The plaintiff was a 65-year-old woman who recently moved to northern Virginia to take care of her mother. She was traveling in Alexandria VA when she stopped to let a pedestrian cross the street when the defendant struck our client. Her vehicle was totaled, and an ambulance took her from the scene to the hospital.
Initially, the plaintiff only complained of headache and neck pain, but over the next few weeks her back pain increased. She started physical therapy, and when that failed to provide long-term relief, our client started injection therapy. She underwent an MRI, and eventually had an anterior lumbar fusion across the L4-L5-SI levels.
The surgery was a success and her pain reduced, though she did experience excruciating recurrence of pain during Christmas 2018 when she ran out of pain medication.
Despite clear liability and our client’s injuries, the defendant’s insurance company did not make an offer. Before calling BenGlassLaw, our client said, “I’ll just write a letter to the insurance company and accept whatever they think is fair.” She wisely decided to consult with an attorney.
There were issues with her claim that kept the insurance company from making an offer. One, our client had complained of back pain before the accident. She had pre-existing spinal stenosis and a history of chronic back pain. Two, though our client was following up with her primary care doctor and undergoing physical therapy, the doctor didn’t document any complaints of back pain until several months after the accident.Negotiating with the insurance company was no small feat, but we successfully settled the case for $225,000. We were also able to work with the client’s ERISA-qualified employer-sponsored health insurance plan and negotiated a 50% reduction in the health insurance lien.