Accident with Underinsured Motorist – $285,000

Our client was injured as a result of a rear-end motor vehicle accident in San Jose, CA. As a result of the accident, our client sustained injury to his neck, shoulder, upper back, and his lower back. As a result of the motor vehicle accident, our client, who is an elder individual, suffered severe lumbar spine disk protrusions, causing significant lower back pain and radiating pain.

His neck and back pain was not fully alleviated by conservative therapy. Our client had a history of lower back pain and previously underwent a low back surgery prior to this accident, but his pain was manageable. However, this accident significantly increased his low back pain and caused significant neck pain.

After conservative therapy, our client sought treatment with an orthopedic specialist, who recommended that our client undergo two surgical procedures in the form of a disc replacement arthroplasty at C3-C4 and an extension of his prior low back spinal fusion at L3-L4.

After obtaining the at fault driver’s policy limits of $15,000.00, we submitted an underinsured motorist demand to our client’s underinsured motorist carrier. Although our client did not obtain these recommended surgical procedures, we fought the insurance company and argued that our client was entitled to his future recommended medical treatment, specifically, the two recommended surgical procedures.

After an initial settlement offer that did not consider our client’s recommend surgical procedures, our client returned to the orthopedic specialist and received another updated surgical recommendation. We again demanded our client’s underinsured motorist policy limits, arguing that he was entitled to this future recommended surgical treatment.

The insurance company changed their position, and accepted our demand for the underinsured motorist policy limits of $285,000.00 to settle his underinsured motorist claim.