$750,000 Settlement in NY Motor Vehicle Accident Case

Car Accident - Passenger Injuries

Wingate, Russotti, Shapiro & Halperin partner Kenneth J. Halperin obtained a settlement in the amount of $750,000 for our client, a 33 year old woman, who was a passenger in a motor vehicle that was struck in the rear by another vehicle. We obtained summary judgment on the issue of liability and this matter involved damages only.

As a result of the accident, our client sustained a herniated cervical disc for which she underwent a one level cervical fusion followed by months of physical therapy. Our client missed approximately one month of work after the surgery and otherwise made an excellent recovery.

The defendants argued that the injury and surgery were unrelated to this accident. Approximately one year prior to this accident, our client was in another car accident from which she sustained herniated discs in her cervical spine. She underwent physical therapy and medical treatment until approximately four months before this accident occurred.

Defendants hired several medical doctors to say that the injury for which the plaintiff had surgery was present on the MRI films taken in connection with her accident one year earlier. Our client's treating surgeon argued that the MRI films taken after this accident revealed a new injury to her cervical spine.

Despite the fact that there was another motor vehicle accident a year prior and conflicting medical testimony, Ken was able to secure a very favorable settlement for our client at a mediation conducted prior to trial.

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