The Case
An IT consultant was injured in an automobile collision that damaged the ligament in his thumb. The injury caused lasting pain that affected both his daily activities and his ability to play golf.
Thumb injuries can be surprisingly debilitating. The thumb is essential for gripping, typing, lifting, and countless other tasks. Even after treatment, ligament damage can result in chronic pain, weakness, and loss of range of motion.
For someone who works on a computer and uses their hands constantly, thumb pain affects job performance and quality of life. The loss of recreational activities like golf adds to the overall impact.
The plaintiff pursued a claim against the at-fault driver’s insurance company.
The Defense
Despite clear liability—meaning fault for the accident was not seriously disputed—and agreement among medical providers about the nature and permanence of the injury, the insurance company offered a settlement that drastically undervalued the claim.
This is a common tactic. Insurance companies sometimes lowball offers even in clear liability cases, betting that plaintiffs will accept less rather than go through the time and expense of further proceedings.
The Resolution
The case proceeded to arbitration, a process in which a neutral arbitrator hears evidence and issues a binding decision. The arbitrator awarded $135,000—nearly double the insurance company’s settlement offer.
The arbitration award reflected the actual impact of the injury on the plaintiff’s work and daily life, not the insurer’s initial calculation.
Why These Cases Matter
Not all injuries are catastrophic, but that does not mean they are minor. Chronic pain, loss of function, and inability to participate in activities that bring enjoyment all have real value.
Insurance companies often make unreasonably low offers, hoping claimants will accept them rather than fight. When liability and medical causation are clear, as they were here, these lowball offers are not based on the facts—they are based on a calculation that many people will settle rather than pursue the claim further.
Arbitration and litigation are tools that level the playing field when insurers refuse to make fair offers. In this case, the arbitrator’s award validated what the medical evidence and the plaintiff’s testimony showed: the injury was real, permanent, and worthy of fair compensation.
If you have been injured in a collision and the insurance company is refusing to make a reasonable offer despite clear liability, contact us to discuss your options. We handle these cases on a contingency basis—there is no fee unless we recover compensation for you.