Recent Success Story

Posted on September 30, 2013

At Handy & Handy, we have successes every day. Our successes come in different magnitudes. We gauge our success on one thing, helping our clients. Sometimes, it is achieving a great result for a client at the end of the journey of their claim. Other times, it is obtaining much needed benefits at crucial times during a client’s recovery process. And others it is just lending a listening ear.

Recently, we took over a case from another attorney that had been handling a woman’s case for over three and a-half years. The case was well into litigation, discovery deadlines had passed and the court and the other party were pushing to set the case for trial. After securing an extension of time to conduct some discovery and to consult the necessary experts to address this woman’s condition, and after much thought and discussion, we decided to take the case. We knew that in taking the case at such a late stage that there was risk involved knowing that up to that point all of the necessary preparation had not been done. We got involved in the case primarily because we truly felt we could help this woman. We took the case with an eye toward going to trial.

After thoroughly reviewing this woman’s file and discussing matters with the opposing attorney, we learned that despite facts that seemed clear, that liability was being highly contested and that they were placing a percentage of fault on this woman. We also determined that this woman’s injuries had not been fully addressed and that she had not received all of the necessary treatment required for a full understanding of her injuries and damages. These were both crucial issues to be resolved and better understood in preparing for trial.

In June of 2009, this woman had been stopped at a red light. When her light turned green she entered the intersection and was stuck broadside by a vehicle that came from her left and entered the intersection on a red light. The force of the impact forced her off of the road and into a construction site where the road was being repaired. Despite these facts, the opposing attorneys contested liability asserting that somehow our client shared in the liability.

This woman injured her neck and back and had undergone a variety of treatments, including physical therapy, chiropractic care and pain management. We first took key depositions of the Defendants as well as the primary eye witness. Through these depositions, we obtained evidence that established that the Defendant was indeed liable for the accident. Despite earlier representations, the opposing attorneys later agreed that their client was liable.

We then found an expert/medical professional to examine our client and to review all of our client’s treatment to that point. After examination, a review of recovered and additional recommended testing, the expert concluded that this woman would need to have extensive spinal surgery and likely a follow-up spinal surgery in the future. This new information was imperative because it allowed us to fully understand the extent to this woman’s injuries, the treatment she was facing and the effect it would have on her for the rest of her life. This also gave us the necessary ammunition to present at trail in proving our client’s case and her damages.

Shortly after presenting this new evidence to the opposing attorney, we were able to settle our client’s case for the full insurance policy limit on the Defendant’s policy. Soon after we were also able to obtain the full policy limit of coverage on our client’s underinsured motorist policy.

We were very satisfied with the result because we were able to establish clear liability and have a full understanding of our client’s injuries and damages, which prepared us for trial. In the end, we were able to obtain all of the available coverages for our client and avoid a costly trial, which was in her best interest.

We also had a very satisfied client who was fairly compensated and can receive the necessary care she needs to recovery from her injuries.