Admitting Liability and Saving Costs

Claims Alleged: Personal Injury Resulting from Automobile Accident

Injuries Alleged: Knee, Head, and Hand Injuries

The Overview

Smith Freed Eberhard managed to save its client a significant amount of money in an automobile accident case that involved serious injuries to two plaintiffs.

The Background

Smith Freed Eberhard represented the defendant insured in this matter. The insured entered an intersection as the plaintiff’s vehicle was approaching and was T-boned. The insured admitted fault as she did not see the plaintiff’s vehicle before entering the intersection. Prior to the accident, both plaintiffs has not had any substantial medical issues. After the accident, one of the plaintiffs claimed a very serious knee injury that would require a knee replacement in the future. The second plaintiff, the driver of the truck, initially suffered from a serious head injury and later suffered from a serious finger injury that would need future surgeries.

The Strategy

The defense retained experts who found that the passenger plaintiff’s knee injury was in fact related to the accident. Another expert found that the driver plaintiff did not have a serious brain injury, but did have a serious hand and finger injury. In the absence of an expert’s testimony, settlement was the best option. Both plaintiffs demanded a significant amount of damages well exceeding the insured’s policy limits.

The Outcome

During settlement discussions, Smith Freed Eberhard was able to successfully negotiate an amount well below the initial demand and even the insured’s policy limit. Such expert navigation ended up saving the client a significant sum of money.