Neck Injury From Automobile Accident Results in Settlement

Attorney Sheldon D. Erlich of the litigation firm Erlich, Rosen, Bartnick & Cook P.C., successfully negotiated a $240,000 settlement on behalf of a client involved in a motor vehicle accident. The facts that gave rise to the case were that the 60 year old client was stopped in traffic in a suburb of Detroit when his car was rear ended at a high rate of speed by a negligent driver.

The client was taken to the emergency department of a local hospital for x-rays and physical exam and was initially diagnosed with a cervical neck strain more commonly called “whiplash.” He was sent home with pain medication and told to follow up with his doctor. He also underwent physical therapy with minimal temporary relief.

Mr. Erlich’s client continued to have neck pain and discomfort over the next year despite physical therapy and medication. He was referred to a neurosurgeon specialist for a second opinion when his neck injury did not heal on its own and continued to give him discomfort. Advanced imaging studies, including an MRI, were ordered and revealed that he was suffering from multiple herniated disks in his neck as a result of the automobile accident.

Due to the unremitting pain the client elected to undergo a fusion surgery of his neck vertebra which was recommended by his neurosurgeon. The surgery was performed 16 months after his automobile accident and was successful in relieving most of the neck pain. Minor limitation of motion in his neck is still present.

Sheldon Erlich’s case development and preparation for Trial convinced the insurance carrier for the Defendant to enter into settlement discussions which led to the $240,000 settlement. As the underlying injury was caused by an automobile accident the Michigan No Fault Act applied and all of the client’s medical expenses were paid for by his No Fault Insurance carrier.