Washington law provides that the drivers on have the duty to exercise ordinary care and avoid causing a collision. See RCW 46.61.445 and Washington Pattern Jury Instruction (WPI) 70.01. MH did nothing to contribute to the cause of the crash and could do nothing to avoid the collision. KR was negligent when she slammed into our client’s vehicle.
MH sustained the following injuries in this accident:
- Neck Strain;
- Back Strain;
- Cervical muscular stain;
- Lumbar radiculopathy;
- Left S1 radiculitis;
- Left S1 joint dysfunction with radiating pain;
- Left L5-S1 extruded disk herniation;
- Left Chest Contusion/Ruptured Breast Implant;
- Left Arm/Shoulder impingement;
- C/s ROM is 15% into rotation B, flexion 20% with majority of motion in upper c/s, ext. to neutral;
- Central disk protrusion at L4-5;
- Disk protrusion at L5-S1;
- Facet tropism, at L4/L5 and L5/S1;
- Facet arthrosis at the lumbar spine;
- Disc hypoplasia, L5 disc level;
- Displacement and compression of the transversing S1 nerve root;
- Tight at B c/s mm and L QL;
- Right Ankle Sprain;
- Difficulty sleeping.
MH is 36 years old. She lives in Auburn, Washington. MH is employed full-time as an executive assistant for the City of Seattle. In her spare time, she enjoys spending time with her five children. Prior to this accident, she was very active and enjoyed sports including running. Additionally, she had just purchased a motorcycle and has been unable to ride it to this date.
MH was pregnant at the time of the accident. She had a very difficult pregnancy because of the accident and her injuries. Her son was put in a great deal of danger. MH was subjected to a great deal of pain since most drugs for pain were not safe for expectant mothers. The surgeon performed surgery for the first time in his career on a pregnant patient because of the severity of MH’s back problem. MH’s son was born prematurely and continues to be very little for his age.
MH was a newlywed and married on April 24, 2004. She had been married just 2 months when the accident occurred. MH’s husband took on added responsibilities in the home because of MH’s injuries. For example, he helped MH sit on the toilet seat and watched her go from an active and spontaneous free spirited independent individual to a near vegetable state and totally dependent on others. The dramatic change drove the marriage into a horrible state. Unfortunately, MH and her husband separated almost immediately following her surgery. MH was no longer the person he married.
MH continues to have numbness down her left foot and through the toes. The surgeon cannot determine if the feeling in MH’s foot will ever return. MH continues to have constant back pain, with occasional sharp pains at the site of her surgery. These symptoms are expected to last indefinitely.
MH cannot fully flex her toes forward. She also suffers from severe calf cramps. MH also experiences ongoing fear of driving. She fears that a car is going to slam into her while waiting at a light or stop sign.
In sum, MH’s life has completely changed. She can no longer ride a motorcycle for recreation like she was planning to do before the accident. MH’s children have also been affected by their mother’s injuries. This has interfered with and affected MH’s relationship with her children. MH cannot be as active a mother as she could before the accident.
To help her negotiate a settlement with PEMCO Insurance, MH enlisted the services of leading car accident lawyer Chris Davis.
Mr. Davis, the founder and principal personal injury attorney at Seattle-based Davis Law Group, has been frequently consulted by many leading news agencies for his advice on car accident legal procedures, and has had substantial success obtaining fair and reasonable financial compensation for his clients in the past.