Getting into an accident is usually the last thing on someone’s mind while going about their day. Unfortunately, from minor fender benders to fatal collisions, motor vehicle accidents happen daily in Nebraska and throughout the country.
Auto insurance statistics show that the average driver gets into three to four car crashes in their lifetime, filing a claim roughly every 18 years. No one expects to experience a lifetime’s worth of accidents in just two years. However, that’s exactly what happened to one of the Law Offices of Matthew A. Lathrop’s recent clients.
Keep reading to learn how Matt and his team helped the client recover a significant sum after multiple wrecks left him with lasting injuries and facing and an insurance company that was reluctant to settle.
The Accident
Our client, a 41-year-old maintenance worker, was in three car accidents in the span of just two years, resulting in persistent neck, back, and left shoulder pain. All three crashes were rear-end collisions caused by uninsured or underinsured drivers, and none were his fault, but his insurer gave him the run-around. Not only were they suspicious about what kind of driver gets in three wrecks in two years, but they tried to avoid settling each claim by saying his injuries resulted from one of the other collisions.
He hired the Law Offices of Matthew A. Lathrop to help him get his insurance company to pay uninsured motorist claims against the drivers in the first and third crashes, and an underinsured motorist claim against the second driver. We also handled a claim against the underinsured driver’s insurance.
The Investigation and Litigation
Matt and his team thoroughly investigated the accidents and the client’s injuries. He found that the client had a clean medical history, with no previously reported left shoulder pain and his only instance of back pain was attributed to a kidney stone. Experience told Matt that combining the three wrecks in a single lawsuit would give the client the best chance to secure the justice and compensation he deserved.
The insurance company’s lawyer objected and asked the judge to split the case into three separate trials. Fortunately, the judge disagreed and allowed the case to remain a single lawsuit for the time being.
With doctors for the defense claiming that our client’s injuries were due to his labor-intensive job and that none of the three accidents were serious enough to cause lasting damage—despite the force from the first crash bending the steering wheel—Matt knew that having strong medical evidence was key to ensuring the best possible outcome. He carefully combed through the case discovery, confirming that a decade-old complaint of shoulder pain was to the right shoulder, not the left and that the client consistently complained of neck, back, and left shoulder issues since the accidents.
Matt ultimately deposed six medical professionals and treating physicians: two family doctors, two shoulder doctors, a pain management doctor, and a spine specialist, who all testified that the client’s lasting injuries were the combined result of the three crashes.
The defense counted on the doctors being unable to prove which of the three crashes caused our client’s injuries, but Matt had a secret weapon: a jury instruction that said that doctors could attribute injuries to a combination of factors in complex cases.
Meanwhile, our client underwent a total shoulder replacement surgery.
The insurance company defense attorney again asked the judge to separate the cases. They also filed a motion to force us into mediation because we refused to negotiate and were ready for trial. When we presented our information to the judge, he again allowed the case to remain a single lawsuit and sent the parties to mediation.
The Resolution
Immediately after the client hired us, we filed a claim against the driver in the second accident, recovering the $25,000 policy limit.
We also successfully mediated the underinsured and uninsured motorist claims against the client’s insurance company, settling for $472,000.
The Law Offices of Matthew A. Lathrop is proud of the work done for this client. “Our client was very pleased,” Matt said. “It was a good result for him.”
Hurt in a Nebraska or Iowa Accident? Find Out How Our Omaha Injury Lawyer Can Help
When an accident leads to injury, understanding your legal rights and options is essential to securing justice. Don’t go it alone. Let the Law Offices of Matthew A. Lathrop help you navigate the litigation process and fight for the compensation you deserve.
Complete the contact form or call 402-281-9668 to schedule a free, no-obligation consultation to discuss your case and how Matt could assist you.
