Attorney Devlin Scarber represented a client who sustained serious back injuries after his vehicle was rear-ended by a pick-up truck. The client’s MRIs showed that he had bulging and herniated discs in his lumbar spine (lower back) from the accident. He then underwent a major and expensive surgery called a lumbar fusion.
The client’s No-Fault insurance carrier also was supposed to pay the client for lost wages. Unfortunately, the client had been laid off from his job a few weeks before the accident, so his insurance company refused to pay. In fact, the insurance company refused to pay for most of the client’s benefits, including the surgery, claiming that none of it was related to the accident. The insurance company claimed that the client already had prior back problems, was overweight, and had an unhealthy lifestyle that would have required him to have the surgery regardless of the accident.
Attorney Devlin Scarber vigorously pursued this claim, and obtained a $275,000.00 settlement on behalf of the client, which is a very high settlement in a case of this nature. The key to the large settlement was that Attorney Scarber obtained solid witness testimony and evidence from the client’s doctors, employer, and family members. Also key was Attorney Scarber’s vigorous deposition of the insurance adjuster, which revealed that the insurance company had no legitimate reason for refusing to pay the client.
