Low Speed Rear End Collision Results in $655,000 Settlement

The client, a 49-year-old nursing assistant, was involved in an extremely low speed rear-end collision during stop and go traffic. Police were called to the scene, where no reported injuries were conveyed to the responding officers. The parties exchanged information, and both drove away from the scene of the collision. The client had a pre-existing history of low back issues, which included a prior lumbar microdiscectomy seven years prior to the collision but was essentially asymptomatic at the time of this collision.

The client sought subsequent medical treatment the following day at an urgent care, complaining of neck and back pain, which were initially diagnosed as soft-tissue injuries only. The client continued with conservative medical treatment over the next several months, including x-rays, chiropractic care, pain management treatment including PRP injections, MRIs, as well as epidural steroid injections. After their symptoms remained, the client sought medical treatment with an orthopedic surgeon, who ultimately recommended a lumbar fusion at the same levels that were previously compromised.

Wanting to avoid another low back surgery, the client sought out a 2nd opinion from a different orthopedic surgeon, who agreed with the previous recommendation that surgery was needed. The client, who could no longer tolerate the pain, ultimately underwent a lumbar fusion three years after the collision, which was followed by post-surgical physical therapy.

The defense did not believe that the extent and causation of her injuries were related to the subject collision and claimed that surgery was already needed due to her pre-existing conditions. Lengthy litigation ensued and the case ultimately settled at mediation for $655,000 with no previous offers from the defense.