Automotive Defense - Pre-Existing Conditions

The plaintiff alleged approximately $175,000 in economic and non-economic damages as the result of a moderate impact rear-end accident.  Smith Freed & Eberhard was retained to represent the defendant, who admitted liability but disagreed with the asserted damages.

Prior to trial, in effort to avoid further litigation,  the defendant offered  the plaintiff $25,800 inclusive of PIP benefits. The plaintiff, however, rejected the offer, refusing to accept less than the applicable $100,000 policy limit.  Trial proceeded and, by carefully analyzing the plaintiff’s medical records, avidly cross-examining the plaintiff’s witnesses and presenting credible expert testimony, Smith Freed & Eberhard successfully demonstrated to the jury that the plaintiff’s symptoms were largely the result of pre-existing injuries. 

Accordingly, the jury returned a verdict for a mere $15,000 in medical expenses and $5,000 in non-economic damages.