Imagine looking in your rear-view mirror and seeing a full-size pick-up truck barreling toward you at full speed. You know in your gut they aren’t going to be able to stop in time. You try to get out of the way, but you don’t have enough time. You’re filled with dread because you know that in a split second, you are going to slammed into from behind.
This nightmare became reality for our client, a seasoned delivery driver who started her day expecting it to be routine. Instead, she ended up in a years-long fight for her health, her livelihood, and her future.
In this case study, we will examine the outstanding legal work by Attorney Eliza Lynch of our Columbia office, who not only handled our client’s workers’ compensation case but also a third-party personal injury case against the at-fault driver. Through relentless preparation, smart legal strategy, and unwavering advocacy, Attorney Lynch secured $150,000 for the workers’ compensation case, $1,012,500 for the car wreck claim, and an additional $62,500 for the victim’s husband, who’d suffered from the loss of companionship and support due to his wife’s injuries.
Rear-End Collision on Bluff Road Leads to Debilitating Back Injury
On the day of the crash, our client had just completed a few deliveries in her work truck. She was stopped on Bluff Road, waiting to make a left turn, when she saw the pick-up barreling towards her in the rear-view mirror. She attempted a defensive maneuver by turning left to get out of the truck’s way, but she was unable to move fast enough and was rear-ended. The at-fault driver was coming in so fast that after he hit her, he slammed into another vehicle, a bob-tailed semi-truck that was ahead of our clients and also waiting to turn. The at-fault driver later claimed that his brakes had failed and that he knew the brakes were in need of repairs.
Step 1: Settle the Workers’ Comp Claim
After the collision, our client experienced persistent neck and back pain, which didn’t improve with conservative treatment. She promptly reported her injury to her supervisor and filed a workers’ compensation claim. When she tried to return to work with the restrictions given to her by the workers’ comp doctor, she was told they couldn’t accommodate her work restrictions. After weeks of not knowing what to do next, she contacted Joye Law Firm Injury Lawyers for help. Her case was assigned to Attorney Eliza Lynch and Workers’ Compensation Case Manager Javonna Brantley, who immediately got to work to ensure she received weekly temporary total disability payments and the medical care she needed. During this time, she underwent multiple surgeries to repair damaged discs in her spine. These surgeries were fully covered by workers’ compensation.
Sadly, despite her extensive medical treatment and grueling recovery, our client’s injuries prevented her from returning to her original position or any other similar work. At mediation, Attorney Lynch successfully negotiated a $150,000 workers’ comp settlement with a 34% whole body disability rating and permanent light-duty work restrictions.
Step 2: Pursue a Personal Injury Claim Against the At-Fault Driver
Due to South Carolina’s three-year statute of limitations, Attorney Lynch had already filed the personal injury lawsuit while the workers’ comp case was ongoing. She then successfully requested the court to “stay” (i.e., pause) the car wreck case until the workers’ comp case was resolved.
While the workers’ compensation claim was ongoing, Attorney Lynch and Personal Injury Case Manager Alicia Parler were gathering evidence to support the third-party personal injury claim against the at-fault driver.
Determining Coverage
They started by determining what insurance coverage was available. The driver who caused the wreck was not the owner of the vehicle. Therefore, she was able to pursue liability policies from both parties. Our client also had two Underinsured Motorist (UIM) policies – one through her employer and one through her own insurance coverage.
First, Lynch sent a demand to the liability carriers. During the driver’s deposition, he admitted that he knew the brakes on the truck were bad but chose to go on an out-of-state road trip anyway. After this damaging information came to light, the liability policies paid out their policy limits quickly. USAA, the owner’s carrier, paid out $100,000, and Geico, the driver’s carrier, paid out $25,000. These were the maximum policy limits.
Unfortunately, for our client, her injuries and loss of employment amounted to much more than that. Attorney Lynch then pursued underinsured motorist (UIM) coverage from the policy on the client’s work vehicle and her client’s individual policy. The larger of the two UIM carriers initially pushed back, only offering half of the available policy limits, amounting to $500,000.
