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Substantial Settlement Attained by Former Defense Attorney for Woman Injured in MVC

The engine of a young driver’s black BMW roared as he sped through Thousand Oaks, California. He traveled down Erbes Road, stopped at an intersection, and waited to make a left turn onto Avenida De Las Flores. He was given an unprotected green light and raced to make a left turn – right into the path of a family’s Honda Pilot who didn’t see him coming. His car collided with the vehicle, spinning numerous times before coming to a stop.

Colleen, a nurse and a mother of two, was asleep in the front passenger seat of the SUV, on the way back from a family outing. Suddenly, she awoke to metal crushing and glass shattering around her. As the force of the collision whiplashed her forward, she gripped her seat and braced for a second impact with the southwest curb. Her vehicle climbed over the cement and stopped in the grass. As smoke rose from under her car’s hood, she looked to the back seat and found her children visibly shaken from the traumatic experience. When first responders arrived on the scene, she complained of sharp pain in her neck and chest but refused ambulatory services.

Colleen’s pain worsened over the next week. Her husband accompanied her to a hospital where she reported pain radiating throughout her neck and back. She was given painkillers like Norco and Soma, but they failed to alleviate her symptoms. She knew there was something wrong. Attending physicians ordered several MRI’s that revealed a C5-C6 disc displacement, cervical radiculopathy, and vertebral fractures. Her aches continued and she required her first of what would be many trigger point injections.

A friend of Colleen's referred her to former Defense attorney, Mark Cunninghamof MCIS Lawyers. Mark had previously built a career as a Defense attorney for insurance companies, representing behemoths such as Mercury and Progressive. Advocating for Plaintiffs now, Mark uses his understanding of the insurance Defense “playbook”, anticipating their core arguments:

  1. The Plaintiff has a pre-existing condition that is unrelated to what the claim is in the case,
  2. The Plaintiff is faking the condition,
  3. The Plaintiff’s doctors recommend treatment that is not reasonably necessary.

Mark encouraged Colleen to continue with conservative medical treatments to relieve her pain.

For nearly two years, Colleen endured a myriad of treatments: more trigger-point injections, physical therapy, acupuncture, and visits to the chiropractor. But her pain persisted. Her injuries concerned doctors, who recommended an invasive cervical discectomy. This procedure would remove her cervical disc and replace it with an artificial one that would need future revisions. Unfortunately, her insurance denied any coverage for the procedure. With no options left, Colleen was forced to pay for the surgery out of pocket. Amazingly, her surgeon agreed to treat her at an extraordinary discount, due to her career as a nurse.

Because of her unconventional medical expenses and long timeline of medical care, Mark needed a way to streamline the perplexing information into an easy-to-understand presentation. Mark called on DK Global to create a slideshow that presented the collision, Colleen’s mechanism of injury, and the numerous medical procedures she underwent. One step ahead, Mark also collaborated with DK Global’s team to create a slide that listed the Defense’s arguments he prepared to refute. Notably, Mark retained a metallurgy professor from Texas who would testify in trial that the metals placed in Colleen’s spine will eventually erode and need future replacement.

Mark confidently shared the DK Global demonstrative for the Defense to review before trial. Upon careful analysis, the Defense realized it would be in their best interest to mediate the case before the presentation is shown to a jury who may award a larger verdict than they anticipated.

Mark entered mediation with the Defendant’s insurance company, securing a substantial confidential settlement for Colleen to compensate her for the harm she suffered.

Mark Cunningham of MCIS Lawyers is a proud ABOTA member with over 35 years of experience as an attorney. Mark has a unique history as a defense attorney for large insurance companies. Knowing how to be one step ahead of the opposing counsel, his firm has secured just and fair compensation for their deserving clients. Mark has handled and litigated thousands of cases, specializing in severe auto accidents that resulted in catastrophic injuries and wrongful death.

"I had reached out to DK Global because of their reputation in providing very strong visuals for trial. As a trial lawyer, I know that visuals are extremely important."
Mark Cunningham - MCIS Lawyers
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