The Plaintiff was rear ended in a minor property damage crash and had initial treatment for approximately one month. Although the Plaintiff continued to experience problems, he did not elect to undergo surgical treatment until approximately three years following the crash for a tear in his shoulder. After receiving treatment for the tear, Plaintiff established medical proof of past medical expenses of approximately $70,000.00.
The Defendant established medical proof that the surgery was not related to the crash and argued that the long gap in treatment was proof that the crash did not cause the need for surgery. After extensive litigation in this matter, this car accident was settled for $182,000.00 representing past medical expenses, pain and suffering, loss of enjoyment of life and lost earnings.