Personal Injury Lawyer Blog
The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)
INJURIES: Gregory claimed injuries to her neck, as well as persistent headaches. She claimed that she sustained three 2mm cervical disc bulges. She testified that she evaluated her pain level at an 8 or 9 at the scene of the accident.
Facts:
On Sept. 3, 2004, plaintiff Jackie Gonzales, 19, was traveling southbound in her sports car in Placerville when she struck a sedan traveling westbound driven by Jasmine Kiniky.
Gregory sued Kiniky, and the owner of the car she was driving, Jermaine Kiniky, claiming motor vehicle negligence.
The plaintiff’s accident reconstruction expert testified that Gregory merged over to the left as the signs mandated, and she was traveling in the number two lane southbound when the accident occurred. Gregory denied there was any stopped traffic prior to the accident.
Kiniky offered the testimony of her passenger, a co-worker who stated that there were two lanes of stopped traffic. Kiniky inched up between lanes of traffic, and Gregory struck her car.
Gregory sought treatment one week after the accident with orthopedist Steven Goll. Goll took X-rays of Gregory’ neck on Sept. 10, 2004 which was in normal limits. Gregory was then referred for an MRI which revealed disc dissection at C3-4, C4-5 and C5-6 and 2mm diffuse annular posterior disc bulges.
Goll recommended physical therapy. Gregory stated that the therapy resulted in no improvement. She then began a course of treatment with chiropractor Gennie Tamin. Tamin’ treatment did not offer any relief to Gregory either.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Goll opined that Gregory’s injuries were caused by the car accident, as she was too young to suffer from a degenerative condition. Goll further opined that Gregory will require future treatment for the rest of her life including tri- annual trigger point injections costing $240, medications costing $3,000 to $5,000 per year, 23 physical therapy visits at a cost of $75 per visit and a referral to a neurologist with annual Botox injections costing around $3,000 a year. Goll further opined that future cervical surgery was likely.
Cammie Olive, plaintiff’s expert radiologist, conceded that it was impossible to tell whether the plaintiff’s injuries were caused by the accident or not, based on a reading of the films.
The defense expert in orthopedics, Jim Swak, opined that the three disc bulges were indicative of disc degeneration, rather then disc trauma. Ned Cherry, defense expert radiologist opined that the X-rays revealed degeneration. Cherry based this conclusion on the existence of osteophytes.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.