Insurance companies often try to minimize injuries when a victim appears “tough” or works in a physically demanding profession. In this case, a tow truck driver suffered significant knee, neck, and back injuries after being hit by a dump truck in New Orleans. After litigation, depositions, and pre-trial mediation, the case resolved for $187,500.
Rex worked as a tow truck driver and spent long hours on the road helping stranded motorists
throughout Southeast Louisiana. One day while driving in New Orleans, Rex was struck by a
dump truck operated by a commercial driver. The impact caused significant injuries to his knee,
neck, and lower back.
Immediately after the collision, Rex began experiencing pain and difficulty walking. However,
the dump truck company’s insurance carrier attempted to minimize the seriousness of his
injuries, arguing that because Rex drove a large tow truck for work, the collision could not have
caused substantial harm.
Flattmann Law quickly began investigating the accident and obtained police body camera
footage from the scene. The footage showed Rex visibly limping shortly after the crash, helping
document the immediate effects of the collision and refuting the insurance company’s attempts
to downplay his injuries. Rex ultimately underwent extensive medical treatment for his injuries. Because he had braced
himself during the collision with his foot firmly on the brake pedal in an effort to avoid being
pushed into traffic, he suffered significant knee trauma that eventually required arthroscopic
knee surgery. He also sustained cervical and lumbar spine injuries, eventually undergoing a
cervical rhizotomy procedure, also known as radio frequency ablation (RFA), to help manage his
neck pain.
Early in the litigation process, the dump truck company attempted to avoid service of the lawsuit,
delaying the progress of the case. Flattmann Law hired a private process server to ensure the
defendants were properly served and the case continued moving forward.
Because Rex did not have health insurance at the time of the accident, we also worked closely
with him to help coordinate medical treatment in the most efficient and cost-effective manner
possible so he could continue receiving the care he needed while his case progressed.
During litigation, depositions of both Rex and the dump truck driver were taken as part of the
discovery process. Through investigation, medical documentation, witness testimony, body
camera footage, and evidence gathered throughout the lawsuit, we were able to build a strong
case demonstrating the seriousness of Rex’s injuries and the impact the accident had on his life.
That preparation ultimately helped position the case for a successful resolution during pre-trial
mediation.
After extensive negotiations during mediation, the case was resolved for $187,500 before trial.
Disclaimer:
Results vary by case and situation, and that while the stories are all 100% true, the names have been changed out of respect for our clients.
When you ask for Grady, you get Grady. At Flattmann Law, we make sure that your consultations and cases are not assigned to a junior associate. Grady will personally be on the phone with you or meet you in person to discuss your individual situation. We will represent you not only as your attorney, but also as your neighbor.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
