Driver Broadsided By Garbage Truck Has Case Go To Jury ($469,000)

A Horwitz, Horwitz & Associates’ client was initially awarded a jury verdict of over $780,000.00 after suffering a soft tissue damage injury resulting from an automobile accident. The verdict was later reduced to $469,000.00 after the jury found the client 40% at fault.

The Case

Attorneys from Horwitz, Horwitz & Associates first met their client after her car had been broadsided by a garbage truck.

In-Depth Look

For the second time in recent months, Horwitz, Horwitz & Associates, Ltd. has proven that jurors have the capacity to disprove an insurance company’s idea of the chronic impact of certain soft tissue injuries.

Diagnosed with acute soft tissue injuries, the Plaintiff utilized twelve weeks of family leave to bridge recovery time and healing. She received pain management treatment, including a ‘toolbox’ of skill sets to assist her return to work; methods to help her work through the painful execution of daily activities and normal work/life routines.

Despite her best efforts, the pain, described as “ropes of pain throughout her neck, shoulders, and head”, complicated by post-concussive syndrome, hampered her concentration and ability to perform the duties required by her position as an inside sales agent.

When given the facts of the case and the medical data to support the documented evidence of injury to the muscles, a Cook County jury initially awarded Horwitz, Horwitz & Associates’ client over $780,000 that was later reduced to $469,000 after the jury found her 40% at fault.

Soft tissue injuries include whiplash, muscle strain, muscle spasms, and myofascial pain. These injuries are common in automobile accidents but are often minimized by insurance company lawyers. Unfortunately, many Plaintiffs’ lawyers do not pursue them either. Soft tissue injuries are labeled insubstantial and insignificant because they are vague in nature and difficult to diagnose with limited treatment options.

Since surgery is not an option, the medical expenses are often low, comprised of physical therapy, occupational therapy and pain management. Many law firms are reluctant to take on such cases, especially when the client has returned to work in spite of pain and complications.

Unlike a broken bone, soft tissue injuries cannot usually be diagnosed through traditional x-rays; however, the pain and suffering, and loss of normal life are very real. Today, Pain Management physicians use advanced technology and comprehensive evaluations to diagnose and manage the painful effects of soft tissue injuries.

Insurance company lawyers only believe an injury if they can see it. Soft tissue injuries fall outside of this narrow scope. Horwitz, Horwitz & Associates’ attorneys ensured our client’s injuries were recognized and her voice heard.