Claim for Neck Injuries in Rear-End Accident Resolved after Hearing
A woman´s claim for neck injuries in a rear-end accident has been resolved for $3.1 million after a trial at the Superior Court of California in Pasadena.
Teresa Gamage brought her claim for neck injuries in a rear-end accident after being hurt in a low-impact collision in May 2011. The car in which she was a front seat passenger had stopped at a red light on Spalding Drive near Olympic Boulevard in Los Angeles when it was hit from behind by a vehicle driven by Estelle Roitblat.
Teresa felt a pain in her neck immediately and sought medical attention the same day. An MRI scan revealed a ruptured disc at C5-6 which was pressing against her spinal cord and causing her considerable pain. Teresa attempted to manage the pain with epidural injections and physical therapy, but in November 2011 had to undergo fusion surgery.
After seeking legal advice, Teresa made a claim for neck injuries in the rear-end accident – a claim which Roitblat contested on the grounds that the impact between the two cars was insufficient to cause such a serious injury. Roitblat´s insurance carriers also argued that the amount that was being claimed was excessive.
In order to make the claim for neck injuries in a rear-end accident “go away”, Roitblat´s insurers offered Teresa $87,000 – a fraction of the expenses she had paid for her medical treatment, and the offer was rejected. The case proceeded to the Superior Court of California in Pasadena before Judge Jan Pluim, where it was presented to a jury.
During the trial, Roitblat´s attorneys argued that there was no justification for Teresa´s claim or the amount of compensation she was demanding; however, after four hours of deliberations, the jury returned a verdict in favor of Teresa and awarded her $3.1 million compensation in resolution of her claim for neck injuries from a rear-end accident.