Rear-End Collision Case — $25,000 Settlement After Initial Offer of $16,000 in Plainfield, Illinois
Key Takeaways
- State Farm's initial offer focused too heavily on the difference between the emergency room diagnosis and the treatment that followed.
- Because it would not alter its stance, our firm filed a lawsuit on behalf of our client and was then able to obtain a fair settlement offer.
- Filing the lawsuit increased the offer by $9,000.00 without dragging the client through prolonged litigation.
What Happened
On a Friday afternoon in January, our client was traveling northbound on Route 59 in Plainfield, Illinois and came to a complete stop within a designated left-turn lane at the intersection of Pasquinelli Drive and Andrew Road. While stopped, the defendant driver failed to keep a proper lookout, drove forward, and struck our client’s vehicle from behind. The defendant later admitted to the police that he was looking down immediately before impact.
The Injury
The collision caused a neck strain, low back pain, and left shoulder pain. Our client went to the emergency room and then completed approximately three months of chiropractic treatment.
The Insurance Company's First Offer
State Farm’s initial offer was $16,000.00.
Why That Offer Was Too Low
By failing to meet the cost of the gross medical expenses, the carrier’s initial offer ignored our client’s pain, inconvenience, and non-economic damages. It also failed to give proper weight to the clear liability facts.
What We Did
While in most situations, after a lawsuit is filed we have to engage in protracted litigation, answer discovery, and take and defend depositions, this case followed a different path. We were able to file the lawsuit, obtain service, and then get the file in front of a defense attorney. From there, we emphasized that this was a clear liability case, that the damages were supported, and that the pre-suit offer did not fairly value the claim. We were able to reach a fair and amicable settlement while avoiding unnecessary litigation and expense.
Timeline
- January 7, 2022 Accident occurred
- January 8, 2022 Key treatment began
- April 21, 2022 Treatment completed / maximum medical improvement
- November 11, 2022 Firm was hired
- December 21, 2022 Demand sent
- December 28, 2022 Initial offer received
- October 3, 2023 Suit filed
- January 12, 2024 Settlement agreement reached
Total duration: 24 months
Why This Case Matters
This case matters because it shows why a low pre-suit offer should not always end the conversation. Litigation should not have been necessary, but the adjuster focused too heavily on the difference between the emergency room diagnosis and the treatment that followed.
Different and evolving diagnoses are common in personal injury cases, especially when the first medical visit is to an emergency room. Emergency rooms are often focused on triage and ruling out emergencies. They are not always the final word on what symptoms may develop or what treatment may be needed after a crash.
Here, the initial offer did not even cover the client’s gross medical expenses. By filing suit, we moved the case out of the adjuster’s hands, got the file in front of defense counsel, and obtained a better result for our client without the need for depositions or prolonged litigation.
The Final Result
$25,000.00
The case resolved before depositions were needed. Filing the lawsuit benefited our client’s financial position by increasing the offer by $9,000.00. Just as importantly, we were able to get the case in front of defense counsel early, explain why the pre-suit valuation was too low, and resolve the litigation without forcing our client through a long court process.
Frequently Asked Questions
On average, a lawsuit can take 2-3 years if it has to go all the way to trial. But a case can settle at any point. This case settled after suit was filed, but before depositions were needed. That is one reason filing a lawsuit can sometimes help. It moves the case forward and gets the claim in front of the people who may be able to resolve it.
It is rare for an insurance carrier to outright say someone was not hurt at all. More often, the carrier argues that some of the treatment was not related to the crash or that the treatment went beyond what was necessary. That was the issue here. When that happens, filing a lawsuit can help push the case outside of the adjuster’s control. If the treatment is related and the medical providers can support it, there may be a good reason to be aggressive.
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