All lawyers do not view cases the same way.  Some see opportunity for their client where others see only failure and waste of time.  At the last minute, we replaced the original injury attorney and turned a complete loss into substantial client compensation.

With Time Running Out, We Filed Suit

Lipkin & Apter was contacted by B.A. shortly before the Statute of Limitations was set to expire.  Her prior attorney had handled her car accident case for quite some time, but made it clear he did not believe enough in it to file suit.  Moreover, his efforts to negotiate a settlement pre-suit proved futile, and the insurance company for the person who caused the accident made no offer.  A quick review of BA’s medical records indicated to us that her case had merit, and we filed suit without delay.

Extensive Medical History

BA had a most unusual past.  As a young adult, she was athletic and sports minded, playing competitive soccer.  As she aged, her weight ballooned to 280 pounds while standing 5’3”.  She underwent 30 surgeries on her knees alone, in addition to orthopedic surgeries on other parts of her body.

Motor Vehicle Accident Victim

BA was involved in an accident when the car she was driving was rear ended by a pick up truck. The speed at impact was more than 30 mph, knocking her car (which was stopped at a traffic light) several feet into the car in front of her.  The damage to her vehicle amounted to more than $9,000. BA was on her way to a hospital before the accident for treatment of cellulitis.  She was hospitalized for this condition, and while there, complained of pain in her left shoulder.

BA had previously  undergone 2 arthroscopic surgeries on her left shoulder, the last one only  9 months before the car accident. An MRI showed a left torn rotator cuff, an injury which not present during her past shoulder surgery. A shoulder replacement was recommended and performed shortly thereafter. While that surgery was a success, BA continued to have daily pain.  She was placed on a permanent 25 pound weight lifting restriction.

Pre-Trial Settlement Conference During Pandemic by Zoom

Following only two depositions- BA’s and the defendant driver’s- the defendant’s insurance company recommended a pre-trial settlement conference.  This is a procedure whereby the attorneys submit documents to the court, outlining their case.  There is no live testimony, no jury, and no obligation by either party to settle. The judge listens separately to what the attorneys say, and solicits a series of counter demands and offers. The pre-trial here was conducted by the judge via Zoom.  After approximately an hour and a half, the defendant raised its offer from $150,000 to $405,000, which BA accepted, ending her case.

Contact Us Now

If you have been seriously injured as a result of other’s actions, contact the lawyers at Lipkin & Apter for a free and prompt evaluation. Do not wait to act.