$80,000 Award for Motor Vehicle AccidentApril 1, 2018
In August 2014 Plaintiff was fully stopped in traffic when the Defendant negligently failed to maintain proper observations, failed to maintain reasonably safe following distance and/or otherwise failed to take evasive action and struck the Plaintiff’s vehicle in the rear at an excessive rate of speed without warning.
Plaintiff did not present to the hospital because she was under the mistaken impression she was merely suffering from soreness to her neck and back however, her pain increased in terms of intensity and frequency in the hours following the accident. Later that evening she presented to the hospital complaining of pain to her neck and back and underwent an x-ray test to her cervical spine. This test revealed no fractures or subluxations. She was diagnosed with cervical whiplash along with sprains and strains. She was given pain medication and discharged to follow up with an orthopedic specialist.
Several days later, Plaintiff presented to her primary care physician and was referred to a chiropractor and started an initial course of chiropractic treatment consisting of chiropractic care, physical therapy and acupuncture. Additionally, she underwent a lumbar spine MRI test which revealed a central left-sided disc herniation.
During this time, Plaintiff was also referred to a pain management specialist who performed additional testing and recommended six (6) procedures which Plaintiff underwent including Lumbar Epidural Steroid Injection; Right Sacroiliac Joint Steroid Injection; Right Diagnostic Medial Branch Block; Right Lumbar Radiofrequency Ablation; Dry Needle Right Lumbosacral Trigger Point Injection; and Right Lumbar Trigger Point Injection.
In addition to the foregoing, Ms. Hernandez was referred to a neurosurgeon who confirmed the existence of the herniated disc and associated annular tear and opined that Plaintiff would require lumbar spine surgery if her pain was discogenic in nature. Plaintiff ultimately decided not to undergo the recommended surgery.
The case settled on for $80,000.00, prior to the scheduling of a trial.
No defenses with respect to liability and damages. No lost wage claim asserted.