We tried a case last year for a man who was rear-ended on the freeway.
Our client went to urgent care after the wreck and was diagnosed with a neck strain.
Our client had an extensive history of neck and back injuries. He fractured his neck in 1976 and underwent a cervical spine fusion. He had been receiving intermittent treatment for his neck and back injuries over the past 40 years. He treated with a chiropractor just two months before the wreck.
The insurance carrier took the position that our client’s continuing neck and back pain was caused by his cervical spine fusion and not by the wreck. It offered our client $5,000.
At trial we had our client, his wife and his co-worker testify. They explained that even though our client experienced pain before the wreck he remained pretty functional. He was able to do physically demanding work, hike, fish and golf. He wasn’t able to do any of these things after the wreck.
We argued to the jury that our client is entitled to recover because the wreck aggravated his preexisting symptoms. The jury agreed and returned a verdict of $75,000 for our client.