Taxi Passenger Injured by Third Party
The case involves a car accident with a then 47-year old woman, who was a passenger in a taxi cab/jitney that crashed through a concrete and glass building storefront.
In March 2017, Seth T. Weinstein, Esq., was able to settle a then 3-year old personal injury claim for a then 47-year old woman, who was a passenger in a taxi cab/jitney that crashed through a concrete and glass building storefront, for a lump sum of $100,000.00.
This unusual one-car collision was precipitated when the driver of the taxi cab/jitney mistakenly hit the accelerator/gas rather than the brake while parked at a traffic speed hump, jumping the parking stop, then a curb, and coming to a stop after breaking through the concrete and glass building storefront of a self-storage facility in West Palm Beach, Florida. Approximately the front third of his jitney/cab ended up in the store.
Our client, who was in the rear-compartment/back-seat of the jitney was not seat-belted at the point of impact, and sustained injuries to her neck, mid-back and lower back. She received treatment at two Florida Hospital Emergency Rooms, with follow-up primary care physician, orthopedic, supervised chiropractic, neurological treatment and diagnostic testing in Florida. It was there that it was radiologically determined that she had sustained herniations in various areas of her neck and back. She also had positive neurodiagnostic testing including EMG and NCV studies which confirmed radicuolpathy in the neck.
She received chiropractic, physical therapy, massage therapy, acupuncture modalities in Illinois, her home state, and in the State of Washington after moving there as well. All in all, her Illinois MedPay carrier paid over $38,000.00 for such non-invasive hospital, diagnostic testing, medical and therapeutic treatment over a three-year time period.
Although medically recommended, Mr. Weinstein’s client never obtained more invasive treatments such as epidural steroid injections, facet block injections or surgery; her treatment was relegated to conservative non-invasive care.
Upon the submission of a comprehensive 41-page Demand Package in December 2016 on behalf of his client to the insurer for the at-fault driver of the jitney/cab, Mr. Weinstein, was met with stiff resistance from the adverse side. Counsel was provided with a 46-page Index Report detailing a lengthy claims history not only of his client regarding matters arising prior to and subsequent to the subject collision, but the lengthy claims history of her immediate family members as well in these incidents and others.
Over a three-month time period through extensive negotiation both with the adverse insurer as well as with our client’s own insurer regarding her MedPay lien, Seth T. Weinstein, Esq. was able to garner a pre-suit $100,000.00 settlement on a personal injury claim that involved no invasive treatments such as injection therapy or surgery, while likewise negotiating a one-third reduction (from $38,000.00 to $25,000.00) of her MedPay lien.
