Facts and a solid presentation can be a powerful combination. Consider a case where the plaintiff alleged injuries to his neck, back, teeth and shoulder following an accident where our insured driver had failed to yield before merging into his lane, hitting the driver’s side of the plaintiff’s vehicle.
Immediately following the accident, the plaintiff visited the dentist and had a tooth extraction and a root canal. One month later, he began a series of treatments for his neck and back. After Canal reviewed the plaintiff’s medical records, it was clear that this latest round of treatments certainly were not his first. The plaintiff’s records revealed frequent past hospital stays and trips to the emergency room for other treatments, from back and tooth pain to abscesses and staph infections. And following the disputed accident, he was involved in two more accidents.
Canal contended that the balance of damages were attributable to the plaintiff’s later accidents. Settlement negotiations began, but the plaintiff attorney rejected Canal’s offer. A pre-trial conference also failed when the plaintiff refused to settle and demanded his “day in court.” Canal suggested trying the case – and ultimately, the jury came back in less than an hour with a zero verdict.
Not only was this a successful win for our insured, but it underscores the fact that some trials definitely are both necessary and fully warranted.