Minor Impact In Rear-End Accident Causes Major Injury

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Our client was driving one day with her young son as a passenger. She was involved in a car accident, rear-ended by another driver at low speed. Although it seemed like a fairly minor impact, our client experienced immediate back pain and a feeling of “tightness” in her spine after the accident. The next day, she saw a neurosurgeon who had treated her years ago for a disc protrusion and spinal abnormalities. The doctor diagnosed her with new cervical and lumbar strains, and our client began treatment for her symptoms.

Back Pain and Symptoms Persist After Minor Accident

Although the client was receiving medical treatment, her low-back pain persisted, and she developed additional left-sided neck pain. She was prescribed medication, and she also followed her doctors’ recommendations for massage therapy, steroid injections, physical therapy, and other treatments.

The client had ongoing difficulty managing her pain and symptoms after the accident, and her condition interfered with her work. Months passed, and she was still experiencing pain and stiffness from her injuries. She underwent a number of invasive and painful procedures in hopes of relief.

Beating the Clock to Do the Very Best for Our Injured Client

At this point, the client had struggled with her symptoms for nearly a year, and she was having difficulty resolving her claim with the insurance company. She reached out to Attorney Michael Koch for help. Her case was difficult because she did not contact Mike until the day before the time limits to file a claim expired. However, Mike believed in her case. He immediately focused on preparing her filing to meet the deadline, and the entire staff at Neblett, Beard & Arsenault worked together to coordinate everything the client needed. Despite the initial rush, her case was filed on time.

In the trial against the insurance company, the judge found that the other driver was 100 percent at fault for the accident. However, because our client did not claim damage to her car, the defense argued that the impact was so minor that it would not cause her injuries.

Mike presented the facts of the client’s case and argued on her behalf. Although she had prior back issues, her doctor testified that she had not had symptoms for nearly three years prior to the accident. The accident had involved a relatively minor impact, but the evidence showed that her previously existing disc disease and back issues had been significantly worsened by the accident.

The judge ruled in favor of the client, awarding her $5,000 over the insurance policy limits of $30,000 for her pain and suffering. The client was also awarded $14,402 for her medical costs, for a total of $49,402. The client was happy with the result, and Mike was happy he could help her meet her goals in a difficult time and get the financial relief she needed.

The time limits for filing a personal injury claim run out quickly. If you have been hurt in a wreck, or if you are having trouble getting the compensation you need from the insurance company, don’t hesitate to reach out to Neblett, Beard & Arsenault today. Our experienced personal injury attorneys would be happy to talk with you and explain more about your rights in a free case review. Contact us online or call us directly at 318.541.8188.

$49,402

Michael S. Koch
Attorney Michael Koch represents personal injury victims throughout Louisiana and the surrounding area.