The Incident
Our client was traveling on the highway when he was struck from behind by an inattentive driver who failed to slow down in time. The impact was sudden and severe, leaving him with significant injuries to his neck and back that would require ongoing medical treatment and, according to expert physicians, the likelihood of future surgical intervention.
In the aftermath of the crash, our client was left navigating the complexities of the insurance system while trying to recover. Knowing he needed experienced legal counsel to fight for the full compensation he deserved, he turned to Cantor Injury Law.
cASE cHALLENGES
Our client had a documented history of prior treatment to his neck and back, including involvement in previous lawsuits. Defense attorneys and insurance adjusters are quick to seize on prior medical history as a way to minimize or deny compensation — arguing that the injuries preexisted the crash and were not caused by the at-fault driver.
Additionally, the liability carrier’s policy limits created a ceiling on what could be recovered from the at-fault party alone. Without a strategic approach to the underinsured motorist (UIM) claim against our client’s own insurance company, a significant portion of the compensation he was rightfully owed would have been left on the table.
Overcoming both obstacles required not just legal knowledge, but a proactive, well-documented strategy built from day one.
sTRATEGY & aDVOCACY
Recognizing the limitations of the at-fault driver’s liability policy, we sent a time-limited policy limits demand to the liability carrier, backed by comprehensive medical opinions from expert physicians. These experts clearly linked our client’s current condition and need for future surgery directly to the highway collision — leaving no room for the defense to claim his injuries were solely attributable to prior conditions.
Simultaneously, we began building the underinsured motorist claim. Because UIM claims put the client’s own insurance company in the role of the opposing party, every communication was treated as potential evidence. Every email, phone call, and letter was crafted with the understanding that it could potentially be used.
By pairing strong medical documentation with a deliberate, claim-building approach on both the liability and UIM fronts, our attorneys positioned our client for maximum recovery across all available sources of compensation.
“Handling a first-party claim, such as an underinsured motorist coverage claim, has a different set of challenges and strategies than the liability side. Knowing that the future defendant will be the negotiating insurance company, it’s important to set up the claim as if every email, phone call, or letter could be an exhibit.”
- Cantor Injury Law Attorney
The Outcome
Our efforts resulted in a total settlement of $375,000 for our client — comprised of $100,000 recovered from the at-fault driver’s liability carrier and an additional $200,000 secured through an underinsured motorist claim against our client’s own insurance policy. The remainder came from additional applicable sources of recovery identified during our thorough case review.
This outcome reflects what is possible when a case is prepared with precision and every avenue for compensation is pursued aggressively.
Client Impact
In the weeks following the crash, our client had been unable to work, watching his financial stability deteriorate while dealing with the physical and emotional toll of his injuries. The road to recovery felt uncertain, and so did his family’s future.
Just a month after his settlement was finalized, our client used his funds to purchase a new home for himself and his family. What the crash had threatened to take away, the settlement helped restore and then some.
How Cantor Injury Law Can Help You
At Cantor Injury Law, we understand that insurance companies (even your own) are not always on your side. Whether you’re navigating a liability claim against an at-fault driver or pursuing underinsured motorist benefits, our team knows how to build a case that demands full and fair compensation.
If you or a loved one has been injured in a motor vehicle collision, don’t settle for less than you deserve. Contact Cantor Injury Law today for a free consultation. Let us fight for your rights and help you move forward.
📞 Call (314) 628-9999 — You Can Count on Cantor.
