Our client was involved in a low-velocity impact in which her vehicle sustained only $550 worth of damages. However, the injuries she obtained as a result of the accident eventually led to a total disk replacement surgery in her lower back.
Prior to the accident, our client had a history of medical treatment for lower back pains. The defense alleged that the forces of the accident were insufficient to cause the plaintiff’s injuries and that she wasn’t actually injured due to the collision. The defense's "independent medical examination" doctor opined that our client should have healed from any injury from the accident within a week and any treatment afterwards was due to preexisting conditions.
At mediation, the defendants offered $13,000 and it was rejected. Shortly before trial, Attorneys Nicole Weir and Shawn Brock of Hupy and Abraham in Appleton were able to resolve the case for $175,000, about 13-and-a-half times more than offered.