Preexisting medical conditions can linger for years and be the root of moderate pain, but what happens when you are involved in an auto accident that causes the injury to intensify? The lawyers of Lipkin & Apter were able to successfully represent an auto accident victim with a preexisting knee condition, obtaining a $300,000 settlement on his behalf. Learn more here:
The auto accident lawyers at Lipkin & Apter represented a client that was a 36 year old male, married, and father of two, referred to us by another Illinois law firm for injuries sustained in an auto accident in suburban Chicago. He had been employed for several years as a sheriff with the Cook County Forest Preserve District, he was on his way home from a night shift at work when the auto accident happened.
History of Prior Knee Injury
When our client was a teenager, he tore the meniscus and ACL in his knee playing basketball, and had surgery. He made a good recovery, and resumed playing sports and working out in a gym. Occasionally, he would feel some pain. About 3 months before the auto accident, he had some swelling in his knee, and went to a doctor once for a cortisone injection. He lost no time from work, was placed on no restrictions, and given no medication.
The Auto Accident
As our client was driving down a four-lane Illinois road, another car made a sudden turn to enter a gas station. To avoid contact, our client slammed on his brakes, extending his right, previously injured knee. He immediately felt pain and swelling, and was taken to a local hospital. He followed up a week later with the orthopedic surgeon who had operated on his knee years earlier. An MRI was taken which showed a torn meniscus, and torn ACL. He was referred to another surgeon who specialized in reconstructive knee surgery, which occurred a year later.
The Personal Injury Case
The defendant denied liability for the auto accident, and further denied that the accident resulted in damage to our client’s knee. The insurance company for the defendant hired an expert witness - an orthopedic surgeon - to testify at trial that our client’s knee had undergone degenerative (i.e. arthritic) changes, and while he found no fault with the decision to operate, believed the reason for the surgery was due to degeneration, not the car accident.
Successful Resolution: $300,000
The auto accident case was presented to a jury. We called our client’s former and current surgeons as witnesses, who agreed that since he had been doing well for so many years before the accident, and became symptomatic immediately following the auto accident, that the damage to his knee and the need for surgery were a direct result of the accident, and the need for surgery. We also learned, and explained to the jury, that the defendant’s expert was something of a professional witness, earning several hundred thousand dollars a year from testifying in legal cases. The jury found for our client.
Injuries that are caused by an auto accident can be frustrating and impact your normal life. The Chicago, IL personal injury attorneys of Lipkin & Apter will work for you, to ensure your auto accident case is handled properly and justly.