On the day of the incident, our client entered a grocery store to do some shopping. While in the store, two drivers collided in front of the store. One of the cars careened through a plate glass store window pinning her against some shelves and badly injuring her.
An ambulance rushed the woman to Kingsbrook Hospital. Doctors treated her for extensive injuries to her head, neck, low back, left shoulder, left wrist, left hand and left foot. The car crash left her with two herniated cervical discs and a bulging lumbar disc.
Before entering settlement talks, it is important to carefully assess each case. The Schlitt Law Firm prepares a detailed case assessment that usually runs from 25 to 35 pages long. It includes an analysis of liability and damages, including a medical review from our nurse and intensive case law review. The case assessment calculates the value of the case. It is essential to know the value of the case before entering into settlement talks.
The driver who struck our client had a $100,000 in insurance coverage, yet our case assessment found it to have a much greater value than the policy. Knowing the value of the case that we could prove at trial, gave us a strong foundation for negotiations. The client was willing to settle the case for the full policy – $100,000 – but the insurance company only offered $20,000. That was not nearly enough to give our client fair value.
Attorney Schlitt recommended that to take the case to trial and the client agreed. The court broke the trial into two parts: liability and damages. After proving the driver’s liability for our client’s injuries, the case moved to the damages phase. Ms. Schlitt established the value of injuries through the testimony of our client and one her doctors and the use of medical records and medical diagrams. Successfully maximizing the value of damages requires familiarity with the medical issues and the ability to explain the issues in a clear and compelling fashion to the jury.
The defense wanted to argue that the injuries had a lesser value, but they were undone by Attorney Schlitt’s legal skills. Attorney Schlitt precluded the defense doctors from testifying due to lack of notice. That legal victory undermined the defense ability to contest damages. Attorney Schlitt’s argument won the day and the jury returned a verdict of $326,000.
It is always a great victory when an attorney can deliver a big win for a client. In this case, the preparation and development of the case and the trial work of Carol L. Schlitt delivered a huge and deserved victory for our client.
If you or a loved one has been hurt in a car accident case, you may want to consult a New York personal injury attorney experienced with car crash cases. At the Schlitt Law Firm, we would be glad to answer your questions and assist you. There is never a charge for the consultation. You can call us at 1-800-660-1466 or email us. You can also visit our website or read more on our blog, New York Law Thoughts.
The referring firm in this case, the Law Firm of Edward Vilinksy, is a general practice law firm located in Brooklyn, New York. You can contact them at 718-927-0100.
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
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