Motor Vehicle Accident: Knee sprain/back strain ($137,500 settlement)

Insurance

Uninsured Motorist Benefits -Knee Problems

Injuries alleged: Knee sprain/strain, back sprain/strain

Name of case-Withheld

Court/case-Withheld

Tried before judge or jury: N/A

Amount of settlement-$137,500

Highest offer: $137,500

Insurance carrier: ITT Hartford

Attorneys for plaintiff: Robert Rainer & Kristine Jay, Rainer & Rainer, Boston

attorneys for defendant: Withheld

Other useful Information:

The claimant was a passenger in a motor vehicle that was struck by an uninsured vehicle on June 2, 1991. The accident occurred out of state. Liability was not disputed. On the evening of the accident, the claimant was treated at an emergency room and was released. At the time of the accident the claimant was an avid amateur bodybuilder. Post accident, her bodybuilding schedule was not interrupted although she was treated regularly by a chiropractor in Melrose.

Approximately one year post accident, the claimant's knee injury had not yet resolved and she consulted with an orthopedic doctor. Two years post accident, she underwent an arthroscopic examination of her knee and she has since recovered from her injuries.

The key issue in dispute was causation. Since the claimant successfully pursued her bodybuilding for one year post accident, the insurer challenged the cause of the claimant's knee problems. After lengthy negotiation and before filing a complaint for appointment of an arbitrator, the case was settled.

Published with permission of Lawyers Weekly