Case Summary In March 2024, our client sustained significant injuries to the neck, back, and both shoulders in a car accident. Specifically, the client suffered from bilateral rotator cuff tears, with the left shoulder condition deteriorating to the point where surgery became inevitable. The insurance company attempted to deny liability and causation, citing the client’s pre-existing conditions. Furthermore, the at-fault driver’s insurance policy limit was only $25,000, making it difficult to secure adequate compensation for the client’s extensive damages.
The Result Song Law Firm successfully countered the insurer’s arguments by clearly demonstrating the “escalation of care”—tracing the treatment trajectory from the initial accident to diagnostic imaging and ultimately to surgery. We secured the full $25,000 policy limit from the at-fault party’s insurer and subsequently obtained an additional $75,000 through Underinsured Motorist (UIM) coverage. This resulted in a total settlement of $100,000, achieved swiftly through strategic negotiation without the need for litigation.
Our Strategy The crux of this case was overcoming the insurance company’s “pre-existing condition” defense. Our legal team:
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Proved Traumatic Injury: Focused on post-accident MRI results and surgical findings to establish new injuries and the acute worsening of the client’s condition.
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Demonstrated Escalation: Highlighted that surgery was the result of traumatic aggravation after conservative treatments failed, rather than a mere progression of a pre-existing ailment.
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Mastered UIM Procedures: Despite the low BI (Bodily Injury) limits, we correctly executed the Longworth procedure to ensure a seamless transition to the UIM claim for maximum recovery.
Our Commitment At Song Law Firm, our client’s rights are our top priority. We take full responsibility for ensuring you receive the compensation you deserve, no matter how complex the case.
“I was so frustrated when the insurance company refused to acknowledge my condition, but Song Law Firm fought for me until the end. I was worried after having to undergo surgery, but I am truly grateful for this successful outcome.”
What Makes Song Law Firm Special?
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Expertise in distinguishing pre-existing conditions from accident-related causation.
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Strong evidentiary strategies based on surgical records and objective medical data.
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Systematic compensation structure design linking BI and UIM claims.
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Powerful negotiation skills to secure maximum results without litigation.
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Dedicated, responsible representation from start to finish.
Song Law Firm remains committed to protecting our clients’ rights and achieving just compensation. Free Consultation: (201) 461-0031 | www.songlawfirm.com | pi@songlawfirm.com Disclaimer: This post is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes.
