WRSH Partner, Kenneth J. Halperin recently obtained a $300,000 settlement for a sixty five (65) year old woman who was struck by a bicyclist while she was crossing the street in Central Park. As a result of the accident the woman suffered an intracranial hemorrhage and a concussion as well as dental alveolar fractures that required root canal therapy and associated dental repairs.
The bicyclist admitted to the Police officer who responded to the scene of the accident that he was traveling too fast and could not stop in time to avoid striking our client. Despite the fact that denied making those statements at his deposition, WRSH attorney Mitch Kahn. was able to gain important concessions. He admitted his bicycling expertise as a triathlon athlete, he had completed a number of triathlons, was riding a bike specifically designed for tri-athletes and was in full bike riding gear at the time of the accident.
On multiple occasions during the course of litigation the defendant's insurance company sought to settle the case for a sum of money significantly below their insured's $300,000 policy limits. We advised them that there would be no negotiation and that either they would pay the policy, or we would go to trial. Finally one (1) week prior to trial they tendered the full amount of their insured's policy.