On July 2, 2004, in Jefferson County, Wisconsin, Alvin Kelm was traveling home to Brookfield after working in Minnesota for the week when he was rear-ended by a driver who failed to keep control of her vehicle. 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 and began treatment with a chiropractor in attempt to alleviate his symptoms. Over the next year and a half, his pain continued and caused him to have trouble with his ability to sleep and perform daily activities. He consulted with a neurosurgeon, who indicated that the only thing that would relieve his ongoing problems was a cervical fusion. In January 2006, Mr. Kelm underwent a successful neck surgery, though it left him with permanent pain and discomfort.
The insurance company for the defendant driver did not want to make a fair settlement to resolve the case and offered only $90,000, so Attorney Jason F. Abraham filed a lawsuit on Mr. Kelm's behalf. Once the lawsuit commenced, the insurance company hired a doctor from Minnesota to try and claim that his surgery was not related to the accident while Attorney Abraham relied on the testimony of Mr. Kelm’s treating surgeon. The case ultimately was taken to trial.
Upon conclusion of the one-day trial, Attorney Abraham was successful in discrediting the insurance company’s doctor and Mr. Kelm was awarded in excess of the defendant's insurancy policy at $253,000.