A Merced woman was on her way to have lunch with her husband. A negligent
driver, going to fast, in the wrong lane, drove his vehicle direction
into the driver’s door of the Merced woman, causing the woman’s
head and shoulder to slam into the driver’s door. The woman did
not feel she had life threatening injuries so she decline having an ambulance
come to the scene. The police would not come out so the woman tried to
just go on with her day.
The pain she felt got worse throughout the day and she left work that afternoon
because of her increased symptoms. She called her doctor and made an appointment.
This all appears to be perfectly normal, a normal response to the situation.
The insurance company, however, told the woman that because she did not
go to the hospital by ambulance, they did not think she was hurt. They
also refused to admit their insured caused the accident. This was just
the beginning of the attack by the insurance company to make every effort
to avoid paying the woman what she was owed. The woman turned to The Dunnion Law Firm.
The woman had an injury to her neck as well as an injury to her shoulder
that required surgery. She did not improve after the surgery so she sought
a second opinion and a second surgery was performed on the shoulder. The
doctor’s could not determine exactly why the shoulder was not improving,
and the insurance company tried to use that to claim the shoulder injury
was not a result of the accident.
The woman did not understand all the medical terminology the doctor’s
were using, or why they could not say why her symptoms were progressing
as they were. She just knew that she was in pain and that she could no
longer do the things she loved. The Merced woman had a typical busy family,
kids, grandkids, siblings, everyone coming and going with their lives
in a hectic dance of just keeping up with everyone. The woman and her
husband would seek weekend retreats multiple times a month, they would
go camping, fishing, hiking, and they would spend those hours alone together.
They cherished their time alone.
The woman could not do those things anymore. The unstable ground and hiking
felt hazardous and she could not carry the supplies they would take with
them. For more than three years, they lost that time together. The insurance
company was indiferent and never offered to pay a single penny until The
Dunnion Law Firm held their feet to the fire, threatened the negligent
driver with having to pay money in addition to the insurance policy, and
at the court ordered mediation they finally made an effort to negotiate
a settlement, which turned out to be $430,000.00.