Home Success Stories Auto and Truck Accidents Aggravation of Pre-Existing Condition

Success Stories

$775,000 Recovery - Seminole County - Aggravation of Pre-Existing Condition

Brenda Doe, a native of Michigan, was visiting Central Florida with her employer, Pharmacia Upjohn. Brenda, a 52-year-old executive secretary, was a passenger on a bus that was involved in a rear end accident. At the time, the accident seemed to be only a minor "fender bender." Indeed, at the scene of the accident Brenda was the only person in either vehicle that reported any injuries.

Following the accident, Brenda was evaluated at a local hospital where x-rays of her neck and back were interpreted as negative. When she returned to Michigan, she was evaluated by her chiropractic physician and ultimately referred to an orthopaedic surgeon for a complete work-up.

An MRI performed many months after the accident revealed that Brenda suffered a ruptured disc in her lower back. Routine surgery unfortunately failed to relieve her pain and Brenda ultimately underwent spinal fusion surgery to stabilize her low back and obtain relief of the chronic back pain.

Attorney Jim Cunningham represented Ms. Doe. Once in litigation, Mr. Cunningham persuaded the trial court to enter pre-trial orders finding the bus driver and his employer liable for causing the accident. The bus company then disputed the relationship between Brenda's injuries and, as they claimed, the "very minor" accident. They pointed to the fact that Brenda had other prior incidents and had treated for low back injuries and symptoms for more than ten years before the bus accident in question.

With liability not an issue, Jim Cunningham knew the battle would be over the medical testimony. The bus company hired a doctor who examined Brenda and testified that Brenda's problems were a result of conditions which existed before the accident and that the surgery was related to her pre-existing conditions. In short, the accident had nothing to do with her chronic pain. However, a spine specialist from Kalamazoo, Michigan testified that Brenda's problems related to the accident and, shortly before trial, Mr. Cunningham was able to achieve a settlement of her claim for $775,000.

View More: Personal Injury Success Stories

Martindale Hubbell | Highest Ethical standing
  • Walt Disney World Claims Department Employee

    “I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true as Mr. Cunningham helped me win my case to a full and maximum settlement.”

    - a Personal Injury client

Client Testimonials

5 StarsGreat Service (auto accident)
After totalling my vehicle my father recommended I retain Mr. Cunningham. A little online research lead us to Mr. Cunningham who made this case an easy process and educational. I recommend Jim Cunningham. He is doing a great service. Tyrone, an Auto Accident Client

5 StarsOutstanding Attorney
I was in an automobile accident and didn't know where to turn. My son-in-law recommended James Cunningham and I am so happy I took his advice. James and his staff were very professional and compassionate in guiding me through a difficult time. I highly recommend him. Hilda, an Auto Accident Client

5 StarsExcellent Service
Mr Cunninghan was a consientious, competant attorney and very professional. His service was excellent and we would recommend him highly. Barbara his assistance was also excellent in her services to us both. Lawrence, a Car Accident client

Read Reviews