This case involved a 62-year-old female home attendant who was crossing the street on her way to work on November 3, 2011. As she was crossing Amsterdam Avenue pedestrian walk signal, the defendant made a left turn from the cross street onto Amsterdam and stuck her. Plaintiff had lumbar vertebrectomy surgery for her injuries. She never returned to work and currently uses a cane.
After depositions were held and demands made upon the insurance carrier to tender their $1,250,000 in coverage, the case was transferred to trial firm veterans, Mark Bernstein and Jennifer Gerdes to prepare for trial. The key to the settlement was that we had done all the work and we were ready to pick a jury. The insurance company faced the possibility of an excess verdict. The client received a great deal of money without having to be exposed to what a jury might have decided. More negotiations were held until parties agreed to settle the pedestrian accident lawsuit for $900K. Importantly, our attorneys were able to reduce a $200,000 lien owed by our client down to zero. Mr. Bernstein and Mrs. Gerdes were especially satisfied with this settlement because their efforts allowed our client to keep an additional $200,000 which otherwise would have been paid back to a private health insurance company.