This is not my case. A jury awarded $1.9 Million dollars to a 40-year-old claimant who was hurt in a car crash in Orange County, Florida. This isn’t my case.
The claimant had no pre-existing neck issues.
Claimant Was Injured in a 2 Car Collision
This was a two car collision in Florida with $1,500 in property damage to negligent driver’s car and approximately $5,000 in damage to claimant’s car.
GEICO Insured the Careless Driver
The negligent driver and/or owner of the car was insured with bodily injury liability coverage of $300,000 per person with Geico.
Injured Person Waits 1 Week After Crash to Get Medical Care
The injured person waited about one (1) week to get medical treatment.
Has Neck Surgery and Epidural Injections
The claimant later had:
- lumbar (lower back) and neck (cervical) epidural injections
- a cervical discogram
- a cervical discectomy and a three (3) level disc replacement.
Claimant Has No Limitations or Restrictions
Claimant made a good recovery, with current complaints of minor to moderate daily pain. The claimant currently has no functional limitations or restrictions, and has a daily pain level of 2 to 3 out of 10.
Breakdown of Jury Verdict
Claimant was awarded:
- $369,000 in past medical bills
- $15,000 in lost wages
- $176,000 in past pain and suffering
- $1.34 Million dollars for future pain and suffering
GEICO Offered $200,000; Claimant Asked for $300,000
Geico made a $200,000 proposal for settlement. The injured person made a proposal for settlement for $300,000, which Geico rejected.
This Is a Great Result
The insurance company for the negligent driver argued, or could have argued, that the claimant’s injuries were unrelated to the car crash because they waited seven (7) days before the first medical visit.
You May Still Get a Settlement If You Wait to Get Medical Treatment
I settled a herniated disc case for $95,000. My client also waited days to treat after the crash. GEICO insured the at fault driver.
I have handled many herniated disc cases where my client waited several days to go to their first medical appointment following an accident in Florida.
Insurer May Argue Herniated Disc is Due To Claimant’s Age
The insurer may have argued that a herniated disc on a forty (40) year old is a common finding.
May Still Get a Fair Settlement if Claimant is Older
On the flip side, I have settled herniated disc cases for $210,000, $100,000, $100,000, $95,000 where my client was approximately forty (40) years old or older. I have settled many other cases where my client waited days to get medical treatment.
GEICO Can Undervalue a Case
This case shows you that companies like Geico, who have funny commercials, can misevaluate the value of a case and/or refuse to offer the fair value. Car insurance companies, like Geico, sometimes get it wrong.
The is a March 2014 verdict.
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