PLG Resolves Two Car Accident Cases Totaling Over $400,000

PLG Resolves Two Car Accident Cases Totaling Over $400,000

The Piccuta Law Group has settled two notable car accident cases within thirty days of each other. The first settlement was for $250,000. The second settlement was for $170,000. The total of the two settlements combined is $420,000.

Both car accident cases involved Monterey County woman who were injured due to the fault of another. Neither client had a single serious injury. Instead, both clients had several various ailments that required treatment. It was the collective injuries that resulted in the settlements.

Car Accidents Can Cause a Single Severe Injury

Often times, a car accident can cause a single serious acute injury that requires significant medical treatment. For example, a client can break his or her leg and require surgery. When this occurs, the injury is serious and the single injury by itself can create significant medical expenses and have lasting consequences.

Another example is when the client suffers a serious spinal injury such as a fractured vertebrae or herniated disk. In this situation, the injury can result in a course of treatment that is extensive. Yet, all the treatment arises from the single injury that the car accident directly caused.

Car Accidents Can Produce Several Less Severe Injuries

Sometimes, a client will suffer several less severe injuries in a car accident. Although, each individual injury may not be a major one, the injuries combined can make for a very difficult recovery. In these situations, the cumulative effect of the injuries can create large damages. The medical expenses can be significant as several different parts of the bodies may require treatment.

In these situations, the cumulative effect of the injuries can create large damages.

For example, a client may get in a car accident and suffer a sprained ankle, abrasions, hematomas, a concussion and whiplash. These injuries, when taken alone, may not be as serious as a fractured femur requiring surgical repair and the installation of hardware. Yet, the several injuries together have a synergistic effect that may make the damages very significant.

In these situations, it is important to have a skilled attorney who can present the injuries in a way to ensure that you receive full compensation. It is the attorney’s job to make sure that the client receives comprehensive medical treatment. It is also the attorney’s job to see that the insurance company appreciates the complexity of a multi-injury claim and that each individual injury is accounted for and compensation paid accordingly.

The Two Car Accident Cases Recently Resolved by Our Lawyers

The two car accident cases, recently resolved by our lawyers, both involved clients who sustained several less severe injuries.  The first case was initially a contested liability case arising from an intersection car accident. Contested liability means that the other driver was not taking responsibility for the crash and was, instead, claiming our client was liable. However, after our investigation and production of evidence, the insurance company for the other driver accepted 100% fault for the crash.

Our investigation included witness interviews and evidence preservation efforts. We interviewed passengers of vehicles involved in the crash as well as other drivers who were at the scene. We contacted a nearby bank for its surveillance footage. We presented this information and evidence to the other insurance company. Ultimately, after several months of work, the other insurance company agreed that its driver was at fault.

The Injuries Sustained in the First Car Accident

Our client sustained several different injuries. Her injuries included:

• Abdominal wall contusion
• Right hip pain
• Scalp hematoma
• Head injury
• Low back pain
• Pelvic pain
• Neck pain
• Chest wall contusion
• Left foot pain

These varied and different injuries caused a lot of issues for the client. While each individual injury or diagnosis by itself would not have resulted in a high value claim, the combination of the injuries together showed the seriousness of the crash and resulting damages.

We presented the injuries to the insurance company and showcased how difficult the injuries were for the client. We walked the insurance company through the client’s medical treatment and her recovery. We also explained how some of the injuries remained permanent despite the medical treatment. By doing so, we were able to obtain a settlement of $250,000 for the client.

The Injuries Sustained in the Second Car Accident

The second car accident and client had a similar injury presentation. Specifically, the client sustained many smaller injuries as opposed to one major injury. The client was diagnosed with the following injuries from the crash:

• Left rib fracture
• Abrasions
• Neck injury
• Left shoulder pain
• Left hip pain
• Low back pain

The insurance company did not initially present an adequate offer to resolve the claim. This is because several of the client’s injuries were subjectively reported.

Subjective Versus Objective Injuries and How They Affect a Car Accident Claim

A subjective injury is one that is based upon a person’s own reporting and feelings. On the other hand, an objective injury is one that is not based upon anyone’s personal feelings or thoughts. An objective injury is proven by factual evidence.

It is much easier to resolve a personal injury claim when objective injuries are involved. This is because insurance companies are skeptical of subjective injuries. Insurance companies simply believe that individuals who report subjective injuries are doing so only to obtain a car accident settlement.

Insurance companies simply believe that individuals who report subjective injuries are doing so only to obtain a car accident settlement.

On the other hand, with objective injuries, there is no basis to doubt the injury exists. An insurance company may argue that the injury was not caused by the car accident, but they cannot argue that the client is not injured because the proof is not subject to dispute.

Types of Objective Injuries from Car Accidents

Objective Injuries from car accidents can include:

• Fractures
• Contusions
• Abrasions
• Lacerations
• Hematomas
• Swollen Joints
• Disc herniations
• Disc ruptures
• Brain bleeds
• Burns
• De-gloving

As the above lists shows, all the above objective injuries can be supported by physical evidence proving them. For example, fractures, brain bleeds and disc injuries, can be proven by diagnostic tests like x-rays, MRIs and CT scans. Contusions, abrasions, lacerations and swollen joints can be proven by visual evidence including photographs and video.

Types of Subjective Injuries from Car Accidents

Subjective injuries from car accidents may include:

• Whiplash
• Back strains
• Concussions
• Joint pain
• Self-reported head injuries

All the above injuries are primarily diagnosed by a patient or client’s self-reporting. For example, a person may report that they have headaches, are sensitive to light and cannot think clearly. As a result, these self-reported symptoms could result in a concussion or head injury diagnosis.

Likewise, a client could report that he or she is experiencing neck pain and that he or she is having difficulty turning it. These subjective complaints could result in the diagnosis of whiplash or a cervical strain. Other than the self-reported subjective complaints of the client, there is very little to prove the injury.

We Filed a Lawsuit to Obtain Compensation for the Subjective Injuries

The insurance company for the second car accident claim did not initially offer enough to resolve it. In conversations with the insurance company adjuster, it became clear that he was only offering fair value for the objective injuries i.e. the rib fractures and abrasions. The insurance company was discounting all the subjective injuries the client sustained.

As a result, we filed a lawsuit and litigated the case. Eventually, the insurance company agreed to pay fair value for all the client’s injuries—including her subjective ones. We ultimately resolved the case for an amount much higher than what was initially offered.

Both Clients Were Extremely Satisfied with the Result

Due to the efforts of our car accident lawyers, both clients took home well over six figures from their car accident claims. The amounts the clients received made a meaningful difference in their lives. Both clients were extremely grateful. Both clients left five star google reviews on-line for our firm.

Contact a Proven Car Accident Attorney Today

If you were injured in a car accident, contact the Piccuta Law Group today. A consultation is free and we only earn a fee if we recover for you. Our car accident attorneys have a proven track record of success. We repeatedly obtain high settlements and exceptional results for our clients on difficult cases. We will work hard to do the same for you and your loved ones.

About the author: The content on this page was written by California personal injury attorney and civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously ranked Top 35 US News & World Report).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, and many local county and City bar associations.

Disclaimer: The information on this web site is attorney advertising and is for informational purposes only. It does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.