My 60-year-old client was driving on the highway on a rainy Saturday morning with his family when a young driver attempted to pass his car. The other driver sped up to pass and lost control of his vehicle on the wet road and crashed into my client’s car. My client was seriously injured and taken straight to the hospital from the accident scene.
This was not my client’s first brush with disaster. As a result of prior accidents, my client previously underwent shoulder surgery, cervical spine surgery and even lumbar surgery. The previous cervical and lumbar both required the insertion of hardware into my client’s spine. This accident not only aggravated the prior injuries, it caused new spinal injuries to his low back in his lumbar spine.
As a result of the new accident, my client’s surgical hardware in his spine at the L5-S1 level in his spine was damaged. In addition, my client suffered new lumbar spine injuries at the L3-L4 and L4-L5 levels. My client was forced to undergo a third spinal surgery. The spine surgeon removed and repaired the surgical hardware from the previous surgery at L5-S1 and performed a lumbar decompression and fusion at L3-L4 and L4-L5.
The lumbar decompression surgery removes the compression areas in the spine. The lumbar fusion procedure requires the surgeon to insert cages, screws and hardware in between vertebrae in the spine.
The defense and insurance company tried to argue that my client’s condition and injuries were due to the prior accidents and surgeries. I retained a board-certified spinal surgeon as an expert witness for my client. The spine surgeon was able to review the prior reports and compare them with the medical reports from this accident. This allowed the expert to author an analysis to determine which injuries were from before this accident and which injuries were aggravated and caused by the new accident. As a result of the expert analysis, my client was awarded $375,000.
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