How We Turned a Denied Neck Injury Claim Into a $350,000 Settlement

A serious car accident changes everything in an instant. For many victims, the physical pain is compounded by a second, unexpected battle: fighting an insurance company that refuses to pay fair compensation. It is a common tactic for insurers to look at a victim’s medical history—especially for older adults—and claim that their injuries are simply the result of “aging” rather than the crash itself.

This scenario is exactly what happened to our client, Mr. G, a 68-year-old man from the Lehigh Valley. After a severe collision, he was left with life-altering injuries and an insurance company that refused to accept responsibility for the damage done to Mr. G’s spine.

At Kitay Law Offices, we understand that justice requires more than just filling out paperwork. It requires aggressive advocacy and a deep understanding of both law and medicine. Led by Managing Attorney Ryan Merrill, our team fought back against this insurance company tactic to secure a $350,000 settlement, ensuring Mr. G could cover his medical bills and move forward with financial security.

The Accident That Changed Everything

In March 2022, life changed for Mr. G. He was driving his Hyundai Sonata southbound on 15th Street in Allentown, Pennsylvania, a route he knew well. At the intersection with West Pennsylvania Avenue, another driver pulled out from a stop sign without proper clearance.

The other vehicle entered into the intersection directly into the path of Mr. G’s vehicle proceeding through the intersection with the right-of-way, causing a violent T-bone collision. The force of the impact was significant enough to deploy the airbags and leave Mr. G with immediate, severe pain. He was rushed to Lehigh Valley Hospital, where doctors began to assess the damage.

The diagnostic imaging revealed two major trauma sites. First, Mr. G had suffered a displaced fracture of the first metacarpal in his right hand—a severe break that required surgery with internal fixation (hardware) to repair. Second, and even more concerning, were the injuries to his cervical spine. MRIs showed herniated discs and spinal cord compression (myelopathy) at the C3-5 levels. The damage was so extensive that it required a complex fusion surgery to stabilize his neck.

Despite the clear evidence that these injuries were the result of the collision, Mr. G faced an uphill battle. The insurance company refused to accept that Mr. G’s neck injury and eventually fusion surgery was related to the motor vehicle accident caused by their insured.

The “Pre-Existing Condition” Trap

Insurance companies are businesses, and their goal is often to minimize payouts. In Mr. G’s case, the defense team latched onto his age. At 68, it is natural for individuals to have some degree of degeneration in their spine, often called spondylosis or arthritis.

The defense hired a medical expert who reviewed Mr. G’s MRI and argued that the neck issues were solely due to “moderate to marked spondylosis.” They claimed the spinal fusion surgery was “in no way related” to the car accident and was merely fixing a pre-existing condition that Mr. G would have had regardless of the crash.

This argument created a massive financial risk for our client. Mr. G had accumulated thousands of dollars in damages, including lost wages and medical liens. If the jury believed the defense—that the surgery was just for old age—Mr. G would have been left with crippling debt and no compensation for his life-altering neck surgery.

Building the Winning Legal Strategy

Attorney Ryan Merrill knew that to win this case, he had to scientifically dismantle the defense’s argument regarding “causation.” Under Pennsylvania law, a defendant must take the victim as they find them. This means that even if a person has a dormant or asymptomatic condition, the defendant is liable if their negligence causes that condition to become active and painful.

To prove this, Attorney Merrill collaborated with Dr. Daniel Cataldo, an Orthopedic Spine Surgeon, to provide expert medical testimony that countered the defense’s claim.

The “Straight Spine” Indicator

The defense argued that because there was no “acute” injury visible on the MRI (like a fresh bone fracture in the neck), the accident didn’t cause the damage. However, Attorney Merrill and Dr. Cataldo highlighted a critical detail on the CT scan: a “straightening of the cervical spine.”

A healthy neck has a natural curve. When a neck is subjected to acute trauma, the muscles often go into severe spasm to protect the spine, pulling it straight. This objective medical finding served as proof of a physiological response to acute trauma, not slow aging.

Proving the Timeline

Facts matter, and the timeline of Mr. G’s life painted a clear picture. Attorney Merrill emphasized that before March 2022, Mr. G was working full-time. He was active, independent, and had no complaints of neck pain.

Immediately after the defendant pulled into the intersection directly in front of his vehicle, Mr. G suffered severe pain, weakness, and balance issues. The surgery was not performed to fix arthritis he had for years; it was performed to fix symptoms that only appeared after the crash. Attorney Merrill argued that the accident transformed a “quiescent” (asymptomatic) spine into one causing debilitating neurological compromise.

The Result: A $350,000 Settlement

Attorney Merrill’s meticulous preparation and aggressive rebuttal forced the defense to re-evaluate their position. By effectively neutralizing the pre-existing condition argument, the risk of taking the case to a jury became too high for the insurance company.

As a result, Kitay Law Offices secured a $350,000 settlement for Mr. G.

This settlement accomplished three vital goals:

1. Compensation for Damages: It covered the outstanding medical liens and compensated Mr. G for the wages he lost due to his inability to return to work.
2. Validation: It forced the defense to acknowledge the reality of the injuries caused by the crash, rather than dismissing them as symptoms of old age.
3. Future Security: It provided Mr. G with the financial stability needed to move forward with his life.

Prior to the accident, Mr. G was an independent worker. Afterward, he required a walker and then a cane to move. While no amount of money can undo the physical trauma, this settlement ensured he was not left bearing the financial burden of another driver’s negligence.

Meet the Attorney: Ryan Merrill

The successful outcome of this case was driven by the expertise of Ryan Merrill, the Managing Attorney at Kitay Law Offices. Born and raised in the Lehigh Valley, Ryan has a deep connection to the community he serves. He graduated from Emmaus High School and Muhlenberg College before earning his law degree from Syracuse University.

Ryan concentrates his practice on personal injury law, specifically representing victims of motor vehicle accidents involving cars, trucks, motorcycles, bicycles and pedestrians. His approach combines compassionate client care with relentless courtroom advocacy. As demonstrated in Mr. G’s case, Ryan understands how to navigate complex medical disputes and challenge large insurance carriers to protect his clients’ rights.

Why Choose Kitay Law Offices?

Since 1995, Kitay Law Offices has been known as “The Law Firm With a Heart.” We believe that legal representation should be accessible, empathetic, and effective. Our mission is to advocate for those who cannot protect themselves, ensuring that every client receives a 5-Star experience.

We operate on a simple promise: If you don’t win, you don’t pay. We cover the upfront costs of litigation, from filing fees to hiring expert medical witnesses like Dr. Cataldo, so that financial barriers never stand in the way of justice.

Our team is stronger together. From our bilingual staff to our experienced trial attorneys, we work collectively to achieve the best possible outcomes for our clients. Whether we are negotiating a settlement or fighting in a courtroom, we are committed to excellence in every case we handle.

Don’t Let Insurers Dismiss Your Pain

If you or a loved one has been injured in a car accident, do not assume that a pre-existing condition disqualifies you from compensation. Insurance companies often use this as a scare tactic to lower settlements. As Mr. G’s case proves, with the right legal team, you can overcome these defenses and secure the justice you deserve.

You need a law firm that understands both the law and the medicine. You need an advocate who will fight for your future.

Contact Kitay Law Offices today for a free consultation. Call us at 888-KITAYLAW or fill out our online contact form to discuss your case. Let us fight for you while you focus on healing.