Robert B. Baker, Esq., Zimmerman & Frachtman
Zimmerman & Frachtman Settles Auto Accident Case for $1.95 Million
Parkland, FL – The law firm of Zimmerman & Frachtman obtain a $1.95 million dollar settlement for a South Florida client involved in an auto accident, who had pre-existing injuries and an extensive prior medical history. Fortunately, in Florida, the law recognizes claims for aggravation of a pre-existing injury.
Our client was traveling was traveling in Coconut Creek on Winston Park Boulevard and was trying to cross Lyons Road, when the defendant, who was traveling under the scope of work, disregarded the traffic signal, ran a red light, and caused a multi-car collision where hit another vehicle before crashing head on into our client’s car.
As a result of the crash, our client was rendered permanently disabled and unable to work. He has endured five surgeries on his left knee, including a knee replacement; three surgeries on his lumbar spine; two jaw surgeries; four ankle surgeries, including an ankle fusion; and suffered from high blood pressure. He also underwent extensive physical therapy.
The defendant was cited for running a red light and violation of restriction on his driver’s license. We litigated against the defendant and his employers, who were liable for the actions of their employee. The employer was negligent in the hiring and training of their employees driving their vehicles on public roadways.
What made this case complex was the pre-existing injuries and medical treatment of our client. In 1979, our client was involved in a head on collision with an automobile while he was riding a motorcycle and sustained catastrophic injuries to his back and vertebrae requiring extensive surgery and physical therapy. Initially left a paraplegic, he regained the ability to walk and returned to work, but suffered from extreme pain and discomfort. In 1995, our client re-aggravated his injuries while on the job while picking up a bag, requiring additional surgery on his back and spine. He returned to work but under constant pain and movement limitations. On his new job, he fell, causing a devastating injury to his lower back and now to his cervical spine (neck) in which he had to undergo extensive reconstructive. He ultimately was declared permanently disabled by the Federal government and could no longer work. Our client had constant pain, numbness and difficult walking.
In 2010, our client was involved in an automobile accident. We took on the daunting task of representing him. He had to undergo cervical surgery and lumbar surgery again to repair damage from the auto accident. Following considerable litigation and depositions of innumerable experts, our firm was able to obtain a settlement for our client from the insurance company for a total of $1,950,000.00. Significantly, this is probably the most difficult case the attorneys at the firm have encountered relative to such an extensive list of injuries predating a claim.
This case illustrates that although pre-existing injuries may affect the value of a case, they do not eliminate your right to collect compensation for injuries caused by the negligence of others. Don’t let insurance companies tell you otherwise!
Zimmerman & Frachtman , a Boca Raton / Parkland civil litigation firm, focuses on Catastrophic Personal Injury, Wrongful Death, Auto Accidents, Insurance Coverage, and Defective Products. The firm is headquartered at 6991 North State Road 7, Second Floor and may be reached at (954) 509-1900. Additional information about Baker Zimmerman & Perez, P.A. may be obtained from the firm’s website or follow us on Facebook.