Rear-end Collision Results in $6M+ Verdict Despite Prior Injury
The expectation while operating a vehicle is that all drivers will be paying attention and operating their own vehicles in a safe and vigilant manner, staying alert and responding to traffic lights appropriately. For Charles Wisell’s client, his stopped vehicle should have warned those behind him to also slow and stop; however, the driver of a construction truck failed to stop, slamming into the client’s vehicle from behind. The client had been injured nine years earlier in a work-related accident and had a fusion at C5-6, but was asymptomatic prior to this new collision. He was now experiencing severe pain in his neck and it was found that he suffered herniations at C2-3, C4-5 and C6-7, as well as at T-12 and T2-3. Conservative treatment was attempted, but the pain, numbness and diminished range of motion continued, so they attempted to control it with pain management. Eventually, his surgeon had to perform a two-level cervical fusion and arthroplasties at C4-5 and C6-7.
More than four years later, the client still experiences deficits in his range of motion, as well as significant pain and continued numbness and tingling in his left arm and singers. He has been diagnosed with Failed Cervical Surgery Syndrome, Radiculopathy, Cervical Disc Displacement with Facet Arthropathy, and Cervicalgia. His injury is now considered permanent and he will require extensive care throughout his life to be able to function, including possible future surgeries.
Regardless of the prior injury and cervical fusion, Mr. Wisell and his team were able to show that it was the new injuries causing their client’s pain and suffering. There was also the challenge of very little exterior damage to the client’s vehicle, but interior damage was extensive, which helped support the injuries caused by the collision. Mediation was not successful with a request for $3.5M, so Mr. Wisell came to Focus Graphics to request several exhibits showing what his client had to endure. It was decided to do a surgical illustration of the cervical arthroplasties, as well as the post-op fluoroscopy and a pain management summary. The client was awarded over $6M at trial.
“There is never any doubt in my mind that we need visual aids to help get across to the jury what our clients have experienced and, in this case, the pain our client still suffers to this day. We can always count on Focus Graphics to provide whatever we need, whether a full animation or simple illustrations. Our firm has used them on over a dozen cases and will continue to do so because bottom line, the exhibits they create increase our results, whether settlements or verdicts.”
~Charles E Wisell, Esq., New York, NY | Lipsig, Shapey, Manus and Moverman, PC
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