- Dan T. Matrafajlo
- Tue Feb 2021
The 55 year old plaintiff/motorist was rear-ended. Plaintiff denied medical treatment at the scene of the collision but was driven to the hospital hours later. At the hospital the plaintiff complained of head, neck, back, left and right knee pain. X-Rays were taken that were negative for fractures. The plaintiff/motorist was discharged from the hospital and told to follow up with a doctor if the pain does not go away. Days later the plaintiff saw a chiropractor who prescribed a MRI scan of her neck, back, and left knee. The MRI results showed a herniated disc in the neck and a meniscus tear in the left knee. The plaintiff required arthroscopic surgery to repair the left knee meniscus tear and a recommendation to have neck surgery. The plaintiff did not have the neck surgery. The insurance carrier insuring the box truck refused to accept responsibility. They argued that the accident was nothing more than a fender bender because the box truck hit her traveling 5mph and there was little damage to the plaintiff’s car. The insurance company also denied that the plaintiff’s back and knee injury were the result of the crash and blamed it on pre-existing conditions. Threatened with a lawsuit, the insurance company offered 50k. The plaintiff rejected the 50k settlement offer and we filed a lawsuit. After a long hard fight and refusing to back down, we settled the plaintiff’s case for $800,000.00. At Beninato & Matrafajlo we never accept the status quo, and fight to secure the right recovery for your clients.