
Our client was driving in the right lane of a two-lane road in Miami-Dade County when the driver to her left made a right turn directly into her driver's side door. She had nowhere to go -- her vehicle was up against the sidewalk. The impact was unavoidable and entirely the fault of the other driver.She sustained a cervical spine injury requiring pain management treatment. Critically, she had no prior cervical history -- this was a new injury, entirely attributable to the crash. The defense did not tender until the pain management course demonstrated the ongoing nature and significance of the cervical condition. When they did, they tendered the full policy limits of $100,000.
We established a clean, uncontested injury. No prior neck injuries. No prior cervical treatment. The crash caused something entirely new -- and that fact was central to the value of the claim.We held our position through the treatment course. We stayed in litigation while our client completed pain management treatment, building a medical record that demonstrated the persistent and significant nature of the cervical injury.We maximized recovery on a policy-limited case. $100,000 -- every dollar available. On a pain management case with no surgery, that result required building a complete damages picture and holding firm until the defense had no credible basis to offer less.
