On an unusually hot late February evening, Mr. M, a retired 66-year-old father and grandfather, was driving home to St. Charles Parish, Louisiana from his son’s house in Hammond, Louisiana. He took his typical route traveling south on I-55. His intent was to merge onto I-10 east in Laplace, Louisiana, and then hit I-310 south near Kenner, Louisiana before making it home.
The Accident
Near the I-55 South merge with I-10 East – the one with the big sweeping curve before you hit I-10 east, Mr. M slowed down to successfully navigate the curve. As Mr. M was slowing, out of nowhere, the rear of his 2007 Chevrolet Silverado was struck by a Ford Passenger van.
Due to the impact, Mr. M was shaken about the interior of his cab and forced forward towards his steering wheel. Lucky for him, his seatbelt caught, and he did not impact the steering wheel violently. However, Mr. M was shaken up enough to seek medical care on the night of the collision at a local emergency room.
The other driver, who was driving with 3 passengers, including one in a wheelchair, was cited for following too closely and causing the wreck.
At the hospital, Mr. M complained of neck, back, and shoulder pain. As is often the case, his imaging from the ER showed “no abnormalities.” Typically, this is because ER imaging is mostly looking for broken or fractured bones. The imaging does not show soft-tissue or muscle injuries in most cases. Mr. M was released and instructed to follow-up with his doctor.
Mr. M Calls the LJB Legal Team
Within a few days, Mr. M contacted our St. Charles Parish Personal Injury law firm for a consultation because he had never been involved in anything like this before. He was unsure of exactly what to do regarding getting his vehicle repaired, how to get his injuries treated, or even if he had a case.
Our team answered Mr. M’s questions and put his worry at ease as we spent over an hour with Mr. M just listening – even before we knew if we had a case or if he wanted to move forward.
Following our meeting, Mr. M decided he probably needed some help and asked if we would assist. Little did he know then, he needed our help more than he realized.
Pain Ignored
Over the course of the next few days and weeks, Mr. M’s pain did not relent. He thought to himself – “I’m just getting older; it will take a little longer, but I’ll be fine.”
Mr. M did not get better as he thought. He reached out asking what should he do. Our advice to Mr. M – if your pain is not getting better and causing you problems – you should get it checked out. Mr. M visited a local chiropractor.
The chiropractor reported to us about Mr. M’s neck and back pain but also recommended a shoulder MRI because Mr. M reported unusual pain in the shoulder and his range of motion was limited. We advised Mr. M on obtaining the magnetic resonance imaging (MRI) and seeking treatment for his shoulder pain.
The Diagnosis
Turns out, Mr. M had a rotator cuff tear in addition to his neck and back pain!
Mr. M then began seeing an orthopedist for the torn rotator cuff and was prescribed physical therapy, which did not help but actually worsened his pain. Then, he was prescribed a series of injections and recommended to get a surgical consultation.
For the surgical consultation, Mr. M underwent another MRI and visited with an orthopedic surgeon. The surgeon did recommend rotator cuff repair surgery but noted the injury appeared chronic in nature – that is, probably did not stem from the crash but had existed for a while and was aggravated by the crash. The surgeon noted no prior records existed showing Mr. M complaining of pain or discomfort or lack of range of motion in his shoulder.
Mr. M really did not want surgery given his advanced age and other risk factors. He decided to continue with physical therapy, injections, and monitoring his activity.
In conjunction with all of Mr. M’s treatment, our team was hard at work compiling the evidence needed to prove Mr. M’s damages and make a demand. We were in contact with the adjuster for the out-of-state insurance company (the driver who crashed into Mr. M was from Ohio) as well as their local contract adjuster.
We were able to get a copy of the policy at issue and noted its limits may be enough to compensate Mr. M should he go through with the surgery.
Unfortunately, Mr. M did not have any UM (Uninsured/Underinsured Motorist) coverage – over coverage he purchased himself in case another driver did not have any or enough insurance in a collision in which Mr. M was hurt.
The Demand
After Mr. M decided he did not want any surgery – too risky for him – we prepared and sent a demand letter asking for the policy limits of $100,000.
The insurance company adjusters on the other side argued Mr. M sustained only minimal damages in the crash as his rotator cuff injury was “chronic according to the surgeon.”
The adjusters never responded to the demand.
When we never received a response to our demand, our team had no choice but to file a lawsuit on Mr. M’s behalf against the at-fault driver and the insurance company.
As a direct result of this accident, Mr. M accrued about $12,000.00 in medical expenses.
The Result
After Loyd J. Bourgeois, LLC filed suit (within a month or so of filing), Mr. M’s claim was resolved for a total of over $86,000.00.
Our team was able to recover almost the entire policy limits for a deserving client – without having to go through the rigors of a trial – by putting together a comprehensive demand package and guiding our client along every step of the process starting shortly after the crash.
The Take-away
Mr. M may have made the same mistake that we see often after car accidents. People often take a quick check before they realize that the pain isn’t going away with time. Before they realize the full extent of their injuries. Before they find out that they may either need surgery or may have to deal with the pain for the rest of their lives.
Knowing what we know now about how the insurance company tried to deny any responsibility for Mr. M’s injury based on one statement in a consult, it makes us wonder if Mr. M would have recovered anything if he did not have competent legal help for his accident injury claim.
