Even Soft Tissue Injuries Deserve Just Compensation.
Posted By The Dunnion Law Firm
At almost noon on a Friday in November, our 70 year old client was driving her 2007 Red Toyota Prius Eastbound on First Street near Miller Avenue in Gilroy, California. As she stopped for traffic, the defendant following behind her too closely and in violation of California Vehicle Code §21703 in a 2010 Chrysler 300, was unable to stop and struck the rear of our client’s Prius. The impact caused almost $10,000.00 in damage to the Prius and our client was taken by ambulance to the emergency room. Relying on the fact that the hospital discharged our client from the emergency room with “soft tissue” neck and back injuries, defendant’s insurance company refused to offer her more than $800.00 to settle her claim. Because our client’s back pain continued for over a year after the collision, the Dunnion Law Firm filed suit and aggressively litigated the case to include treatment for our client’s pain relieving back injections. The Dunnion Law Firm provided evidence of our client’s continued pain and argued that our client’s elderly status and frailty made her an “eggshell plaintiff.” Through such strategic prosecution of her case, The Dunnion Law Firm was able to obtain a policy limits settlement in this matter for our injured and deserving client.