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This
next type of case I see way too often. Kim
was involved in a "minor" fender bender, when she was rear ended by
an inattentive driver. The bumpers were all that appeared to be damaged.
She didn't feel any signs of serious pain following the accident so she
did not go to the hospital. All
she felt was a little neck pain and pain in his right hip.
A few months later she began having severe neck pain and headaches. Since she never went to the hospital following the accident,
she thought that she would not be able to make a claim for the pain she was
now experiencing.
Eventually,
the pain just became too much for Kim.
She finally went to her family doctor.
The doctor referred her to physical therapy and then she went for
chiropractic care. The
insurance company told her that they would only pay a small portion of her
medical bills, plus a few hundred dollars for her pain and suffering.
The insurance company denied that anyone could be hurt since there was
so little damage to the cars, yet Kim had suffered significantly and this
affected work, school and her enjoyment of life.
The insurance company refused to accept that she was seriously injured
from a so called "low impact" injury.
Many "low impact" accidents do cause hidden injuries when the
occupant is not expecting a sudden impact.
Meanwhile
Kim was hurting and her doctor advised her that she could not do the physical
work that she had been doing in order to earn money for college.
When Kim came to me she was hurt, frustrated and had mounting medical
bills. The first thing I was able
to do was to take the financial pressure off Kim by getting the medical bills
paid by the insurance company. I
investigated the accident further and was able to prove that the accident was
much worse than the insurance company told her.
I established that in addition to the bumper damage the whole frame was
bend and caused buckling of the fender and side panel of the car.
I was able to prove to the insurance company that there were
significant damages that were caused by the other driver.
Kim suffered through difficulties at school she was no longer able to
run or even sit all the way through class without pain.
She was running out of money and although she was hired for a job she
could not do the physical work and had to quit.
I was able to get payment for all the past
and future medical treatment she needed to get better. I
got the insurance company to pay for her lost wages from the work that she
missed. I got payment for having
to retake classes that she did poorly at due to her pain.
Over and above this I got a fair and just amount for her pain and
suffering.
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