Confidential
Settlement – $100,000Facts
On March 20, 1996, plaintiff, a 28-year-old right-handed female, was driving a 1992 Volkswagen Jetta southbound on Lankershim Boulevard in the No. 1 lane when she was injured in a three vehicle automobile accident. The plaintiff was at a complete stop when defendant driver rear ended plaintiff's vehicle. The impact caused plaintiff's vehicle to rear end a 1995 Plymouth Neon that was approximately one car length in front of plaintiff's vehicle. The defendant was driving a 1991 Jeep Laredo at approximately 30 mph. After plaintiff came to a complete stop, she looked in her rear view mirror and saw the defendant approaching at a high rate of speed. The plaintiff braced herself for impact with hands locked onto the steering wheel, her left foot on the clutch and her right foot on the brake. The plaintiff was wearing her three point belt at the time of the accident. Upon impact, plaintiff was jolted back and forth and immediately developed throbbing aches in her neck and upper back. Her vehicle was towed from the scene. She obtained a rental car and drove to work. After two hours, she went home and went to bed. That evening, plaintiff developed severe pain in her neck and upper back, she could not lift her head up. The following day, she sought medical care from her family physician, who examined her, gave her a neck brace and prescribed physical therapy. Approximately six days later, plaintiff began to experience severe pain in her lower back and hips (bilaterally). The plaintiff experienced popping sounds in her neck, upper back pain and headaches for approximately six months after the accident. The plaintiff was seen at Valley Physical Therapy for approximately six months following the incident. She was treated conservatively with hot pack, a TENS unit, ultrasound, massage, and a traction rehabilitation program for her neck and back. On Sept. 18, 1996, she was discharged. Her neck and upper back symptoms completely resolved. She was discharged with instructions to continue a home exercise program and avoid heavy physical activities for an additional six months. She continued to experience lower back pain, right leg buckling, fatigue after prolonged sitting, hip and leg aching at the end of the day and pain in the region of the tailbone and coccyx. The plaintiff underwent an MRI of the lumbar spine which showed a partially conjoined nerve root on the right L5-S1. EMG and nerve conduction studies were performed. On Feb. 13, 1998, an MRI of the pelvis was performed and the findings consisted of a 2 centimeter focal area of sclerosis along the right anterior inferior margin of the sacroiliac joint involving both the sacrum and ilium and a 1 centimeter left focal area of sclerosis along the left anterior inferior portion of the ilium. On May 21, 1998, plaintiff's doctor determined the cause of plaintiff's continued complaints was sacrailiitis based on the MRI of the pelvis and plaintiff's complaints. He provided trigger point injections into the gluteus minimus area and right hip joint. Due to the significant impact and injuries sustained in the structures of her neck and back, plaintiff will continue to experience these symptoms on a life-long basis. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $100,000 (policy limits). The defendant originally offered $18,000 before a lawsuit was filed but increased the offer of $32,000 at an all day crash settlement conference in June 1998. After expert depositions were taken and defendant's medical expert was in agreement with plaintiff's expert that plaintiff's complaints of leg, back would likely to continue for life, defendant agreed to pay the entire policy.
Specials in Evidence
$13,965
Other Information
The settlement was reached approximately one year and seven months after the case was filed. The defendant settled the property damage and personal injury claims of the other driver in the accident.
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