On May 23, 2014, Rob Bennett completed a three day arbitration in a underinsured motorist case. The claim stemmed from a rear end car accident on Interstate 80 in Sacramento. The resulting damage to the claimant’s vehicle was minor. In fact the vehicle was never repaired post accident.
The claimant alleged that he sustained injuries to his head, neck and back with significant radiculopathy down both legs. Following the accident claimant underwent a significant amount of conservative care for nearly four years including chiropractic care, physical therapy and acupuncture. While the claimant attempted to push for a surgical recommendation none was provided.
At the arbitration, Rob successfully countered claimant’s assertion that he was essentially pain-free before the accident. Discovery completed during this matter showed the claimant suffered from long standing chronic pain in his neck and back as well as radiculopathy. Rob’s cross-examination along with his exhibits containing claimant’s prior medical history were strong. To be sure, Rob also retained and called an orthopedic surgeon who, after performing an exam of the claimant, testified that he sustained only minor soft tissue strains of his neck and back.
At the conclusion of the hearing, claimant’s counsel sought an award of $85,000. The arbitrator returned with an award well below the demand – $35,925.75. Prior to the arbitration Rob had offered $43,000.