Our client was working as a rideshare driver when he was rear-ended at a high rate of speed and pushed into the vehicle in front of him. His airbags deployed, glass shattered, and the car was crumpled like an accordion. The fire department had to cut the vehicle to extricate him, and he was found coming back to consciousness but unable to form sentences and had vomited. He was taken to the hospital suffering blunt chest and abdominal trauma, confusion, and right shoulder pain.
After his discharge, he was still experiencing an extraordinary amount of pain, including in his right ankle, knee, hip, and forearm, in his lower back up to his mid-back and neck. He also had pain in his sternum. The most acute location of pain was in his back, which would also spasm.
Our client was also experiencing headaches radiating from his neck to behind his eyes, as well as memory and balance issues. Lastly, he was suffering severe diffuse back pain that was radiating to his abdomen and felt like he was having spasms in his diaphragm causing difficulty breathing. These spasms were triggered by driving and bumps in the road, impacting his ability to work.
Overcoming Obstacles – Injury Causation Issues, Prior Attorney Withdrawal, Self-Representation and Self-Settlement
We were not our client’s first attorney, and we accepted his case with a host of obstacles, ready and willing to help salvage his case and pursue the best possible result.
To start with, a general surgeon treating our client said the car accident could not have caused his medical issues. This was upsetting since he had never had these symptoms before, and his vehicle was basically obliterated.
Then, his prior attorney withdrew representation because of the general surgeon’s opinion. Now representing himself, our client attempted to take his chiropractor’s deposition on his own, and he would not answer the questions. Unfortunately, while unrepresented, our client agreed to settle with the at-fault driver for a nominal amount far less than the policy limit.
We accepted the challenge of taking his case and we were able to secure an additional $175,000 from his own policy under his underinsured motorist coverage. We had to think outside the box and were able to get our client the compensation he deserved for his injuries and traumatic experience.