Sore neck? Wait until you read about what happened to this couple.
On February 27, 2012, a female and her fiancé were traveling eastbound on Athens Highway right outside of Atlanta, Georgia. They were stopped at an intersection, about to make a right turn at Brooks Drive, when their car was rear-ended by a commercial box truck. Ouch.
The Neck Injuries
The female, 47, claimed injuries to her neck and right shoulder. Her fiancé, 48, who was in the driver’s seat claimed injury to his lower back.
You’re likely squirming in your seat imagining a speeding truck ramming into the back of your car. What if they had children in the back? The couple was lucky to walk away, but any kind of car accident regardless of the magnitude is traumatizing.
The couple sued the truck driver stating he was negligent in the operation of his vehicle. They also brought their auto insurance carrier to assist with their claim.
What Took Place
According to the couple, the truck whizzed down Athens Highway. There was a car waiting at the intersection behind them, and they swerved quickly out of the way, leaving the plaintiffs as the one and only bowling pin in the alley. The truck of course collided with them. The couple claimed that the truck driver’s inattentiveness and failure to stop made him negligent.
The Road to Recovery
The female in the car struck went to a spine specialist on March 5, 2012. Her neck was numb as well as her upper extremities. She was soon diagnosed with disc herniations at C5-6 and C6-7. She moved back to her hometown in Mississippi to undergo a fusion and discectomy in October of that same year. Approximately two months later she followed up with physical therapy.
Even after surgery she still experienced pain and discomfort in her right shoulder. She had an MRI and learned that she had a torn rotator cuff. She underwent arthroscopic surgery in September 2013. Luckily, her shoulder mostly healed, but after two invasive surgeries she still has residual symptoms in her neck.
The Case and Award
She claimed $88,293 in past medical costs and further sought damages for her pain and suffering.
Her fiancé claimed an exacerbation of his pre-existing lower back condition and treated this with his spinal surgeon. He claimed ongoing lower back pain and sought $5,000 in past medical costs and damages for pain and suffering. He, however, did not suffer as greatly as his fiancée.
The defendant did not argue liability for the accident.
If only the rest of the case had gone that smoothly…
The defendant disputed the medical charges, arguing that both plaintiffs were already disabled due to spinal conditions and similar surgeries. According to reports, the defendant also argued that the torn rotator cuff was not related to the subject accident since the diagnosis (and the surgery) happened over a year after the accident.
The truck driver had a $300,000 policy limit on his auto insurance.
The female involved in the accident settled for a total recovery of $282,695. There was no settlement for her fiancé.
Millar & Mixon, LLC specializes in personal injury. Know who to call if the unlikely ever happens to you. We always think we’re safe…until a commercial truck traveling at a high speed rear-ends us. Be prepared for the unexpected. Most importantly, we have your back…and your neck.
LEGAL DISCLAIMER: The above article is a factually-accurate case history of an actual previously litigated or settled Georgia case. The case was reported on in local media and/or legal reporting services and it was not handled by Millar & Mixon, LLC. However, we think our current and prospective clients may find this information interesting and informative as the case is factually similar to cases our office routinely handles. Please be advised that Millar & Mixon, LLC makes no guarantees your case will have a similar outcome, as past results and results of our firm or of other lawyers and law firms are not indicative of future performance.