$425,000 for Low Speed Crash/Neck and Back Injury with Pain Management

Car Accidents

On June 7, 2017, a Demas Law Group client was driving in slow traffic in Yuba County.  She brought her car to a stop, but a truck behind her failed to stop in time.  The driver of the truck stated that he brought his vehicle to a stop behind the client, but allowed his foot to come off the brake pedal momentarily and “rolled” into her car at 1 m.p.h.  There was minor damage to the rear bumper cover and trunk lid of the car.  Police were not called and both parties drove away from the scene.

The client was six months pregnant at the time of the crash and she sought treatment through her health insurance provider, primarily concerned about the health of the baby.  Once it was determined that the baby was fine, the client sought treatment for neck and low back pain that had developed after the collision.  However, because of her pregnancy, her physician had very little to offer her aside from mild pain medication and physical therapy.  After the baby was delivered, she was able to get cervical and lumbar MRIs.  The cervical MRI showed no abnormalities and the lumbar MRI showed degenerative changes, including an annular tear at L4-L5.  She was referred to pain management but was not offered interventional treatment aside from trigger point injections.

The client had originally retained a sole practitioner to represent her, but the attorney (with whom DLG has partnered many times) recognized that the case required the experience, expertise, and resources that the Demas Law Group brings to the table.  In light of the slow pace of treatment through her health plan, the client began to treat by a new pain management specialist.  Her medical treatment, which was interrupted by two additional pregnancies, consisted of several lumbar epidural steroid injections, diagnostic cervical medial branch blocks, and two radiofrequency ablation treatments.  Ultimately, she was offered a single-level discectomy but did not want to undergo the procedure.

Arguing that the client would require ongoing pain management and was losing income from her self-employment, Demas Law Group was able to secure a $425,000 settlement, after hard-fought litigation, just before experts were disclosed.