Newsletter
Dear clients and friends,
We want to extend our best wishes to you.
While we have continued to repeatedly achieve many thousands of impressive results over the past almost 30 years, we also update our clients below with some of the more interesting ones, as we continue to fight hard and achieve unprecedented results on behalf of all of our clients. No other attorneys have ever achieved such results, especially for soft tissue, problematic cases, with no surgery, no fracture, or simple laser procedures, in minor impact accidents.
Below are just a few of our office’s recent noteworthy case resolutions in the past few months:
$2.945 Million Jury Trial Verdict ($4.2 Million Total, Including Interest) (Verdict date Oct 22, 2025) for 42 year old male driver, no surgery, no fracture, soft tissue, minor property damage, no ambulance, no hospital, 2 prior accidents with same injuries claimed, and significant gaps in treatment. The claimed neck and back injuries were disputed as not being causally related to what the defense argued was a minor accident, as well as based on his age, degenerative findings on MRI, and his prior accidents. Damaging surveillance video and social media evidence showed the client performing his usual activities of riding his motorcycle, DJing, and being active in his real estate business, and contradicting his testimony. All the defense doctors’ exams were normal and they all opined he suffered no injuries. Defense counsel argued that the case did not even meet the New York serious injury threshold and he should not be awarded any compensation. Countrywide Insurance Co.’s value of the case and initial offer was $4,000. Nevertheless, we persuaded the Jury to award almost $3 Million, one of the highest verdicts ever in NY for a non surgical case. With interest, based on previously winning summary judgment on liability, Judgment will be entered for $4.2 Million–more than 1,000 times the carrier’s valuation!
$1.6 Million Pre-Trial Settlement for two City College police officers involved in motor vehicle accident. Defendants dispute they were at fault or that any of the injuries were causally related. One of our clients had soft tissue injuries, no fracture, no surgery, no lost time from work, minimal treatment with large gaps, and prior accidents with similar injuries claimed. The other one had a laser arthroscopic surgery and micro laser surgery, but limited treatment, and missed almost no time from work. Defendants argue that, both clients had resumed normal lives, got married, had children, returned to work, were promoted, and were making more money than before the accident. The defense medical examinations were normal and found that they did not need any further treatment. Utica Insurance Co.’s value of the case and initial offer was $25,000. Nevertheless, we persuaded the Utica to, not only tender it’s $1 Million policy, but we also obtained an additional $600,000 from Travelers Insurance Co. for a total settlement of $1.6 Million.
$1.35 Million Pre-Trial Bad Faith Settlement in a case where we had previously obtained a $1.98 Million Judgment on a laser arthroscopic surgery disputed liability case where American Transit Insurance Co. (“ATIC”) had a maximum policy of only $100,000. The Defendants lost their appeals to reduce or dismiss the verdict at every appellate level. Thereafter, we commenced a bad faith claim against ATIC as they failed to tender their $100,000 policy when we demanded it prior to trial. Bad faith cases are notoriously difficult to win and most lawyers never pursue them. Nevertheless, by vigorously litigating the matter, we convinced their “bad faith carrier,” AIG, to pay another $1.35 Million over the $100,000 already paid by ATIC, for a total recovery of $1.45 Million.
$5.5 Million Pre-Trial Full Policy Settlement for non-surgical motor vehicle case, claiming pain to her head, neck and back, and an aspiration procedure, where Defendants denied liability and their doctors stated that our client’s injuries were minor and fully resolved. Farmers/Met Life Ins. valued case at $75,000, but ultimately tendered their entire $5.5 Million policy.
$1.0 Million Pre-Trial Settlement for a woman who was a passenger in a vehicle involved in an accident with an MTA vehicle. The driver of the MTA had advised the responding police officer at the scene (and as documented in the police report) that our client switched positions in the vehicle in order to sit by the point of impact. Defendants also disputed they were at fault (they even made a motion to completely get out of the case as the evidence was against the host vehicle driver) or that any of the injuries were causally related. Defendants argued that her injuries were minor, that her 2 laser procedures were unnecessary, that she did not lose any time from work, and that their defense medical exams were completely normal. MTA initially maintained a no pay position. Nevertheless, we persuaded them to offer a total settlement of $1.0 Million.
$850,000 Pre-Trial Settlement for a scooter operator, where liability was strongly disputed as Defendants claimed our client was the one struck Defendant’s vehicle. Defendants disputed that any of the injuries were causally related, that his one laser procedure was unnecessary, that his treatment was limited, and that the defense medical exams were normal. Liberty Mutual initially valued the case at $6,000. Nevertheless, we persuaded them to offer a settlement of $850,000.
$775,000 Settlement During Queens County Trial passenger in a minimal property damage, two vehicle accident, where liability was vigorously disputed. At trial the Jury found Defendants to be fully liable for the accident. Defendants also disputed that the client had suffered any injuries and in any case, she had made a complete recovery and was fine. Client had minimal treatment, with significant gaps in treatment, no lost wages claimed, and the defense doctors found that she was completely normal. Surveillance footage showed her comfortably moving around, bending, walking and taking her children around. Statefarm Insurance Co. valued the case at $125,000. Nevertheless, based on the strength of the trial presentation, we persuaded them to settle for $775,000.
