Rear-End Collision Case — $52,325.00 Settlement in Bloomingdale
Key Takeaways
- Our client incurred $19,826.90 in medical expenses following the collision.
- Our firm filed a lawsuit and completed written discovery, our client’s deposition, and an expert deposition.
- The case settled for $52,325.00, an increase of $25,004.52, or approximately 91.5%, over the initial offer.
What Happened
Our client was driving northbound on Bloomingdale Road in Bloomingdale, Illinois. Approximately 100 feet before the intersection with North Park Avenue, traffic congestion required her to slow down.
The driver traveling behind her failed to notice that traffic had slowed and struck the rear of her vehicle. The other driver acknowledged that he did not see the slowing traffic before the collision.
The Injury
Our client injured her neck, left arm, and both hands. Although she declined ambulance transportation from the scene, she received hospital evaluation and diagnostic testing following the collision.
She then attended approximately three months of physical therapy and received pain-relieving injections over nearly eight months. When the other treatment did not provide sufficient relief, she underwent surgery approximately nine months after the collision. Her documented medical expenses totaled $19,826.90.
The Insurance Company's First Offer
After reviewing the settlement demand, State Farm offered $27,320.48 to resolve the claim.
Why That Offer Was Too Low
The $27,320.48 offer did not fairly account for the hospital care, physical therapy, extensive injection treatment, surgery, or the pain and disruption our client experienced.
State Farm also disputed whether the injection treatment should be included in its evaluation. We maintained that the injections were part of the treatment our client required after the collision and that the claim warranted substantially more than the initial offer.
What We Did
Our firm obtained and reviewed the police report, medical records, and medical bills. We investigated the collision, evaluated the treatment history, and continued negotiations with State Farm.
When State Farm would not make a fair offer, we filed a lawsuit in the Circuit Court of DuPage County. We answered written discovery, prepared and defended our client for her deposition, retained an expert, and participated in the expert deposition. As the litigation progressed, we continued pressing State Farm to account for the full course of treatment, including the injections and surgery.
These efforts increased the recovery from $27,320.48 to $52,325.00. We also addressed the outstanding medical bills and lien issues as part of resolving the case.
Timeline
- Accident occurred January 15, 2021
- Claim opened Mid-January 2021
- Key treatment began January 20, 2021
- Surgery occurred October 15, 2021
- Treatment completed / maximum medical improvement reached October 15, 2021
- Demand sent October 26, 2022
- Lawsuit filed January 4, 2023
- Client’s deposition taken August 17, 2023
- Expert deposition taken October 19, 2023
- Settlement agreement reached February 14, 2024
Total duration: 37 months
Why This Case Matters
Rather than recommend that our client accept an offer representing less than the full value of the claim, we filed a lawsuit. Written discovery, our client’s deposition, expert involvement, and continued negotiations gave us additional opportunities to present the treatment evidence and challenge State Farm’s evaluation.
The litigation ultimately increased the recovery by $25,004.52 and produced a $52,325.00 settlement.
The Final Result
$52,325.00
The case settled for $52,325.00, which was $25,004.52 more than State Farm’s initial offer. This represented an increase of approximately 91.5%.
The result was obtained after our firm filed suit, completed written discovery, defended our client’s deposition, retained an expert, and participated in the expert deposition. The settlement resolved the case without a trial while accounting more fairly for our client’s treatment, surgery, pain, and loss of normal life.
Frequently Asked Questions
An insurance company may reevaluate a claim when additional medical evidence is presented, disputed treatment is explained, depositions are completed, or the case moves closer to trial. Filing a lawsuit does not guarantee that an offer will increase, but litigation allows the injured person’s attorney to obtain evidence through discovery and demonstrate a willingness to continue pursuing the claim. In this case, State Farm increased its offer from $27,320.48 to $52,325.00 after the case entered litigation and the parties completed significant discovery.
An expert witness can help explain whether an accident caused an injury, why particular treatment was medically necessary, whether future treatment may be required, and how an injury affects the person’s life. Expert testimony can be especially important when an insurance company disputes whether certain treatment was related to the collision. In this case, expert involvement helped us address State Farm’s evaluation of our client’s treatment during the litigation.
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