Whalen v. Van Hoecke

Jason Paul Roth

Case Conclusion Date:August 2, 2011

Practice Area:Personal Injury

Outcome:Policy limits settlement

Description:The firm’s Client declined medical treatment at the scene following a significant motor vehicle collision. Six days later she first sought treatment with her primary care provider complaining of headaches, vertigo, and sensitivity to light. After consulting with a number of friends and family members who uniformly indicated the client “was just not the same” after the car accident we filed suit. The defendant’s insurance carrier initially offered less than the total medical bills incurred claiming that the refusal of immediate medical care at the scene, lack of visit to the emergency room, and six-day gap between the collision and her first medical treatment meant there was not a substantial injury, and any injury allegedly sustained was not related to the wreck. After filing suit and conducting extensive discovery, the case resolved for the total insurance policy limits available.