The Champion Firm and Co-Counsel Secures Additional $400,000 in UM Coverage for Car Accident Victim
Our client was driving her SUV in Vidalia, Georgia when a driver in an older-model Ford F-150 pickup truck rear-ended her. Not believing herself to have suffered long-term injuries from the accident, our client did not seek medical attention right away. However, about a week after the accident occurred, she reported neck pain to her chiropractor, who she had been seeing for an unrelated hip problem. She reported that her neck had been hurting since being rear-ended and that she would seek treatment from an orthopedic doctor.
About two weeks after the wreck, our client went to her primary care doctor, who referred her to another doctor. That doctor then referred our client to an orthopedic doctor for evaluation of her continued neck pain. An MRI revealed herniated discs at several levels in her neck, most prominently at C6-7. The treating orthopedic doctor recommended neck surgery.
Approximately six months after the accident, our client underwent a three-level anterior cervical discectomy with interbody fusion and cervical instrumentation. She had post-operative physical therapy and office visits and made a good recovery from her surgery. The total cost of her medical treatments and surgeries ended up amounting to $127,000.
The Champion Firm co-counseled the case with another law firm that associated us on the case. Our co-counsel was able to obtain the at-fault driver’s insurance policy limits of $75,000, but our client’s uninsured motorist insurer only offered $5,000. We were associated on the case for the litigation and took the deposition of our client’s treating surgeon, who testified that the rear-end collision caused our client’s neck injury and the need for surgery.
The biggest challenges in securing additional compensation for our client in this case were that there was no significant property damage to our client’s vehicle and that she had delayed getting medical treatment immediately after the accident. We were able to overcome these challenges by showing that there was more damage to our client’s vehicle underneath the bumper, which might not initially be noticeable to an observer. We also showed that the Defendant’s vehicle was disabled at the scene due to the intensity of the impact destroying his radiator, thus highlighting the force with which our client’s vehicle was hit.
As for the gap in treatment, we were able to use the medical records from the chiropractor to show that our client reported her neck pain in a timely manner, even though she had been seeing the chiropractor for an unrelated health problem. We also used the chiropractor’s records before the wreck to show that, in the numerous medical visits she had in the year prior to the accident, she had never previously reported neck pain.
Ultimately, we were able to secure an additional $400,000 in UM on top of the $75,000 she received from the liability insurance claim obtained by our co-counsel.
Learn more in this video about UM coverage and your legal options if you’re hit by an uninsured driver:
About The Champion Firm
The Champion Firm was started in 2014 by Attorney Darl H. Champion Jr. It is a top-rated, full-service Metro Atlanta personal injury firm specializing in motor vehicle accidents, premises liability, wrongful death, and medical malpractice cases. The Champion Firm team has successfully litigated and settled over $100 million for clients all across Georgia. If you or someone you know was injured in Georgia as a result of someone else’s negligence, contact The Champion Firm, Personal Injury Attorneys, P.C. for a free consultation today.