Victims of car accidents while on the job often find themselves in a daunting situation, and unsure of where to seek help. Fortunately, they have the unique opportunity to file both a workers’ compensation claim and a third-party personal injury lawsuit. In this case study, we’ll dive into a situation that exemplifies this legal strategy.
T-Boned at Bluff Road and Idlewild Boulevard in Columbia, S.C.
In March 2020, a 40-year-old tire technician’s life changed forever. While driving a tire truck, he was T-boned by another vehicle that failed to yield at the intersection of Bluff Road and Idlewild Boulevard. As a dedicated father and husband, he had always prioritized providing for his family, but in an instant, he lost that ability.
The at-fault driver, an elderly man in a commercial vehicle, had failed to yield while crossing two lanes of traffic. This resulted in a direct and destructive impact on the victim’s driver’s side. Despite the defendant admitting the collision was his fault, the case had many more obstacles to come.
Feeling lost and fearful about his future, the victim reached out to Joye Law Firm the day after the crash. Attorney Sydney Lynn of our Columbia office took on both his workers’ comp and personal injury cases and immediately got to work.
Medical Treatment and Personal Sacrifices
The aftermath of the accident was physically and emotionally devastating. Initially, our client experienced intense pain, particularly in his lower back. Over three years, he endured a grueling series of medical treatments, including multiple conservative treatments that yielded little to no relief. These were followed by two surgeries including a lumbar fusion, which provided some alleviation of severe pain and radiculopathy, but left him with persistent axial back pain.
Despite these extensive medical interventions, our client found himself still seeking pain management injections to cope with daily life. The ongoing struggle with pain transformed his once active lifestyle into a cycle of appointments, treatments, and a relentless pursuit of relief from pain.
He also faced the reality of losing his job due to his inability to continue his previous labor-intensive career. The loss of his job forced the family of three to move in with our client’s wife’s parents. This not only strained their finances but also tested the emotional bonds within the family.
Workers’ Comp Claim Denied and Legal Strategy Pivots
Attorney Lynn started by filing a workers’ compensation claim on his behalf. Unfortunately, it was denied. Faced with the choice to either appeal the claim or pursue a third-party claim independently, she carefully considered the situation.
In South Carolina Workers’ Compensation claims, injured workers must be treated by doctors selected by their employer’s insurance company, which can limit their treatment options. Given these limitations and the opportunity to pursue compensation through a commercial policy with sufficient coverage for the client’s medical expenses, lost wages, and pain and suffering, Attorney Lynn opted to settle the workers’ comp claim on a doubtful and disputed basis. This means the case was settled without the insurance company admitting liability for the injury. While this approach may seem risky since it closes the door to further pursuit of the claim, Attorney Lynn’s strategic decision to resolve the workers’ compensation claim gave her client more control over his medical treatment.
“With more significant injuries, the workers’ compensation system often tries to minimize costs,” Attorney Lynn explained. “We wanted to ensure our client received the best possible treatment without corners being cut.” By shutting down the workers’ compensation claim, the legal team could focus on a comprehensive liability claim against the at-fault driver’s commercial policy.
Validity of Car Accident Injuries Questioned
With the resolution of the workers’ comp claim, Attorney Sydney Lynn swiftly moved the personal injury case into litigation. The path to justice was fraught with obstacles. The defense questioned the legitimacy of the client’s injuries and the necessity of his medical treatment at every step. They argued that since the truck our client was driving was much larger than the at-fault driver, his injuries could not have been that severe.
However, Attorney Lynn remained steadfast, leveraging evidence, medical records, and expert testimony to counter the defense’s claims. “The injuries were significant and life-changing,” she argued, “and the physical and emotional toll they took on my client cannot be understated.”
Third-Party Car Accident Claim Resolved
After a lengthy and challenging litigation process, the case reached a settlement through mediation, resulting in a substantial $800,000 personal injury settlement. This outcome not only addressed the immediate financial burdens the family faced but also allowed them to regain control over their lives.
Through this ordeal, the client and his family showcased remarkable resilience and determination. They emerged from this harrowing experience with renewed hope, looking forward to the possibility of purchasing a home and rebuilding their lives. The settlement provided the financial stability they desperately needed, alleviating some of the stress that loomed over them since the accident.
This case illustrates the profound impact skilled legal representation can have on personal injury claims, especially when navigating the complexities of workers’ compensation and third-party liability. Joye Law Firm is committed to advocating for those whose lives have been irrevocably altered by negligence. If you or someone dear to you has suffered injuries in a workplace accident or due to someone else’s negligence, Joye Law Firm is here to help.
Our experienced attorneys understand the complexities of workers’ compensation and third-party personal injury claims, and we are dedicated to ensuring that you receive the maximum compensation available. Don’t navigate this difficult journey alone – contact Joye Law Firm for a free consultation to explore your legal options and get the support you deserve.
Disclaimer: Past results do not guarantee future outcomes.
