Our client, a 26-year-old professional engineer, was thriving in her career at a large company in Olathe, Kansas. She led an active lifestyle, and her future seemed bright.
Unfortunately, everything changed in a split second when she found herself at the wrong place at the wrong time. Our client was stopped at an intersection in Olathe, Kansas, when suddenly, another driver, distracted by her car radio, lost control of her vehicle. The other driver struck a curb, overcorrected, and violently collided into the rear of the client’s vehicle. The impact was severe, causing significant damage to both cars and sending the client to Overland Park Regional Medical Center by ambulance.
Crash Resulted in Serious Spine Injuries and Potential for Future Surgery
At the hospital, the client was diagnosed with cervical radiculopathy, thoracic spine pain, and dorsalgia. Despite physical therapy, pain medications, muscle relaxants, and even an epidural steroid injection, the pain persisted. She eventually sought the expertise of a neurosurgeon and a spine specialist at the University of Kansas Medical Center. There, she underwent a nerve root block test that temporarily relieved her pain. However, there was an increased risk of surgery in the future, specifically a cervical fusion at the C5-C6 level.
Our client was not sure what to do – she did not want to rush into a surgery that was not immediately necessary. However, the fact that she may need this surgery in the future was a cause of concern. Fortunately, she did not try to take on the insurance company alone. She had contacted us soon after her emergency room visit, and our experienced injury attorneys were ready to help guide her through next steps.
Hiring Our Injury Attorneys Early to Investigate and Identify All Insurance
Our legal team took action immediately after we were retained to obtain all evidence necessary to establish liability on the at-fault driver. We next ensured that our client had access to medical providers who would diagnose, document and treat all her conditions and symptoms. Lastly, we identified all potential sources of insurance and provided these to our client early on so she could have all the information necessary to make the best decision for her case.
We were able to quickly obtain a policy limit offer from the insurance company for the at-fault driver, which was The General Insurance. Unfortunately, this was a state minimum policy of $25,000. Clearly, this was not going to make our client whole.
Lawsuit Needed to Maximize Under-insurance Claim
Fortunately, our client had obtained an underinsurance policy from her insurance company, USAA. Underinsured motorist coverage (or UIM) is a type of coverage that covers you in the event the at-fault driver’s insurance is insufficient to cover your injuries or losses.
We opened a UIM claim with USAA and sent a demand on behalf of our client. USAA refused to value the potential of a future surgery and only offered a nominal amount. After discussing with our client, we retained an expert for an opinion on the likelihood of that future surgery and filed a lawsuit in Johnson County District Court.
After discovery and intense negotiations, we were able to obtain a total settlement in the amount of $200,000 for our client. This compensation helped cover her past medical expenses, anticipated future treatments, and provided some peace of mind as she continued her recovery journey.
Helping Our Client Overcome Adversity
This client’s story is one of resilience in the face of adversity. Despite the physical and emotional challenges, we are proud to have fought for what was rightfully hers, and with our legal team’s help, she secured the compensation needed to move forward. Her journey serves as a powerful reminder of the importance of standing up for oneself, even when against the odds.
