One early morning in Jacksonville, our client, a hardworking blue-collar individual, was driving on Main Street under clear skies when a large commercial truck rear-ended his vehicle. The crash resulted in severe back injuries for our client. Despite this, the defense quickly argued that our client was partly at fault and claimed the impact from the 24,000-pound truck was too minor to cause such an injury, given its lower speed.
Insurance companies often employ similar tactics, so if you are facing these arguments, know that you are not alone. Many have been in your shoes, and there’s hope and a way forward. At Farah & Farah, we don’t just accept the defense’s story. Instead, we use smart legal strategies and a close look at the medical evidence. We spoke with our trucking accident attorney, Rick Staggard, about how his approach overcame the defense’s expert and led to a $1.6+ million recovery for our client.
Medical Evidence Linked Our Client’s Injuries to the Truck Accident
Our client felt instant pain in his lower back that spread down his right leg. An MRI showed a herniated disc at L5-S1, the lowest disc in the spine, pressing on a nerve, which matched his severe and sudden symptoms.
Rick Staggard emphasized the importance of objective evidence: “The medical evidence was some of the most clear-cut I’ve seen in my 31 years of litigation for a client with this specific injury. While the defense often tries to rely on pre-existing spinal degeneration (which affects 75% of people over 30), we countered with objective proof: a disc herniation attached directly to the nerve root.”
How We Defeated the Defense’s Expert Testimony With Medical Reports
One of the defense team’s main arguments was that the relatively low speed of the accident couldn’t have caused such serious injuries. However, just because the speed is low and the impact seems low doesn’t mean that injuries from a low-speed accident can’t be life-changing and devastating. The defense even brought in a hired engineer, who asserted that the force on our client’s lower back during the crash was less than the pressure of simply sitting down in a chair.
Staggard aggressively challenged this absurd claim: “I asked the expert directly: ‘Are you telling me that a 24,000-pound truck hitting the back of a car at 15 mph is less likely to cause back pain than me sitting here talking to you?’ They hemmed and hawed. Overcoming that expert opinion was the hardest part and the ultimate lynchpin of the case.”
Richard says the key to winning was carefully reviewing the records, not relying on summaries. He found an important detail in the neurosurgeon’s report: the herniated disc material was stuck to the nerve root. This showed strong, focused pressure caused the injury and required a second surgery to remove scar tissue, directly challenging the low-impact claim.
The Chess Game: Strategic Moves That Forced the Insurance Company into Settlement
This case was complicated and faced many challenges. The defense also tried a permanency defense, which means they argued that the injury might not be long-lasting. This is crucial when it comes to getting compensation for non-economic damages like pain and suffering in Florida. If an insurer claims your injury is only temporary, it could greatly reduce the amount of compensation you might receive. Therefore, addressing such defenses effectively is essential to maximizing a client’s recovery.
Rick made a brilliant legal move by asking the court to require the trucking company to show proof of its Personal Injury Protection (PIP) coverage. The defense tried to block this by calling it a trade secret, which was just another way to slow things down and avoid the judge ruling unfavorably against them.
“My job is to have an effect on how they evaluate the case,” Staggard noted. “We moved to knock out their permanency defense at trial and had a hearing on the PIP issue. The defense team wanted to avoid a final ruling on that. By applying pressure simultaneously on liability, the flawed biomechanical evidence, and the legal hurdles, we forced them to the table.”
A Major Settlement That Covered Medical Costs and Restored Quality of Life
The case settled for more than $1.6 million before the court made a final decision. This amount covered the client’s massive medical bills, possible future treatments like a spinal cord stimulator, and non-economic damages such as pain, suffering, and loss of enjoyment of life. More importantly, it gave our client a new lease on life. He no longer needs to work 60-hour weeks just to stay afloat. This settlement allows him to finally focus on recovery and enjoy more time with his family and loved ones, reflecting a profound change in his day-to-day reality.
Our client was immensely relieved to be done with the court process. “Driving most clients’ anxiety with regard to litigation is the uncertainty,” Rick said. “Our successful outcome gave our client financial certainty and the justice he deserved.”
Don't Let Them Minimize Your Injuries. Talk to an Attorney
If you or someone you care about feels your insurance company isn’t taking your injuries seriously, reach out to the experienced attorneys at Farah & Farah anytime for a free consultation.
When you call us, we’ll discuss your accident and explain your options, all at no cost. There’s no need to worry about fees, as we charge nothing unless we win your case. Please keep in mind that case timelines can vary due to several factors, but we are committed to keeping you informed every step of the way to alleviate any anxiety and uncertainty.
