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Verdict Favorable to the Defense in a Motor Vehicle Accident with Admitted Liability

Karina I. Perez, of the Tampa office, obtained a verdict favorable to the defense in a case involving a motor vehicle accident with admitted liability. The Plaintiff had surgery and rejected policy limits. The independent medical examiner opined that the Plaintiff’s surgery was related to the accident, but felt there was no need for any future medical treatment. The defense radiologist contradicted the IME physician disputing causation for the surgery. The defense had to concede that the Plaintiff’s surgery was related to this accident, despite prior accidents and injures similar to what the Plaintiff was claiming in this case. In addition, the Plaintiff hired a life care planner who projected high future medical bills as to treatment. Paralegal, Shelly Ridge, was able to gather the Plaintiff’s medical records and assist with the prior medical history so they could be utilized on cross examination of the Plaintiff and in closing argument.

After a four day trial, the jury awarded less then the past medical bills, some past lost wages, no future wages or medical bills, and found the Plaintiff did not suffer a permanent injury. Due to a large set off for the adjustment of the medical bills, the net verdict is likely to be at or less than policy limits. A Proposal for Settlement had also been filed by Karina, thus depending on the setoff amount, we may be entitled to attorneys’ fees and costs.

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