Case Type: Third-Party Automobile Negligence
Facts of the Case
This case arises out of a T-bone collision that occurred May 26, 2015 at the intersection of S. Maple Road and W. Stadium Boulevard in Ann Arbor. Plaintiff was traveling northbound on S. Maple in a silver 2004 Cadillac. Defendant was driving southbound on S. Maple in a silver 2007 Cadillac CTS. Plaintiff entered the intersection to make a left hand turn onto W. Stadium Boulevard when Defendant ran the red light and collided with Plaintiff. The severe impact totaled Plaintiff’s vehicle. Our client told the investigating police officer she did not need an ambulance at the scene of the collision. Our client followed up at an urgent care later in the afternoon.
Types of Injuries and Harm Suffered
- Whiplash injury to neck
- Diagnosed with bulging disc in the cervical spine
- Rib injury
Other Types of Damages
- Missed work as a result of medical appointments
Legal Issues in the Case
- Did our client’s injuries meet the serious impairment threshold?
- Was the bulging disc a pre-existing condition or was it caused by the collision?
- Who was primarily at fault for the collision?
- Should a lawsuit be filed immediately or should the case be resolved pre-suit?
What We Did To Win The Settlement
We filed a lawsuit in Washtenaw County Circuit Court against the Defendant rather than attempting to resolve the claim pre-suit with the insurance claim representative. We determined early on that the claim representative would not negotiate in good faith. We obtained all of our client's medical records showing that she had no past history of neck or back problems. We took depositions and established that there was no dispute the collision was the other driver’s fault.
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