$300,000 Settlement in Montgomery County – Immediately before jury selection.
$300,000 settlement achieved for victim of rear end motor vehicle accident who suffered operated cervical herniated disc.
The pre-trial offer, two weeks before Jury selection, was $15,000. The striking defendant was insured by Allstate. The rear end accident, which resulted in minimal property damage.
Complicating the case greatly was that our client had a 5 year history of severe neck pain, including having suffered a neck injury in a previous serious car wreck for which he underwent surgery for a herniated cervical disc. Therefore, connecting the herniated disc to the this rear end hit was the difficulty.
However, by combining the expertise of a neuro-radiologist and two neurosurgeons, each of whom compared actual MRI films of the cervical spine from after the first accident and another after the recent rear end hit, the herniated disc was observed only in the newer film and could therefore be connected to the recent accident.
Even though these experts had written reports regarding their conclusions in the years before trial, it was not until after Baratta, Russell & Baratta (BRB) obtained their video-taped trial testimony in the week before trial that defendant (and Allstate Insurance Company) realized that BRB would be able to present a compelling case.
Result: $300,000 before jury selection
Attorney: Anthony J. Baratta of Baratta, Russell & Baratta