Establishing Causation of Injuries
Ten days prior to the crash, our client had an appointment with her doctor, where she complained of back pain. This was a difficult hurdle to overcome, as pre-existing conditions are often used to cast doubt on whether an accident truly caused a client’s current injuries. However, our client’s medical records told a different story. She had no prior diagnosis, no MRI, no specialist referrals, and no complaints of the radiculopathy (nerve pain) she began experiencing after the collision.
The surgeon who ultimately performed her spinal surgeries was the same physician handpicked by the workers’ compensation carrier. Given that he was selected and paid by the carrier, it stood to reason that if he had found any basis to dispute the crash as the cause of her injuries, he would have said so.
Attorney Lynch met with this doctor in person twice, carefully reviewing her client’s complete medical history. She then presented him with a written medical causation questionnaire, which he completed, clearly linking the crash to the injuries that required surgery. This documentation became a critical piece of leverage in securing a favorable settlement.
Pushing for Full Value at Mediation as Trial Approached
When the case reached mediation, the defense came in with what they called their “best and final” offer of $900,000. With the case already on the Richland County trial roster for October, Attorney Lynch wasn’t intimidated. Confident in the strength of her evidence, she turned the offer down. She knew she could do better for her client.
While many facts led to that decision, one stood out: the at-fault driver admitted he knew his brakes were bad yet chose to take an out-of-state road trip anyway. “Driving under those conditions is not just negligent, it’s reckless, and it would have looked very bad in front of a jury,” explained Attorney Lynch.
Adding to the pressure, a deposition of the treating surgeon was already scheduled for the following month. Lynch knew the doctor’s testimony would have strongly supported our client’s case.
The strategy worked. The defense soon called back with an improved final offer, and the case was resolved, exactly five years to the day of the accident, for $948,000 from the client’s employer’s underinsured motorist policy and $2,000 from the client’s personal underinsured motorist coverage.
Reducing The Workers’ Comp Lien on Our Client’s Settlement
Another significant win in this case came after the personal injury settlement was reached. Since our client’s injuries happened while she was on the job, workers’ compensation had already paid for her medical treatment and disability benefits. Under South Carolina law, when a third party is responsible for a work injury, the workers’ compensation carrier can request reimbursement for what it paid out from the money recovered in the personal injury case. This is called subrogation. Essentially, the carrier “steps into the shoes” of the injured worker to recover its expenses from the at-fault party’s insurance.
However, there are limits. Workers’ compensation carriers can only recover from liability coverage, not from underinsured motorist (UIM) coverage. In this case, the liability carriers paid a total of $125,000, meaning that was the maximum amount the workers’ compensation carrier could pursue for reimbursement, even though their lien amount was $250,000.
Attorney Lynch used this to her client’s advantage, allocating half of the liability coverage to be payable to the victim’s husband, for the loss of companionship and support due to his wife’s injuries. This brought down the maximum amount the workers’ compensation carrier could pursue to only $62,500 (half of the $125,000). From there, Attorney Lynch further negotiated the lien down from $250,000 to just $34,000. This reduction meant more than $200,000 stayed in our client’s pocket, significantly increasing the real-world value of her settlement.
If You’ve Been Injured at Work by Another Driver, You May Have Two Claims
In the end, Attorney Lynch’s dual-track legal strategy and refusal to settle for less than full value led to an outstanding outcome. Our client received $1,012,500, while her husband was awarded $62,500 for his loss of consortium claim. On top of that, Atty. Lynch successfully negotiated a reduction of the workers’ compensation lien by more than $200,000. This result gave our client, who could no longer work in her previous career, the financial resources to support herself and adjust to her new reality.
Many people are unaware that if you’re injured on the job by someone outside of your company, you may be entitled to both a workers’ compensation claim and a third-party personal injury claim. Pursuing both can make a life-changing difference in your recovery and financial stability.
If you’ve been hurt in a work-related accident, especially one involving another driver, call Joye Law Firm today for a free consultation. Our team knows how to navigate these complex, overlapping claims and will fight to make sure you recover every dollar you’re entitled to.
Disclaimer: Past results do not guarantee future results.
