Time and time again I see automobile insurance liability carriers make totally unreasonable settlement offers on reasonably strong liability cases prior to suit. This case recently resolved was no different. The plaintiff was a waitress from Naugatuck, Connecticut. She was side swiped by a young women who was driving under the influence of alcohol on Old Firehouse Road in Naugatuck, Connecticut. The plaintiff's vehicle had significant front end crush damage. The defendant, a resident of Waterbury, was arrested at the accident scene after flunking field sobriety tests performed by the investigating police officer. The plaintiff suffered a cervical soft tissue strain along with an aggravation of cervical degenerative disc disease. Treatment for the Naugatuck plaintiff consisted of some chiropractic care to the cervical spine and some short term physical therapy. The plaintiff was assigned the "garden variety" 5% impairment of the cervical spine by a Waterbury physician. The plaintiff had no prior cervical spine injuries.
The plaintiff did, however, prematurely self discharge herself leaving a one year gap in her chiropractic care before returning to complete her treatment. The insurance carrier was not impressed with the plaintiff's claim and offered $5,500.00 to settle this case prior to suit. After suit was brought by our office in the Waterbury Superior Court, we amicably resolved this case for $30,000 even with a one year gap in the plaintiff's medical treatment. The moral of the story is that conflict resolution in the automobile tort world often requires a law suit.
Regards, PR, 3
