Our client, a woman in her fifties, had a long-standing history of prior injuries including prior surgery to her spine, and extensive care to her neck, back and wrists. These were the precise injuries we secured compensation for.
While New York Law does not permit a recovery for injuries that predate an accident, it does permit a recovery for the “exacerbation and aggravation” of those injuries. Essentially you must prove a worsening of the conditions attributable to the accident or incident.
Through sophisticated medical analysis, use of top flight experts, and diligent legal work, we were able to establish that our client was asymptomatic prior to the accident we represented her for, despite her 15-year history of treatment.
Our office also scored numerous legal victories that helped secure this outstanding recovery. We obtained summary judgment on the issue of liability. This meant the sole issue the jury would decide would be the amount of damages. We also obtained preclusion of the defendant at the time of trial which meant the defendant could not testify and challenge the plaintiffs version of the incident, the force of the impact, or the appearance of the plaintiff following the accident.
We proceeded to a mediation at NAM (National Arbitration and Mediation). Through aggressive negotiation and a trial presentation we secured a settlement of $1.5 million dollars for an exacerbation and aggravation claim. This money brings our client well-deserved compensation and a pound of justice.