From the desk of Barrie E. Bazarsky, Esq.
A gentleman was referred to me for injuries sustained in an automobile accident. He was in the first car of a four-car chain reaction. His car did not sustain much damage, but his complaints grew over time. First, he had headaches and then memory and other problems grew. His pain also grew and became unmanageable. He struggled to remain in the job he had held for 30 years but found that he could not concentrate enough. His relationship with his family was challenged by his cascading decline.
I have been doing this a long time, yet even I was shocked at the originally slow, but then considerable progression of his issues. He treated with a neurologist, orthopedist, massage therapist, chiropractor, acupuncturist, psychiatrist, pain management specialist, and anyone else he thought could alleviate his suffering.
He lost his job and was eventually found to be disabled by social security.
The fourth car in the chain started the whole thing and after time, “tendered” or offered its full $100,000 policy. (We will discuss insurance coverages in another blog).
As a result of that “tender” my client’s own insurance policy had another $150,000 available to him if I could prove his injury warranted it. I thought – no brainer! Not surprisingly, they did not agree. The highest offer they ever made was $20,300 out of the $150,000.
Since we were dealing with his own insurance company, I placed the case in arbitration – a faster, often better route. I hired his psychiatrist and chiropractor to testify. The psychiatrist, who could speak to the life altering depression and pain which was the result of the accident; and the chiropractor, as she had treated him over the longest time period.
The insurance company hired a neuropsychologist, who testified that my client was not being truthful. That testimony infuriated me! In cross examination I pointed out that this man was not a medical doctor (like the psychiatrist was) and only saw my client for a few hours while my experts had been treating him for years. Also, as the no fault carrier (my client was in his car at the time of the accident) the insurance company had him examined four times over three years and their own psychiatrist found him to be disabled from the accident. They never mentioned that!
I also prepare a full brief for each of my cases in arbitration, with a detailed argument for the case and attach all records and exams that I deem to place my client in the best light.
My client won every dollar of the $150,000 that was available (indeed, to get it, I had to prove the case was worth over the $250,000 total, which I did).
I choose to be a plaintiff’s personal injury lawyer – to fight for the “little guy” and to get justice for my clients. It is my passion.
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Information is given pursuant to the laws of the State of New York.