Posted On: June 17, 2011 by Schuler, Halvorson, Weisser & Zoeller

Multiple Injuries Result from Other Driver’s Careless Inattentiveness in Delray Beach, Florida Accident

One driver not paying attention and driving carelessly can cause lifelong medical problems for countless other safe and attentive drivers.

The victim in this Florida automobile accident case was quite active, worked out regularly at the gym and enjoyed biking prior to this accident. He has two sons, ages 11 and 16, and is a committee chair for their local Boy Scout troop.

This accident occurred on I-95 just south of Atlantic Avenue in Delray Beach, Florida. The victim was traveling southbound on I-95 when another driver (who was not paying attention and driving carelessly) lost control of his vehicle, struck another vehicle and then plowed into the victim’s vehicle at a high rate of speed. The impact was severe and resulted in substantial property damage. Thankfully, the victim was wearing his seat belt when the accident occurred, or the injuries would probably be much more severe.

Fortunately, the victim did not require any emergency medical treatment at the scene of the accident. However, he experienced the immediate onset of severe pain in his neck directly after the accident which resulted in an emergency room visit at Columbia Hospital. After being examined and undergoing a diagnostic work up, the victim was released with a diagnosis of cervical strain, prescriptions for medications and a recommendation to follow up with a physician.

The victim followed up with a chiropractor for continued pain in the neck as well as pain that developed in his lower and mid back, and left wrist. The treating chiropractor placed the victim on a conservative chiropractic/therapeutic rehabilitation program, and based on the extent and severity of his complaints of pain and symptomatology, ordered MRI’s of the lumbar and cervical spine.

The lumbar MRI revealed that the victim was suffering from multiple bulging discs, but more importantly, annular tears at three separate levels. In addition, the cervical MRI revealed that the victim was suffering from three separate bulges and a 2mm anterior disc herniation at the C4-5 level.

Subsequently, the victim was referred to a neurologist who diagnosed double crush syndrome at the level of the left upper extremity consisting of the left C7 radiculopathy and a left sensory motor carpal tunnel syndrome. In addition, the neurologist found symptoms of scintillating scotoma and post-traumatic vascular headaches as well as ageusia and anosmia as a result of the effects of a head/occipital skull injury due to the victim’s impact with the head rest. Finally, the neurologist diagnosed post-concussion syndrome and confirmed that the victim had lost a substantial amount of his smell and taste senses as a result of the trauma sustained in the accident.

The victim has been referred to numerous physicians in an attempt to obtain some relief from his pain and symptoms from this automobile accident, including an orthopedic wrist surgeon; a specialist regarding his sense of smell and taste, who confirmed that he was suffering from an inner ear problem with dizziness and decreased hearing and tendonitis; an orthopedic spinal surgeon, who diagnosed post-traumatic cervical thoracic pain/strain, post-traumatic lumbosacral pain/strain and L4-5 and L4-S1 annular tears, and gave the victim injections into the neck.

In addition, he has been seen by a specialist for his left hand/wrist problems and has received steroid injections of Kenalog and has been diagnosed with left carpal tunnel syndrome and started on a night splinting program. The victim appears to be headed for carpal tunnel syndrome surgery, after having undergone two Kenalog injections with limited results.

The victim in this case has incurred medical bills in excess of $49,000.00, with a substantial future medical expense claim which can be conservatively estimated at $40,000.00 - $60,000.00, with the worst case scenario being surgery on his neck or back should his problems persist and/or worsen to the point where that will become his only option.

Taking into account all of the above, this victim was a veritable wreck from an emotional, psychological and physical standpoint. Unfortunately, the victim has been unable to engage in any significant physical activity since the time of this accident. Prior to the accident, he was quite active, working out, camping with his sons, and playing the guitar, trumpet and keyboard for gigs with various bands.

This victim chose to contact Attorney Jason D. Weisser for his help in obtaining the funds necessary from the tortfeasor in this matter and her insurance company so that he could continue to recover. After investigation and negotiations, Mr. Weisser was successful in obtaining a substantial settlement in this case without the necessity of filing a lawsuit and now this husband and father will be able to recuperate without the added worries of a tremendous economic loss.