Chicago Car Accident Lawyers Blog
Chicago Auto Accident Attorneys from Abels & Annes have reached a policy limits settlement for an Illinois resident. The case arises out of an automobile accident which occurred on February 7, 2008 at about 10:00 a.m. The plaintiff was westbound on Armitage, just west of Keeler, in the City of Chicago. Our client stopped for traffic in front of him. As he was at a stopped,another driver rear-ended his car with great force. The impact was so substantial that it pushed his stopped vehicle into the vehicle stopped in front of him.
Our client was seen at West Suburban Hospital Emergency Department on February 9, 2008. He was complaining of shoulder and neck pain following having been rear-ended in this automobile collision. His pain had been increasing over the two days since the collision. A history was taken and an exam was performed. Muscular spasms were found. He was instructed to not work and was prescribed pain medication and instructed to seek follow-up care.
On February 12, 2008 the plaintiff sought follow up care with a chiropractic physician in Chicago. He was suffering from headaches and neck pain that radiated to his left shoulder/arm and low back pain. He had suffered injuries when he was rear-ended, and his symptoms had progressively worsened over time. Diagnostic tests were ordered and a course of therapy was prescribed. He was instructed to stay off work. The doctor ended up keeping him off work through February 24, 2008, during which time period our was “totally incapacitated”.
Despite the course of therapy the plaintiff did not improve. As a result, he was sent to a board certified neurologist for a consultation. The doctor’s assessment was positive for a possible upper extremity peripheral neuropathy. Based upon this Dr. Osman ordered an EMG which was positive for a left C5/C6 cervical radiculopathy.
Despite an additional course of therapy, our client had no improvement in his condition. A cervical MRI was performed on April 3, 2008. The MRI diagnosed C5-C6 and C6-C7 cervical disc herniations that indented the thecal sac.
Based upon his medical condition he was referred to board certified anesthesiologist for consultation and care. He first saw the doctor on April 7, 2008. Based upon his cervical radiculopathy, the doctor prescribed a course of cervical epidural steroid injections. He underwent epidural injections on April 10, 2008, June 19, 2008 and July 17, 2008.
On September 8, 2008 the doctor determined that Mr. Rios had reached maximum medical improvement from this significant injury. At the time of discharge one doctor noted that our clilent will likely experience exacerbations in the future, is more susceptible to future injury and will likely require additional care and treatment in the future as a result of the injuries he suffered in this collision.
Throughout the course of the plaintiff’s treatment, and up through the present time, his pain and discomfort have been exacerbated by sitting, standing, walking, bending, turning his head and using his left arm. His injuries have significantly inhibited his activities of daily living ever since the collision. Furthermore, his pain and muscle spasms interrupted his sleep on a nightly basis for months and continue to interrupt his sleep on a regular basis.
Despite the treatment he has undergone, our client continues to suffer from pain and discomfort in his neck, left shoulder/arm and lower back. This pain has greatly affected Mr. Rios’ life. As a result of his injuries he is unable to engage in many activities he enjoyed prior to the collision, and those activities he can engage in cause him pain and he cannot participate as fully as he did prior to the collision.
His pain is aggravated by prolonged sitting, standing and walking as well as turning his head and use of his left arm. Any activities that involve turning, twisting, or bending at the neck are difficult and painful. Furthermore simple activities such as household chores, shopping and a wide variety of activities of daily living are limited and painful.
As a result of his injuries our client was unable to work from February 10, 2008 through February 23, 2008. At the time He was employed by Advanced Auto Parts where he earned $12.50 per hour. He missed a total of eighty (80) hours of work for a lost wage claim totaling one thousand dollars.
Our client’s medical bills and lost wages were already paid by workers’ compensation insurance. He also previously received a work comp bodily injury settlement that was obtained for him by our law firm. The current settlement is for an additional $20,000, the defendant’s insurance policy limits. Our client had no auto insurance of his own, so we are unable to make an under-insured motorist claim for him. Founders Insurance is paying on the claim.