Erin Achenbach//November 12, 2024//
A Missouri woman injured in a car accident reached a $195,000 settlement.
Both the plaintiff and the defendant were not identified in the suit, which was settled Oct. 16.
The lawsuit, filed in Jackson County Circuit Court, alleged that on the morning of Sept. 17, 2023, the plaintiff was driving westbound on the roadway when the defendant, traveling eastbound, made a sudden U-turn, colliding with the plaintiff’s vehicle.
According to the suit, the force of the impact was so severe that the plaintiff’s shoulder struck the car’s interior even with her seat belt on. Despite the plaintiff knowing she was hurt she declined an ambulance since she did not have life-threatening injuries. She felt pain in her head, neck, back and left shoulder, and hoped that it would resolve itself with rest and over-the-counter pain medication. However, when she woke up the following morning, the pain was worse.
The suit stated that while waiting to see her primary care physician, the plaintiff saw a chiropractor, complaining of pain in her low back, neck/upper back, left should, right shoulder and headaches. On Oct. 2, 2023, the plaintiff saw her primary care doctor, who referred her to an orthopedic doctor.
The plaintiff underwent an evaluation and MRI at the orthopedic doctor on Oct. 11, which showed partial tearing of the shoulder muscles with biceps tendon subluxation. The plaintiff was prescribed physical therapy, which she began Nov. 27.
The plaintiff returned to the doctor for a follow-up on Dec. 21, reporting severe pain, sleep disruptions and limitations in her daily activities. She had been managing the injury with activity modification, medication and physical therapy.
The plaintiff underwent minimally invasive surgery on Jan. 26 to repair her left shoulder rotator cuff, damaged bicep tendon and pinched tissue. She was placed in a sling following the surgery and discharged with instructions to follow up with physical therapy. The plaintiff attended 29 post-surgery physical therapy sessions.
A settlement was reached Oct. 16.
The plaintiff’s lead attorney, Laurie Del Percio at The Horn Law Firm, said that the plaintiff was satisfied with the outcome of the settlement, considering the circumstances, but that the plaintiff had experienced a “significant” loss in her quality of life.
“At a young age, she’s had ongoing problems with household chores, personal grooming” due to the injury, Del Percio said. “The things people take for granted.”
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Amount of verdict, judgment or settlement: $195,000
Breakdown and distribution of total value: $100,000 policy limit (tortfeasor), $90,000 underinsured motorist, $5,000 medical payments coverage
- Type of action: Insurance
- Venue: Jackson County Circuit Court
- Case Number/Date: 10/16/2024
- Plaintiffs’ Experts: None
- Defendants’ Experts: None
- Injuries: Shoulder, arm, elbow, wrist and hand
- Special Damages: $121,977.54 past medical (billed), $85,064.31 past medical (written-off)
- Caption: Confidential V. Confidential
- Plaintiff’s Attorneys: Laurie Del Percio of The Horn Law Firm
- Defendant’s Attorneys: None
This article credit to MOLawyersMedia