Case Type: Shoulder Injury From Car Accident Settlement
Facts of the Case
On June 1, 2015, our client was injured in a chain reaction rear end collision caused solely by Defendant Michael Timothy Thomas’ negligence. Our client's main injury was to her right shoulder, for which she underwent a year of conservative medical treatment which ultimately failed to alleviate her pain and lack of functionality.
Due to this failure of all conservative treatment options, our client elected to undergo a diagnostic arthroscopy of the right shoulder, which revealed bursitis in and around her right rotator cuff, which was surgically debrided. Our client made an excellent recovery and is now able to live a life free of pain and disability.
Types of Injuries and Harm Suffered
- Right shoulder bursitis
- Right shoulder edema causing stenosis in and around the Os acromiale
- Extensive scarring on the face
State Farm Mutual Automobile Insurance Company, the insurer of the negligent driver, paid $50,000.00 and our client's UIM carrier, MEEMIC, kicked in $5,000.00 towards the settlement.
Other Types of Damages
- Permanent scarring to the right shoulder from the surgical portals
Legal Issues in the Case
- Lack of objective evidence of injury
- Causation (lots of frayed tissue observed intraoperatively)
- Serious Impairment (missed only a grand total of 5 days from work due to her injuries)
- Late Notice of Non-Party Fault
What We Did to Win the Settlement
We took extensive discovery depositions of the four independent witnesses to the collision, as well as the responding police officers, in order to combat the Notice of Non-Party Fault.
We also met with our client's treating surgeon and secured his likely testimony that the bursitis was aggravated in the subject collision and that her surgery was necessitated by this aggravation.
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