Rear-End Collision in Palm Beach County, Florida Dramatically Alters Lifestyle of Couple
In rear-end collisions, injuries to the occupants of the vehicles are usually much worse for the impacted car, because occupants of the following vehicle can see the imminent impact and brace against it. Generally, impacting into another car is the equivalent of impacting a wall at half of the speed. This means that rear-ending a stopped car while traveling at 40 miles per hour would be the same in terms of mechanical damage and injury to passengers, to impacting a wall at 20 miles per hour. This is true if the vehicles have roughly the same mass. However, if one vehicle is much larger than the other, the smaller vehicle suffers most of the damage.
Our victim in this Florida automobile accident case, a U. S. postal employee in her early 50’s, was stopped, waiting for a Palm Beach County Deputy Sheriff’s vehicle in front of her to make a left turn. While waiting, she was struck from behind by another vehicle, and the impact was severe enough that it pushed her about 10 feet into the deputy sheriff’s vehicle. There was no way for our victim to take any evasive action in this rear-end collision, and she sustained a severe injury to her lower back.
As a result of the above rear-end collision, our client had persistent and ongoing pain and symptomatology resulting from her low back injuries which necessitated surgery with a fusion at the lumbar L4, L5 level, with implant of a prosthetic device and a partial vertebral corpectomy.
Subsequent to her release from the hospital for surgical recuperation, she developed significant leg pain on the right side. Unfortunately, she failed to respond to medication and was readmitted to the hospital approximately ten days later for diagnostic work-up. At that time, x-rays were performed of the lumbar spine which showed collapse of the L5 vertebral body with anterior migration of the cages. She was taken to surgery a second time and underwent a release and decompression of the nerve roots at L5.
She was unable to return to her work in the post office as a mail sorter and continues to have difficulties with her routine daily living needs. Her husband had to assist her in and out of the shower, she could not perform the household chores, and has trouble even trying to dress herself. Sadly, this couple was forced to sell their home due to her inability to work and their reduced income.
This injured victim did have some pre-existing conditions, including spondylolisthesis, which is the slipping of one vertebrae on the one below it, and chronic vertigo. She had applied for disability prior to this rear-end collision as a result of the vertigo. The defense argued that her problems were pre-existing and did not necessitate surgery.
This couple sought the assistance of Attorney Jason D. Weisser to represent them in this case. After extensive investigation, expert testimony and several days of trial, Mr. Weisser was successful in obtaining a verdict of $1.5 million. The defense had offered $500,000.00 before trial began; $750,000.00 before closing arguments; and $1 million after closing arguments. This case was not appealed, and the judgment was paid.
