Q: Is there case law to support significant personal injury caused by low impact accident
20 to 30 mile per hour impact. large work van rear ended sports car. no major damage to either vehicle. injuries in front vehicle- cervical disc compression. surgery required/ history of osteophytes and prior disc fusion
A: "low impact collisions" is a term propagated by the insurance industry/defense lawyers to unfairly spin truth into an untruth. serious injuries can occur at any speed. with over 36 years in the active practice of law i have seen hundreds of "low impact" crashes cause significant injuries and those consistent with yours. in fact those with a prior history are often more susceptible to even the most minor trauma. most states have what i call the law of aggravation which simply means that a guilty party is responsible to a person who because of age, prior condition, infirmities,etc is more susceptible to an event. if this is your situation you need to contact a reputable and experienced arkansas lawyer to represent you. good luck.
A: Great answer by Mr. Rubino. If you think that insurance companies always play fair take a read of "From Good Hands to Boxing Gloves" an outline of how Allstate devalues legitimate claims. The so-called low impact or soft tissue phraseology attempts to demonize the person that is injured so the jury will deny them their just compensation to become whole again.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
