E. Gregory M. Cannarozzi, Counselor- at- Law, L.L.C.
$ 937,500.00 Personal Injury Settlement (Bergen County, NJ Superior Court)
Special Ed teacher involved in a traumatic MVA rear-end hit, who suffered multiple injuries principally to her head, neck and shoulders. Plaintiff underwent bi-lateral TMJ surgery, two-level cervical disc fusion with a graft, and bi-lateral arthroscopic shoulder surgery. The medical bills exceeded 1.3 million dollars. After extensive discovery conducted over two years, the Plaintiff was ultimately successful in obtaining on formal motion, partial summary judgment on liability.
Due to the fact the Plaintiff was post-surgically permanently restricted from lifting heavy objects over a designated weight limit, she was thus unable to perform her requisite job duties and consequently her employment was terminated. Based on the economic, vocational, and Day-In-Life expert opinions, her projected economic losses far exceeded the demand for the Defendant to surrender its commercial policy limits of a $1 million dollars.
I proceeded to the court ordered pre-trial settlement conference several days before the designated trial date, but the Defendant’s insurance carrier continuously refused to provide a realistic settlement offer taking the position that my client’s economic and
non-economic losses were neither significant nor causally related to the MVA, despite potential exposure three times beyond their limits of liability coverage.
The Plaintiff’s auto insurance PIP med pay of $250,000.00 was exhausted, and since there is existing medical health insurance coverage available, the medical liens are compensable resulting in a substantial net recovery for the Plaintiff, hopefully, alleviating her of further economic, mental, and emotional injuries through which she has struggled for more than three years.
The moral of the story is that in order to properly represent a seriously injured victim, as in this litigation, besides extensive trial and negotiation experience, it is imperative for a practitioner to empanel the most qualified team of medical, health and economic experts, since a trial advocate’s reputation as well as those of his/her experts provide substantial leverage against obstinate insurance claim adjusters when evaluating reserves and ultimate verdict exposure before a jury.