Head injury was not pre-existing
Plaintiff driver collided with the rear of a pickup truck on a main road, but the truck did not stop and left the scene of the accident. Plaintiff called the police and sought treatment 10 days after the accident.
Plaintiff incurred a closed-head injury, posterior disc herniations with annular tears, disc bulges, post-concussive syndrome, myofacial pain, headaches and cervical and lumbar radiculopathy. Despite the injuries, plaintiff opted for conservative treatment only and refused surgery.
Both parties disputed liability, as defendant claimed that because plaintiff had rear-ended the truck, plaintiff was negligent. In addition, defendant downplayed the severity of the accident and alleged that plaintiff’s injuries were pre-existing.
At arbitration, plaintiff was awarded $230,000.
Type of action: Uninsured motorist
Type of injuries: Closed-head injury, posterior disc herniations, disc bulges, post-concussive syndrome, cervical and lumbar radiculopathy
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; Dec. 30, 2013
Arbitration award: $230,000
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