Navigating the legal aftermath of a car accident, especially one resulting in injuries, can be a bewildering and life-changing nightmare. For a young woman living in the Charleston area, that nightmare became a reality when she was rear-ended by a dump truck. This victim’s case shines a light on the innovative techniques our attorneys employ to get our clients the compensation they are due. Attorney Brent Arant, with assistance from Case Manager, Beth Stevenson, utilized every available resource to build a case that forced the defense attorneys to reckon with the truth and pay out a fair settlement. To preserve the victim’s identity and comply with confidentiality agreements, we will refer to her in this case study as “our client.”
Dump Truck Rear-Ends Sedan in Charleston
On the day of the crash, our client, a 29-year-old woman, was the front-seat passenger in a vehicle being driven by her then-husband. They were on their way to work on a 2-lane road that they had taken hundreds of times. They slowed down as they approached the entrance to their business, yielding to the vehicles in front of them before attempting their left turn. As they were waiting, a dump truck slammed into the rear passenger side of their bumper.
Disc Protrusion After Car Accident Leads to Multiple Surgeries
Our client immediately knew she had suffered a severe injury to her neck and was transported to a local Emergency Room. She was sent home to rest to determine if her pain would subside. After six weeks, she received a cervical MRI from a local orthopedic doctor. The MRI findings revealed nerve impingement at multiple levels in her spine, due to the wreck. She was immediately referred for a surgical consultation, wherein she was deemed a candidate for a C5-6 Anterior Cervical Discectomy and Fusion (ACDF).
In July of 2020, she had the ACDF surgery. Unfortunately, the surgery was only temporarily successful. As time passed, she began developing similar complaints and reoccurring pain. Almost two years later, she was evaluated by a specialist who determined that she needed another surgery at the adjacent C4-5 level She underwent the second surgery in October 2022.
Despite the surgeries, her future will most likely include injections, imaging, and lastly, revision surgery or surgery at another level.
Our client’s treatment came at a steep price. At the time Atty. Arant sent the insurance company an official demand letter, our client’s medical bills were several hundreds of thousands of dollars. Additionally, a life care planner determined her future medical costs would be in excess of $750,000.00.
Mental Anguish Eclipses Physical Injuries
Aside from the physical pain, our client’s life had been flipped upside down because of this crash. Before the wreck, she was able to work and care for her young child, had no pre-existing issues to her neck, and was able to fulfill her American dream.
The wreck caused her to lose her ability to do her physically demanding job. It also led to financial strain and stress on her marriage. Due to her inability to work, our client said her husband became very agitated, this chasm eventually led to the dissolution of their marriage. Without a local support system, she was forced to pick up and move with her child across the country to live with her younger sister. Our client’s mental anguish was severe, she was diagnosed with PTSD (Post Traumatic Stress Disorder) and MDD (Major Depressive Disorder) which she sought counseling to address.
Legal Negotiations Begin
After our client retained Joye Law Firm, the insurance company offered a measly amount in compensation. Atty. Arant knew that our client’s physical injuries as well as mental anguish were worth way more than that. He also knew it would be difficult to capture the full gravity of his client’s situation in a single demand letter, so he employed multiple professionals, including a film crew to support the case. Atty. Arant and his videographer flew to our client’s new home on the West Coast, and filmed an interview with her and her sister. In the interview, our client talked about the impact, not just physically, but emotionally, that this wreck had on her and her family. “I wanted to capture my client’s story on video because I can only do so much in a letter. I was worried she wouldn’t feel comfortable enough to open up during a deposition with an insurance defense attorney. The gravity that this wreck had on her life was only going to come from a raw conversation with someone she trusted.”
Justice Served in Form of $1.7 Million Settlement
After nearly five years of legal battles, the insurance company agreed to settle the case for $1.7 Million. Reflecting on the case, Atty. Arant said, “I’m very proud of this case, not only for the significant result I achieved for my client, but for the way I presented it. Most attorneys won’t take the time and resources to shoot a video about someone who had a neck injury, those are normally reserved for deaths or paralyzing injuries. But after getting to know my client, I realized that her story deserved to be told.”
This case stands as a testament to the dedication of Joye Law Firm in ensuring justice for their clients, not only through legal expertise but also through innovative and impactful case presentation.
Disclaimer: Past results do not guarantee future outcomes.