Benson & Bingham Settles Motor Vehicle Accident Claim for Commercial Policy Limits

Source: Internal Release

We are please to announce a (7) Seven Figure Settlement on behalf of a most deserving client. This personal injury action arose from a motor vehicle accident occurring in September of 2013. Plaintiff, who was seat belted, was traveling southbound on Jones Blvd. when he reduced his speed for traffic immediately ahead that was also slowing down. Prior to completing his stop, Plaintiff was rear-ended by Defendant Driver, who was driving Defendant Companies vehicle. Review of the State of Nevada Traffic Accident Report, indicates that Defendant Driver “looked down quickly at his work manifest to see where to go and when he looked up he realized that the vehicles in front were stopping”. Plaintiff did not hear a screech from Defendant Drivers tires or have any warning. No airbags deployed in Plaintiff’s car, and there was no secondary collision.

During the collision, Plaintiff believes he blacked out. Immediately after the collision, he was nervous and in ‘shock.’ The police and ambulance were called, and when the police arrived, a report was made. Thereafter, Plaintiff drove his car away from the scene and returned home. That evening he could not sleep and reported feeling anxious. Upon awakening the following day, he was experiencing a posterior headache, and stayed home from work that day, took prescription pain medication and rested.

Within a few days of the accident, he sought care with a chiropractor who prescribed a course of treatment. Said treatment included electric stimulation, ice/heat, massage, and traction therapy. The chiropractor also referred him out for MRI’s of the cervical and lumbar regions of his back. Plaintiff treated conservatively for approximately two months, and felt that the therapy made his pain worse and noted that the electric stimulation would make him nauseated. He was not receiving forceful adjustments, yet he was still symptomatic with neck pain, headaches, and lower back pain. At that time, he sought care with a pain management doctor who performed an examination. Plaintiff thereafter underwent both cervical and lumbar injections. Unfortunately, the injections were not helpful for more than a day or two at reducing his pain.

With the progression and chronic pain, Plaintiff found it necessary to consult with an Orthopedic Spine Surgeon. After his examination, Plaintiff required anterior cervical surgical treatment. It took months of post-operative rehabilitation, but Plaintiff benefited in the cervical area and his headaches subsided. Upon Plaintiff recovering from his cervical surgery he underwent a low back fusion surgery for lower back and right leg pain. As a result of Plaintiff’s compounding medical bills and physical pain and suffering, a litigation plan was crafted by Mr. Bingham. This case provided itself with the perfect opportunity for Benson & Bingham to file an Offer of Judgement in the amount of Defendants commercial policy limits. Within ten days of submitting the Offer of Judgement, Mr. Bingham was able to force Defendants in to a position of maximum settlement. We were able to avoid protracted litigation and resolve Plaintiff’s claim for full value. It is difficult to beat the satisfaction of a personal injury client who demonstrates the highest appreciation.

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