35-year old accident victim wins $2.7 million judgement after insurance company didn’t take case seriously, says Philadelphia car accident lawyer, Rand Spear.
Philadelphia car accident lawyer, Rand Spear, helped a 35-year old accident victim obtain a $2.7 million verdict. The defendant’s insurance company refused to take responsibility for the injuries so the jury imposed that liability on it. Spear discusses the case on a podcast available on YouTube.
The client was involved in an accident that occurred at an intersection. Defendant offer a small amount to the plaintiff claiming it was the plaintiff who caused the accident. “With any case there’s two parts to the case. There’s the liability part where who caused the accident and who is responsible is decided. In some instances both people can be responsible for causing an accident,” Spear says.
Once a jury decides which party is liable for what share of the damages the amount of those damages needs to be determined. “It was an accident at an intersection and the defendant took the position that they were not responsible, that our client ran the red light and caused the accident,” Spear says, “I really thought that was a foolish position for them to take but insurance companies fight vigorously these claims and that’s really why you need to prepare, prepare and prepare.”
Spear says after explaining his client’s situation the insurance company only offered $5,000 to settle the case. “That was just such an insulting offer we made a decision that we were not going to let the insurance company push us around. We prepared our case, we prepared our client and we got ready to go to trial.”
Rand says his client suffered serious injuries including herniated discs in his spine, which has caused him severe pain and affected his nerves. “That’s a pretty significant finding for someone as young as 35 years old because you know when you’re 35 years old you have your whole life ahead of you.” The client had difficulty after the accident performing a lot of things the average person would take for granted.
Spear says at the trial he took the “high road” to tell his client’s story. “I believe that you put out the facts, you make your arguments and you know the truth will come out. We really believed in our client, he was very credible and I thought he made an excellent witness, gave an excellent presentation and we really did a good job cross-examining the defendant,” Spear says.
He says that thanks to the cross-examination of the defendant his explanation of the accident wasn’t believed by the jury. “It really wasn’t accurate, he really wasn’t being truthful.”
The jury looked at the life-long limitations and impact on the victim with the help of expert medical testimony. “We really want to explain to the jury what happened because you could look at someone and they look perfectly fine but a good physician is able to testify about injuries and limitations, we used models to show the injury to our client’s spine so the jury really understands exactly what happened.”
Another expert used in the case was a vocational expert. That person takes a detailed work and education history from the client, looks at government records and statistics and forms opinions as to what impact this type of injury is going to have on the victim’s future ability to make a living.
“Because our client was only 35 years old we were able to put up some significant numbers to show that as a result of this accident and his injuries the client was really going to have a significantly diminished earning capacity. The jury understood exactly what we were explaining and through detailed analysis we were able to establish how much money our client was going to lose,” Spear says.
Given the client’s injuries, resulting lifelong disabilities and expected financial losses due to limitations on his ability to make a living the jury decided the claim was worth $2.7 million. “That’s tremendous and that money will help him for the rest of his life in dealing with his injuries and his inability to earn money like he could have if he wasn’t injured.”
“That’s what we’ve been doing for more than 30 years. Our reputation is that we take cases to court if we can’t get a reasonable settlement from the insurance company. But if the insurance company is just not being reasonable and recognizing the extent of our client’s injuries and the life impact of those injuries we really go to bat for the client and do everything we can to get them the money they deserve.”
If you or a family member suffered an injury due to a vehicle accident Philadelphia car accident lawyer Rand Spear is available to help those living in Pennsylvania and New Jersey. His phone number is 888-373-4LAW.