Facts

Claimant Nicole Cheatham made an uninsured motorist claim as a result of a May 31, 2010, two-vehicle accident.

Mid- Century and claimant agreed to submit the matter to a binding mediation.

CLAIMANT'S CONTENTIONS:
Cheatham claimed that a vehicle driven by an uninsured motorist turned left into her path of travel, and she could not stop in time to avoid the collision.

RESPONDENT'S CONTENTIONS:
Mid-Century Insurance Company, claimant's uninsured motorist insurer, did not contest that the uninsured motorist was at fault for the accident, but did dispute the extent of claimant's injuries and damages.

Settlement Discussions

Respondent offered $75,000 in response to claimant's $250,0000 policy limit demand.

Damages

Cheatham claimed $60,000 in past medical expenses, and $100,000 for future medical expenses.

Injuries

Cheatham contended that as a result of the motor vehicle accident, she suffered cervical disc herniations at C5-6 and C6-7, and a lumbar disc herniation at L5-S1. Despite aggressive treatment, including physical therapy, chiropractic treatment and epidural steroid injections, she still has severe pain and radiculopathy. Cheatham claimed that she required a two-level anterior cervical discectomy and fusion at C5-6 and C6-7, and, in all likelihood, would require lumbar discectomy. Respondent claimed that Cheatham only suffered cervical and lumbar sprains, superimposed on her fibromyalgia, that the disc herniations pre-existed the accident and would not require future surgery.

Result

Claimant was awarded the $250,000 policy limit, plus $5,000 in medical expense benefits, for a total recovery of $255,000.