Car Accident Lawsuit Filed for Woman With Surgical Injury
Car Accident Lawsuit Filed for Woman With Surgical Injury
The car accident lawyers at Scottsdale Injury Lawyers recently filed a new lawsuit. The lawsuit was filed on behalf of the firm’s client who is a woman who was injured in a car accident. The car accident was at a high rate of speed. As a result of the crash, the client injured her dominant arm. She then required a surgery with hardware installation.
The Details of the Scottsdale Car Accident
On July 11, 2022, at approximately 8:45 AM, the client was driving her 2018 Ford Expedition southbound on Scottsdale Road approaching Dixileta Drive. Another driver was driving northbound on Scottsdale Road. As the client drove her vehicle along Scottsdale Road, the other driver failed to yield at the intersection and turned left to head eastbound on Dixileta Road. In doing so, the other driver turned into the path of the client’s vehicle who had the right of way. This caused a major motor vehicle collision.
The impact was at a high speed. Both vehicles sustained serious damage and were towed from the scene. Police responded and took the statement of both drivers. The other driver was cited for violating Arizona Revised Statute Section 28-722.
The Traffic Law Violated That Caused the Car Accident.
Arizona Revised Statute Section 28-772 is entitled “Vehicle turning left at intersection.” This statute sets forth as follows:
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard.
How the Car Accident Caused the Client’s Injuries
The crash was a forceful head-on collision where the front of the vehicle being driven by the other driver struck the front of the client’s vehicle. The client was estimated to be driving approximately 50-55 mph. Immediately before impact, the client braced for the crash by tightly gripping her steering wheel with her left arm. She then pressed her right arm on her horn located in the center steering wheel.
Upon impact, the client’s airbag deployed violently thrusting her right arm backward where it struck portions of the interior of her car. The force of the collision was transferred through both her arms. The client’s upper body and head were also thrust forward and then whipped backward. This forward movement was partially mitigated by the client’s seat belt. However, the client’s body was unable to withstand the forces without sustaining injury.
Immediately after the crash, the client began to experience pain and tenderness in her right wrist, right elbow, neck and head. The client’s right wrist pain was so concerning that she called her primary care provider less than two hours after the crash complaining of her right wrist pain. She reported that her right wrist had an abrasion and was swollen. She reported that she could grasp a glass of water, but that it caused her pain. The client was instructed to ice her wrist and come into the office within 24 hours for a physical examination of her wrist.
The Initial Injury Diagnosis
The client presented to her primary care doctor complaining of right wrist pain that was made worse when she tried to move it. An x-ray was taken and revealed that her wrist was not fractured. The doctor believed she had suffered a strain/sprain. He provided the client with a wrist brace and prescribed her physical therapy.
The client began physical therapy and completed several sessions. Her wrist pain improved. However, it never completed went away. In addition, certain movements caused her more discomfort. The client experienced significant pain when she would bend her hand back and press on her palm. This made it difficult for the client to partake in the activities she enjoyed, including yoga and exercising.
The Injury the Client Suffered as a Result of the Car Accident
After a full year, the client went back to her doctor when her pain did not completely resolve. The doctor then recommended doing an MRI. The client underwent an MRI and it revealed that the client’s injury was much more serious than a strain/sprain.
The MRI showed that the client had a tear of the central triangular fibrocartilage and impaction syndrome. In simple terms, the MRI showed that one of her arm bones was running into bones in her wrist. The doctor then recommended more physical therapy and an injection. After completing more therapy, the client eventually received injections in her wrist in an effort to relieve her pain.
The Surgery the Client Received
Nearly two years after the car accident, the client was still dealing with pain and problems in her injured wrist. She met with an orthopedic surgeon who suggested that an ulnar shortening osteotomy may alleviate her pain. The surgical procedure involved removing a portion of her ulna. The ulna is the bone that runs along the forearm of a person’s arm.
The client agreed to the procedure as she did not want to live with the pain she was experiencing for the rest of her life. The procedure was under general anesthesia. A fifteen centimeter incision was made on the outside of her forearm over her ulna bone. A four millimeter wedge of bone was then cut and removed from her right ulna. A plate with screws was then inserted into her ulna bone and anatomically aligned.
The client underwent extensive therapy. The client is still recovering from the surgery. In addition, the area where the hardware was installed in her arm is uncomfortable and causes pain when pressed. The client’s recovery will take one full year. After that, the client plans on undergoing a second surgery to remove the surgical hardware which is causing her discomfort.
The Two-Year Statute of Limitations
The statute of limitations for most car accident cases in Arizona is two years. A statute of limitations is a law which limits the ability to pursue a claim or lawsuit after a certain period of time. If a person intends to seek compensation for an injury caused by another’s negligence, they must file a lawsuit before the statute of limitations expires. If they fail to do so, they will be barred from brining those claims in a lawsuit and will not be able to recover compensation for those injuries.
A statute of limitations is a law which limits the ability to pursue a claim or lawsuit after a certain period of time.
Since the client waited almost two years to get her surgery, she had not completed all of her medical treatment prior to the statute of limitations. As a result, she needed to file a lawsuit to make sure her claims were not later barred. She contacted our car accident lawyers to represent her and to file a lawsuit to protect her claims.
The Car Accident Lawsuit Our Attorneys Filed
On June 19, 2024, our car accident attorneys filed a lawsuit on the client’s behalf. The lawsuit was filed in Maricopa County Superior Court. It named the at-fault driver as the defendant. It asserted a claim for damages. This included the client’s pain, suffering, medical expenses and lost earnings.
The Potential Underinsured Motorist Claim
Because the client sustained such a serious injury and substantial damages, she may have an underinsured motorist claim. An underinsured motorist claim exists when:
- a person sustains an injury in a car-related accident caused by the fault of another;
- the person at-fault does not have sufficient insurance to cover the damages he or she caused;
- the injured person has underinsured motorist coverage under an insurance policy that applies.
Underinsured motorist coverage is not required by the State of Arizona and is not mandatory. It is an optional coverage that a person may elect to buy for an additional fee when they obtain car insurance. If a person obtains this coverage, it adds an additional source from which the person may recover up to the policy limits purchased.
Underinsured motorist coverage is not required by the State of Arizona and is not mandatory.
The client had underinsured motorist coverage at the time of the crash. As such, if the at-fault driver’s insurance is not sufficient to cover all her damages, our attorneys will advance an underinsured motorist claim on her behalf.
What is the Statute of Limitations for an Underinsured Motorist Claim in Arizona?
The statute of limitations for an underinsured motorist claim in Arizona is three years from the date of the accident or three years after the date the person knows or should have known that the at-fault party had insufficient insurance to cover the injuries. However, best practice is to make sure that all underinsured motorist claims are resolved or asserted within three years of the injury producing event. The statute of limitations is set forth in Arizona Revised Statute 12-555.
Contact an Experienced Scottsdale Car Accident Lawyer Today
If you or a loved one was seriously injured in a car accident, contact Scottsdale Injury Lawyers today. An experienced car accident attorney is available now to provide a free consultation. It costs you nothing up-front to have an attorney represent you. If we take your case, we only earn a fee if we recover for you.
About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously Ranked Top 35 US News & World Report). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.
References:
[1] https://www.azleg.gov/ars/28/00772.htm
