The Datny Law Firm just settled a rollover car accident case in Wellington, Florida for $200,000.00 which represents the full BI and UIM Policy Limits.
The Facts
Our Client was the driver of a vehicle with the right of way that was t-boned by a reckless driver that ran a stop sign while speeding. As a result, the at fault driver crashed her vehicle into the passenger side of our Client’s car causing it to spin around and roll over onto its side. The car was declared a total loss with significant damage, shattered glass and airbag deployment.
Immediately after the crash, the Client was taken to the hospital. She was treated and released. After the emergency room, she commenced treatment with chiropractic and physical therapy which failed to abate her symptoms. Diagnostic testing was thereafter performed which revealed cervical disc herniations. The Client then underwent 7 rounds of trigger point injections to the cervical spine, 1 round of cervical facet block injections, 1 round of medical branch block injections to the cervical spine and 1 round of epidural steroid injections to the cervical spine.
Unfortunately, neither the aforementioned therapy nor injections, which were administered during the year that followed the crash, provided the Client with any lasting relief. As such, her treating specialist recommended cervical discectomy and fusion surgery. The Client sought a second opinion with an orthopedic spine surgeon who also recommended cervical spine surgery, but in the form of cervical disc replacement. She saw a third spine surgeon to review her options who confirmed she necessarily needed neck surgery, but thought cervical discectomy and fusion was more appropriate than disc replacement.
The Client also sustained a lumbar spine injury including aggravation of a pre-existing back injury that previously was fused. Diagnostic imaging taken after the rollover crash showed the hardware from the Client’s previous fusion surgery had migrated onto the nerve root, which her treating specialist opined would likely require revision. In the interim, the specialist administered epidural steroid injections and a CAUSAL ESI to the lumbar spine. She was also recommended for Medial Branch Block Injections to the lumbar spine and Radio Frequency Ablation as a way to address the impinged nerve and put off lumbar spine revision surgery.
Additionally, the Client hit her head in the crash and sustained a Traumatic Brain Injury (TBI). After an extensive battery of testing, the Client was diagnosed with:
- Diffuse Traumatic Brain Injury
- Tinnitus (ringing in the ears)
- Mild hearing loss
- Anxiety
- Post-Traumatic Stress Disorder
- Post-Traumatic Headaches
- Dizziness and imbalance which her treating neurologist directly/causally related to this significant rollover crash.
Despite the fact the above injuries and medical conditions persist, and continue to evolve, this office made a timely demand to GEICO Insurance for their bodily injury limits of $100,000.00. Without delay, GEICO agreed to pay their limits. Thereafter, we submitted a demand to the underinsured motorist carrier, USAA, for their UIM limits of $100,000.00. However, USAA refused to tender instead making a nominal offer of $25,000.00 followed by offers of $35,000.00 and $50,000.00. However, Datny Law refused to budge from the policy limits and instead filed a Civil Remedy Notice with the Department of Financial Services alleging bad faith negotiations. In response, USAA agreed to tender its $100,000.00 UIM limits.
In sum, Datny Law obtained a full recovery of $200,000.00 for this rollover accident Client. We are very proud of this settlement for a very deserving and happy Client.
If you or a family member have been involved in a car accident in Florida, whether a rollover, rearend, t-bone or something else, please do not hesitate to call Datny Law any time at 561-221-7474 . We proudly represent injured accident victims from Key West to Miami to Boca Raton – Delray Beach to Naples all the way through West Palm Beach and Winter Park – Orlando, Florida.
***Prior results do not guarantee future outcomes, as each case is different***