Policy Limit Settlement of $1,000,000 for Cervical Fusion Case Despite COVID Obstacles
Policy Limit Settlement of $1,000,000 for Cervical Fusion Case Despite COVID Obstacles
42-year-old Antonio Mickens suffered cervical spine injuries after the vehicle he was driving was sideswiped by a dump truck on 6/23/20. As a result, Mr. Mickens experienced progressive pain across the neck and right shoulder. An MRI study taken a month after the collision showed multi-level disc injuries, with the worst at C4-C5 (a large, compressive right-sided herniation). The severity of the injuries necessitated a C4-5 decompression and fusion which was performed a month later.
The Plaintiff contacted Mark Stanley of The Stanley Law Group in Columbia, SC to help with his claim against the trucking company. The fact that if the case eventually went to trial, it would have been in a very conservative jurisdiction (Kershaw County, SC) was a major a potential hurdle for Mark. Also, the closure of the courts during the COVID crisis resulted in the insurance industry taking advantage of the situation by using stall tactics to force plaintiffs to accept minimal offers for a settlement in a time frame that might be considered reasonably timely. This has made it exceedingly difficult for attorneys to fairly resolve cases for personal injury victims whose injuries have resulted in their inability to work and are in desperate need of funds to pay medical bills, rent, and other expenses.
Despite these multiple complicating factors, the Stanley Law Group worked hard during this period to resolve cases fairly with numerous successes. Mark’s efforts resulted in timely settling Mr. Micken’s case pre-suit for the policy limits of $1,000,000. When asked what persuaded the defense to meet his demand in this specific case, Mark replied, “It was a three-part issue. First, the illustrations and animations played a large roll in showing the insurance company adjuster exactly what injuries Mr. Mickens sustained and the treatment he underwent for those injuries. It allowed the insurance company adjuster to get a grasp as to the full extent of Mr. Mickens’ injuries. Second, we were able to successfully show the economic loss that Mr. Mickens incurred as a result of the injuries sustained in this crash. Third, our preparedness further persuaded the insurance adjuster to meet our demand. We prepared this case for trial from the beginning to put this case in a posture for a successful pre-suit resolution.”
Mark and MediVisuals worked together to adapt to COVID case-resolution techniques by developing illustrations and animations designed specifically for digital and remote presentations.
Below are some of the illustrations and animations Mark used to successfully resolve the case. Mark disclosed the images in a succinct manner that began with records and images from the medical record, then gradually revealed more and more detail. He first showed the adjuster the MRI report, then the MRI itself with the corresponding illustration, then the animation detailing the MRI findings. Similarly, Mark first showed the adjuster the operative report, then the illustrations of the procedure, and finally, the animation of the surgery.