Smaller Settlement Is Benefit to Client

The client had a straightforward accident which resulted in back pain that was not so straightforward. An MRI showed a herniated disc, but her doctors did not believe the pain was anatomically related to that abnormality; rather, it seemed to be coming from sacroiliac dysfunction that could not be cured by surgery. The doctors told her she would need a series of very expensive injections to control the symptoms. Fortunately, she has health insurance that covers the cost of this treatment. The problem then became that the health insurance contract requires her to pay back treatment costs incurred as a result of the accident. The Dunnion attorney felt that to allow the treatment plan to play itself out would not benefit the client; any increase in case value would cause a corresponding increase in the amount due back to the health insurer. Normally, car insurance adjusters do not agree to pay for treatment that has not yet occurred, but in this case a compromise was reached. In return for not demanding the full limits of the defendant’s policy, the defendant agreed to consider the pending treatment and doubled its offer. Both sides benefitted. Dunnion’s client can now schedule her treatment without having to pay her health carrier back.