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$100,000 Hit & Run Settlement for Non-Surgical Shoulder Tear

David B. Datny

David B. Datny

Personal Injury Attorney in South Florida

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The Datny Law Firm is excited to report a big win for a very deserving Client. We obtained a $100,000 policy limits settlement for a Client who sustained a non-surgical shoulder tear following a hit and run car accident in Orlando, Florida.

The facts. Our Client, age 87, was on his way home after retiring from work that very day. This was his second career and retirement from the work force. He was excited to celebrate with his family and enjoy life without work. Unfortunately, this did not happen. Before our Client could make it home, he was hit by a reckless driver who ran a stop sign crashing directly into his vehicle, which had the right of way. Shockingly, after causing the crash with significant damage, the other driver fled the scene. He was never identified or found. Thankfully, our Client maintained uninsured motorist coverage (UM) of $100,000 with State Farm Insurance.

After the crash, our Client was injured. He had immediate pain to his neck, back and right shoulder. The Ambulance examined him, but the Client opted not to go to the hospital over fears of COVID exposure. The accident happened during the pandemic. The Client subsequently commenced a modest course of treatment that consisted of conservative care including physical therapy for the right shoulder, which was his main injury. He had an MRI which confirmed a right dominant shoulder tear. When therapy failed to help, our Client was given an injection to the right shoulder, which did little to increase his functionality. Ultimately, the Client was advised by his orthopedist no amount of therapy or injections would fix his shoulder and that the only definitive intervention for his tear was arthroscopic surgery. However, due to the Client’s age and other health conditions, he was not a candidate for surgery.

The inability to fix the tear in his shoulder, left our Client with constant pain, limited range of motion and reduced functionality. This impacted his activities of daily living including the ability to cook, clean, shower and dress himself. It also limited his ability to care for his wife who had dementia. After the accident, our Client was unable to care for his wife without assistance. He had to hire a health aide to help him take care of his wife, which was a serious drain on his financial resources.

Based on the situation, we sent State Farm a demand for tender of its uninsured motorist limits of $100,000. In response, State Farm made an offer of $10,000. The basis for the offer was the minimal nature of treatment, nominal out of pocket expenses (<$5,000) and lack of surgery. State Farm did not want to pay for a shoulder surgery that did not happen and was admittedly not going to happen in the future. This is a common position of insurance carriers who hate to assess value for future care; however, in our Client’s case it was not about putting off necessary care for a later day. He was medically unable to have surgery leaving him in constant pain for the rest of his life which the actuary life tables was estimated at 4-5 years.

Our strong position was the value of spending the last years of life with constant pain from an accident that was not his fault was worth well in excess of the policy limits especially as it simultaneously limited the Client’s ability to care for his sick wife. As such, we did not negotiate. Instead, we prepared to file a lawsuit. Prior to doing so, State Farm demanded our Client’s deposition, which they are entitled to under the terms of his insurance policy. After hearing his testimony, State Farm increased its offer from $10,000 to $55,000. Again, we stayed firm and ultimately obtained a full policy limits tender of $100,000. This was the most he could get. Our Client was thrilled with the result!

The Datny Law Firm helps victims of car accidents, including hit and run accidents, in Boca Raton, Wellington, Winter Park, Orlando and throughout the entire State of Florida. As you can see, we are relentless in our representation of our clients and fight to get them the money they deserve. Prior results do not guarantee future outcomes, as each case is different. For a FREE evaluation of your case, call us any time at 561-221-7474.

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