Allstate makes lowball offer and claims that plaintiff exaggerated his injury.
Past medical expenses: $57,475.62
Rejali Law Firm, APC by Omid Rejali, San Diego.
Law Offices of Micaela De la Carta by Jay Nunez, San Diego.
Yogesh Patel, M.D., pain management, Carlsbad. (Treating physician.)
Erik S. Viirre, neurology, San Diego. (Treating physician.)
Robert Eastlack, orthopedic surgery.
Jonathan Schleimer, neurology.
On October 6, 2016 plaintiff was driving on Cannon Road when defendant Yulin Li, while in the course and scope of her employment, made an illegal turn in front of plaintiff's vehicle, causing the two vehicles to collide.
Plaintiff was 68 years old at the time and was retired. He suffered from prior shoulder injuries (prior rotator cuff surgery in 2012); prior neck issues; prior back problems; prior right wrist problems and prior head injuries.
Plaintiff contended that his back, right wrist and low back all got worse as a result of the collision, but that with three months of treatment went back to baseline.
Plaintiff contended that his neck pain got worse because he was suffering from an inflamed facet injury, which required ongoing pain management treatment, specifically radiofrequency ablation treatment to burn the nerves.
Plaintiff also contended that he suffered a mild TBI and was susceptible to injury because of his prior history of head injuries. Plaintiff contended that his head injury caused his vertigo to become more frequent and more severe and last longer.
Liability was stipulated.
That plaintiff suffered a sprain/strain. That plaintiff did not suffer a concussion. That plaintiff's treatment was excessive, unnecessary and not reasonable. That plaintiff was not truthful.
Right wrist pain; low back pain; neck pain; concussion; left shoulder pain.