Facts:
My client and his wife were heading to dinner to celebrate their anniversary in Brooksville. They have been married for almost 60 years and were on Cortez Blvd. As they approached the intersection of the Suncoast Parkway, a car turned left in front of them. The other driver was mistakenly attempting to enter an exit ramp. The impact caused my client to lose control of his car and drive into a pole. It was a serious accident. The other driver was cited for Failing to Obey a Traffic Control Device by the Hernando County Sheriff’s Office.
Injuries and Treatment:
My client is a senior citizen and was thrown about during the impact. He was taken to HCA Florida Oak Hill Hospital. He had multiple visible wounds, bruises, and abrasions.
He continued to feel pain in his back and neck and followed up with an orthopedic doctor. He was prescribed 6 weeks of physical therapy. He also had an MRI to his back and neck which revealed the presence of disc herniations.
When physical therapy did not resolve his pain, his doctor recommended a Radio Frequency Ablation to his low back. He had the procedure and that ended his treatment.
The Claim:
We sent a demand to the insurance company for the at-fault driver. When the case did not settle, we were forced to file suit due to the tort reform law that was being passed by the Florida legislature. We agreed to put the lawsuit on hold while our client finished his treatment.
We then sent a supplemental demand and received the $100,000 from the at-fault driver. We then sent in a demand to his own Underinsured Motorist Coverage and received the full $100,000 from them.
The Result:
The case settled for $200,000, which was the full amount of the insurance available.
