When a 67-year-old Sterling Heights woman was catastrophically injured after a reckless driver pulled directly into her lane, the insurance company deployed their predictable playbook: deny, delay, and blame the victim. They claimed her devastating injuries were merely “pre-existing conditions” unrelated to the crash. They were wrong—and a Michigan court made them pay $2,000,000 for their obstruction.
This wasn’t a case about a minor fender-bender. Our client suffered life-altering trauma when the at-fault driver’s negligence turned her routine drive into a medical nightmare. The impact fractured her wrist so severely it required surgical hardware placement, leaving permanent scarring and deformity. She developed complex regional pain syndrome (CRPS), a debilitating condition that causes excruciating chronic pain. The crash also triggered shoulder adhesive capsulitis—commonly known as “frozen shoulder”—along with nerve damage requiring additional surgery.
The insurance company’s strategy was as cynical as it was common: exploit our client’s age to suggest her injuries weren’t really caused by their insured’s reckless driving. But Michigan law is unforgiving toward this tactic. Under the “eggshell skull” rule, an at-fault driver and their insurer must take their victim as they find them—even if injuries are more severe due to age or pre-existing conditions.
We assembled an overwhelming medical record demonstrating causation through orthopedic documentation, EMG studies, pain management reports, and therapy notes. Our investigation proved the crash directly caused each of her conditions: the fractured wrist, the CRPS, the frozen shoulder, the nerve damage, and the resulting depression and anxiety. We documented her extensive medical bills, wage loss, need for attendant care, and household replacement services—painting a complete picture of how one moment of negligence destroyed her quality of life.
Faced with irrefutable evidence and our willingness to take the case to trial, the court awarded our client the full $2,000,000 judgment, including past and future pain and suffering damages, interest, attorney fees, and non-economic losses. Additionally, she received separate compensation from Progressive Insurance’s no-fault PIP benefits covering wage loss, attendant care, household services, and medical expenses.
This victory reinforces a critical principle: insurance companies cannot escape their obligations by exploiting a victim’s age or medical history. When they refuse to honor valid claims, we take them to court and make them pay what’s owed.