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Law Offices of Jordan & Associates, LLC Receives "Bad Faith" and "Unreasonable Delay and Denial" Federal Court Verdict for Car Accident Victim Fighting Her Own Insurance Company

Jordan Law recently obtained a Federal Court verdict for a young woman who was denied the compensation she needed for nearly six years. In the face of a multi-billion dollar corporation, our law firm helped her recover the money she deserved.

Six years ago, an uninsured driver rear-ended 19-year-old Samantha “Sami” S., who was driving to pick up her boyfriend at an airport. Sami was on a full-ride soccer scholarship to the University of South Dakota when the accident occurred. In the accident, Sami sustained abrasions and lacerations on her face, resulting in five stiches.

Sami’s parents had two million dollars in uninsured motorist coverage through American Family Insurance, which meant the insurance provider would cover any medical expenses caused by an uninsured motorist.

The following day, Sami’s parents noticed that she seemed confused and repeated herself on the phone – clear signs of a concussion. While Sami does not remember the weeks following the accident, she sought medical help from the hospital, where a CT scan revealed nothing about her condition.

Following the accident, Sami experienced neck pain but continued playing soccer. Radiologists eventually conducted an MRI, which also came back negative. She was told her that neck injuries need time to heal, and she should be patient.

Sami sought help from another doctor, a neurosurgeon. This doctor disagreed with the findings on the MRI that was conducted a year and half earlier. He conducted additional testing – a discogram. The test revealed a tear in a disc in Sami’s neck (C5-6) which had been leaking fluid into the epidural space toward her spinal cord. Doctors recommended an artificial disc replacement.

American Family Insurance offered no money to Sami to resolve her injuries. After filing a lawsuit against American Family, the insurance provider offered, $50,000 followed by and offer of $100,000, knowing that it would not even cover the full expenses of Sami’s surgery. Sami eventually used a finance company to pay for the medical treatment she needed and was determined to see her lawsuit through to trial if need be, and she would pay the finance company back, after the jury found in her favor.

For years, American Family refused to provide the money Sami needed to cover her medical procedure, even hiring “expert” orthopedic surgeons and neurosurgeons to show that she did not injure her neck in the car accident, or otherwise, did not need surgery.

In 2014, Sami underwent surgery to fix her injury. Our firm requested the doctors to conduct a video recording of the operation. During the procedure, the protective coating surrounding the spinal cord tore, allowing fluid into the area the surgeon was working.

The medical documentation was clear, and 100%. If Sami had received medical attention sooner, this tear would not have happened. Because the insurance company refused to provide the coverage it promised, the annular tear in Sami’s neck was left unattended, resulting in calcification and adherence of the dura (which coats the spinal cord) and resulted in a tear, and thus further complications during her surgery. Thankfully, this was on video.

Jordan Law brought Sami’s case before a 10 person jury, which understood the connection between Sami’s injury and her accident several years before. The jury ultimately found that American Family Insurance delayed or denied the coverage Sami needed without a reasonable cause.

Including statutory interest and penalties, the final judgement should total approximately $2.5 million.