Our client, active and in her 90s, was playing in a ladies’ golf league in Palm Beach County, Florida. After her round, she was riding in a golf cart to the exit area. As she got out and began walking toward the clubhouse, the cart’s driver backed into her, knocking her to the ground and breaking her elbow.
Because of the risks surgery posed at her age, our client could not get a durable surgical fix for the fracture and had to let the elbow heal on its own. She was sidelined from the active lifestyle she loved for several months before she could return to the golf course.
The golf cart driver’s insurance company tried to shift blame elsewhere and argued that our client’s strong recovery meant her case was worth little. The insurer lowballed her with an initial offer of just $30,000, so we filed suit.
The case was heavily contested, but we ultimately turned that $30,000 offer into a settlement of over $150,000.
Key Takeaways
- A golf cart driver backed into our 90-year-old lady, breaking her elbow.
- Due to her age, she could not safely undergo surgery and had to heal without a durable fix.
- She was sidelined from her active lifestyle for several months.
- The insurer lowballed the claim at $30,000 and disputed its value.
- KL filed suit and secured a settlement of over $150,000.
Why the “Good Recovery” Argument Didn’t Hold Up
Insurance companies sometimes argue that a strong recovery means a case is worth less, even when the injury caused real pain, disability, and lost time. In this case, the insurer pointed to our client’s resilience as a reason to minimize her claim.
KL pushed back by documenting what she went through: a serious fracture, months without use of her arm, and permanent changes to how the injury had to heal because surgery wasn’t a safe option at her age.
KL Turned a $30,000 Offer Into a Six-Figure Settlement
A lowball offer is often a starting point for negotiation, not a final answer. When the insurer offered $30,000, KL filed suit and prepared to litigate rather than accept a number that didn’t reflect the real impact of the injury.
The case was heavily contested, but continued pressure and thorough documentation of our client’s damages ultimately secured a settlement of over $150,000 — five times the original offer.
FAQs
Liability typically depends on how the accident happened. A golf cart driver who fails to check for pedestrians before backing up or moving may be found negligent.
Yes. An injury doesn’t have to be surgically repaired to support a significant claim. Documentation of the injury, treatment, and how it affected daily life still matters.
Insurers sometimes use recovery as a way to minimize damages, even though pain, lost time, and lasting limitations can still justify meaningful compensation.
Yes, especially when the insurance company disputes the value of the claim. Filing suit can create pressure that leads to a stronger resolution.
