Wingate, Russotti, Shapiro, Moses & Halperin, LLP obtained a $2,250,000 settlement on behalf of a client whose motor vehicle, while stopped, was struck in the rear by the driver of another motor vehicle in the Bronx.
While liability was not disputed by the defendants, the amount of damages and injuries sustained by our client was challenged. As a result of the accident, our client sustained permanent injuries to his neck and back, causing him severe pain and disability. Following conservative medical treatment, which included physical therapy, our client ultimately was indicated for neck surgery. As a consequence of these injuries, the plaintiff underwent one surgery to his neck to, one surgery to his shoulder, and had not yet returned to work. His shoulder surgery was required to repair a torn labrum resulting from the accident. Following an initial neck surgery to repair neck herniations, including the implantation of metal hardware to stabilize and fuse the neck, the plaintiff was diagnosed with a loose screw that occurred within the original hardware structure.
The defendants contended that the plaintiff’s injuries were not caused by the accident or significant in nature. They also argued that the injuries the plaintiff claimed he sustained as a result of the accident were pre-existing as he had been involved in a couple of accidents prior to the accident WRSMH represented him in against these defendants. The firm demonstrated through medical evidence that the plaintiff’s injuries were serious and permanent in nature, and that the diagnostic tests, including MRI’s showed that his physical condition had changed from the time immediately following his prior accidents as a result of this accident. The firm was able to show that this accident resulted in causing the plaintiff’s medical condition to significantly worsen, thereby making his neck surgery necessary and causally related to the defendants’ negligence, and that our client would likely need future surgery to address his injuries resulting from the accident. The settlement was reached during an extensive private mediation, prior to trial.