than 1 year after the case was filed a $50,000 offer of settlement was made to our client. About a year later, and 2 weeks before the trial date, a $125,000 offer was made. At 4 p.m. on the Friday before the trial date, the insurance company for the negligent driver raised their offer to $200,000. That offer was not acceptable to our client. However, our client agreed to settle the case if the insurance company would pay $240,000 for his injuries. The insurance policy limits were $250,000. The insurance company would not agree to pay $240,000 to settle the case, forcing the case to trial.
After a trial in October 2008 a jury returned a verdict which, with interest, was just over $397,000. Our client's total recovery, after litigation costs are assessed by the court, was approximately $420,000.
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