Driving home, our client was hit from the rear by another driver who was not paying attention. At first, our client experienced generalized soreness in his neck. As time progressed, the pain started to travel down his arm and he began experiencing a pins and needles tingling sensation in his hands. He felt this to a greater extent when he tried to exercise.
Hoping the pain and tingling would go away, our client tried to avoid seeing the doctor. He waited one month before seeking medical care. Once he did, his doctor ordered an MRI which revealed a herniated disc. Ultimately, he underwent neck surgery in the form of a foraminotomy.
The defense argued that our client’s injury was preexisting. We obtained a prior MRI for our client and retained a radiologist to compare the MRI films both pre-accident and post-accident. He concluded that the herniation was not found on the old MRI film and therefore was a new herniation caused by the collision.
All of our client’s treating physicians were deposed. The case went to mediation, and settled for $600,000.