Bicyclist Hit by Car
WRSMH Attorney Kenneth Halperin obtained an $800,000.00 settlement for a 42 year-old man who was injured when he was struck by a car while riding his bicycle.
The accident in question occurred in an intersection with both parties claiming that they had the right of way. Through our aggressive litigation practices we were able to obtain a Court Order precluding the defendant from testifying at trial because he failed to appear for a deposition within a specified time frame.
This enabled us to significantly enhance our bargaining position and obtain an extremely favorable settlement for our client because the defendant and his attorneys were claiming that our client was primarily responsible for causing the accident.
As result of the accident the man sustained a herniated disc in his cervical spine which required him to undergo a cervical spine fusion approximately 1 ½ years after the accident.
The case settled at a mediation where we presented our case to the defendant's attorneys and their Insurance Company. At the mediation our presentation included large blow-ups of x-rays depicting in detail the hardware that was fused into our client's spine. These dramatic pictures assisted in allowing the defendant's representatives to depict and understand our client's injuries through something other than medical records.
This presentation in part, helped Ken persuade the Insurance Company and their Counsel that they needed to make a significant settlement offer because if they did not they understood that our preparation would likely result in a significant jury verdict.