Our client a 67 year old homemaker, was involved in an accident on the BELT Parkway. At the time of the accident, our client was on the way to see a chiropractor to treat her for whiplash when she was side swiped by one car and hit from behind by another. The defendants contended the accident was the plaintiff's fault because she rear ended the first car and the second car could not stop in time. As a result of the accident, our client suffered aggravated whiplash. She had whiplash from an accident that occurred only four months before, and had claimed neck and back injuries from an accident in 2001 as well.
The defendants refused to make any offer of settlement and the case proceeded to trial. A Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney took the case to trial. During trial, the firm was able to elicit damaging testimony from both defendants, who blamed the accident on each other. Additionally, the firm was able to demonstrate to the jury that our client suffered aggravations of prior disk herniations in her neck, and showed the jury prior MRI studies that showed only three of the five disks that were injured in this accident were injured in a previous accident. Furthermore, the firm was able to convince the jury that due to these additional two disk herniations, our client was seriously injured because she was unable to perform her usual activities as a homemaker. The jury returned a verdict in our client's favor awarding her $120,000.