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One-Day Trial Results In $253,000.00 Verdict

On July 2, 2004, Alvin Kelm was traveling home to Brookfield after working in Minnesota for the week. As he was traveling in Jefferson County, Wisconsin, he was rear-ended when a driver failed to keep her vehicle under control. The force of the collision totaled his 1994 Jeep Grand Cherokee.

At the scene of the accident, Mr. Kelm did not believe he was injured. Unfortunately, in the days following, he developed severe headaches and neck pain. Mr. Kelm began treatment with a chiropractor in an attempt to alleviate his symptoms. His pain continued over the next year and a half causing him to be unable to sleep and have trouble with his daily activities. As a result of his ongoing problems he consulted with a neurosurgeon. The neurosurgeon indicated that the only thing that would relieve Mr. Kelm’s problems was a cervical fusion. As a result, in January of 2006, Mr. Kelm underwent neck surgery. The surgery was a success, but did leave Mr. Kelm with permanent pain and discomfort.

The insurance company for the at-fault driver did not want to offer a fair settlement to resolve the case. As a result, Attorney Jason F. Abraham filed a lawsuit on his behalf. Once the lawsuit commenced, the insurance company hired a doctor from Minnesota to try and say that Mr. Kelm’s surgery was not related to the accident. Attorney Abraham relied on the testimony of Mr. Kelm’s treating surgeon and ultimately took the case to trial. At trial, Attorney Abraham was successful in discrediting the insurance company’s doctor. Upon the conclusion of the one-day trial, Mr. Kelm was awarded $253,000.00, which was in excess of the defendant’s insurance policy. The insurance company only offered $90,000.00 before the trial.

Awarded: $253,000.00