The Question of Permanent Damage
Jeremy Palma and Aaron Eagan
Evaluating the nuanced continuum of temporary and permanent bodily injuries is a challenging matter—but it proved critical in a recent auto accident case victory for our team.
In this case, Rissman attorneys Jeremy Palma and Aaron Eagan obtained a favorable result in a five-day jury trial concerning a vehicle collision.
The case arose from a motor vehicle accident that caused disabling damage to both vehicles. The defense admitted negligence prior to the trial.
Following the accident, the plaintiff claimed injuries to his neck, low back, and left shoulder, as well as a traumatic brain injury. He was treated with chiropractic therapy and eventually underwent a series of injections at a regional medical center. He was later treated at a secondary care center with additional injections and was evaluated on the matter of the brain injury.
The plaintiff had been involved in a prior motor vehicle accident wherein he claimed similar injuries, as well as a workplace accident that resulted in a low back injury. His expert witnesses correlated his injuries with the accident in question, but hadn’t reviewed any prior medical records or imaging.
At the close of evidence, the jury deliberated and ultimately returned a verdict awarding the plaintiff a fraction of the requested damages toward past medical bills. They also determined that the plaintiff hadn’t sustained a permanent injury.
The defense had proposed a settlement prior to trial, and plans to pursue attorney fees and taxable costs against the plaintiff. Special thanks go to fellow Rissman team members Aaliyah Din and Christina Aguiar for their support in achieving these results.