Two sisters were passengers in a car that was rear-ended, and each suffered painful injuries as a result of the accident. One sister sustained an injury to the intervertebral discs in her lumbar spine, and doctors diagnosed her as having herniations and bulges in her discs. She was treated with multiple injections to alleviate her pain. The second sister suffered from injuries to her cervical spine which is the neck area of the spine.
Fortunately, neither sister required surgery for their injuries, but the pain and suffering they experienced in the aftermath of the accident significantly impacted their quality of life.
They turned to the personal injury attorneys at Raphaelson & Levine for help. We looked at the circumstances surrounding the accident and determined they had a strong personal injury case.
Before the trial, the insurance company offered each sister $40,000. Our attorneys felt this was not acceptable because both sisters were limited by the physical injuries they sustained. Each woman was no longer able to perform the activities they did prior to the accident – the things that gave them the most meaning in their lives. While both women had previously sustained spinal injuries in an earlier car accident, they had been still able to function as they always had. They took care of their families and handled daily responsibilities. After the accident, this had all changed.
One sister was most proud of her role of being a mother to five children. After the accident, she was no longer able to take care of her children at the same level of care she had been previously able to do. The injury also impacted her emotional health as she felt she could no longer be the type of mother she always expected herself to be. The second sister found her neck injury limited her ability to successfully to perform her job of helping special ed kids, as well as impacting her other passion of giving aid to people through her church.
The case went to trial. During the trial, the counsel for the defense argued to the jury the injuries both sisters were suffering from resulted from the prior car accident. He presented his case by introducing evidence of previous emergency room visits and medical records. He also argued the current diagnosis for both sisters were related to earlier accidents.
Raphaelson & Levine went to trial armed with the resources of our firm and were effectively able to prove, notwithstanding prior injuries, the current accident was the cause of the sisters’ physical problems. The firm Trial Unit, led by Andrew Levine and Howard Raphaelson, along with the firm’s Associate, Steve Gershowitz, successfully argued any prior injuries the women sustained had been resolved. Our team successfully demonstrated to the jury it was injuries related to the accident in question that led to the significant decrease in quality of life for the two sisters.
After hearing the two sisters’ stories and the evidence presented by our attorneys, the jury was convinced the women had sustained significant pain and suffering and should be compensated.