$685,000 Pre-Trial Settlement passenger in a minimal property damage, two vehicle accident, where liability was vigorously disputed. Defendants also disputed that the client had suffered any injuries and in any case, she had made a complete recovery and was fine. No ambulance had come to the scene, client had returned to work full time and full duty as a nurse, and the defense medical examinations found her to be completely normal. She also was involved with a subsequent accident. Further, damaging surveillance footage showed her doing heavy gardening for many hours straight, digging, shoveling, and lifting large and heavy soil bags. AIG and Liberty Mutual valued the case at $30,000. Nevertheless, we persuaded them to settle for $685,000.
$550,000 Pre-Trial Settlement for in non-surgical, no fracture, bulging disc case, for driver of a vehicle in disputed liability accident, with very minimal property damage. Defendants disputed that the client had suffered any injuries. She also multiple prior and subsequent accidents with similar injuries claimed. Further, under prior counsel, Defendants had obtained damaging text messages between her and her treating medical provider, resulting in a no pay position by the defense. Nevertheless, we persuaded QBE Insurance Group to settle for $550,000.
As an interesting back story on this case: We had initially obtained a $500,000 offer on the case, even before depositions. The client decided to go to another attorneys’ office, thinking she could increase the offer even more. That other attorneys’ office (a well known, large attorneys’ office that publicizes widely) not only wasted five (5) years of time and money litigating the case, and not only did not obtain an increase in the offer, the offer was actually completely withdrawn, and they ended up dropping the case right before trial, leaving her hanging with no counsel. After all that, the client came back and implored us to help her. As we were unable to find another attorney to help her, as no one wanted to touch this case with so many problems, as a courtesy, in order to assist the client, we took the case back on, and within 2 weeks, not only got the offer back, but also got her an additional $50,000 on top, for a total of $550,000.
$500,000 Full Policy Tender Pre-Trial Settlement for elderly 81 year old woman who tripped and fell at her son’s house, injuring her ankle. Defendants disputed any liability or the existence of any defect. In any event, they claimed she fully resolved from the incident and had no lingering issues. Nevertheless, we persuaded Statefarm Insurance Co. to tender their full policy of $500,000.
$500,000 Full Policy Recovery Pre-Suit Settlement for driver and passenger with laser procedures. Nevertheless we persuaded the liability carrier (Hartford Insurance Co.) and the underinsurance carrier (Plymouth Rock) to tender their policy limits, in claims, without even having to file a lawsuit.
$370,000 Full Balance of Policy Tender, Pre-Trial Settlement in Nassau County for 63 year old woman in minor damage motor vehicle accident, no surgery, no fracture, with disputed liability, prior accident with similar injuries. Client underwent minimal treatment. Defendants’ doctors stated that there was no injury from the accident and that she was working. Nevertheless, we persuaded Travelers Insurance Co. to tender the $370,000 balance of its policy. As a side note, the policy limits were $500,000 for all property damage for multiple vehicles and for all claims. The other claimant represented by different counsel, settled for $100,000 despite being much younger and having had surgery (as opposed to our client, who did not even have surgery, was much older, and less injured). Nevertheless, we got our client 3.7 times that amount and did not save the carrier even one dollar off their policy.
$350,000 Pre-Trial Settlement for 54 year old man who fell at a restaurant, got up, and walked out. Defendants claimed they had no fault at all, that there was no defect and that the accident was a result of our client’s own failure to pay attention, and that the accident was unreported. No ambulance came to the scene, and no police or incident report was made. Client never went to the hospital, underwent minimal treatment, and had one laser procedure. There was no lost time from work. Defendants’ doctors stated that there was no injury from the accident and that in any case, he had made a full recovery. Nevertheless, we persuaded Community Mutual Insurance Co. to pay $350,000.
$300,000 Pre-Suit, Full Policy Tender Settlement, Nassau County case for 64 year old woman in minor damage motor vehicle accident, no ambulance, no hospital, who had been in multiple prior accidents with similar injuries. Client underwent minimal treatment and had one laser procedure. No lost time from work. Defendants’ doctors stated that there was no injury from the accident and that in any case, she had made a full recovery. Nevertheless, we persuaded GEICO to tender its full policy limit of $300,000.
$290,000 Pre-Trial Settlement in Federal Court for 51 year old taxi driver in minimal property damage, two vehicle accident, no surgery, no fracture, where liability was vigorously disputed. Defendants also disputed that the client had suffered any injuries and in any case, he had made a complete recovery and was fine. No ambulance had come to the scene, client had returned to work full time as taxi driver, and the defense medical examinations found him to be completely normal. JB Hunt had valued the case at $42,000. Nevertheless, we persuaded them to settle for $290,000.
$250,000 Pre-Trial Suffolk County Settlement for driver a minimal property damage, no surgery, no fracture, no ambulance, no hospital, auto accident. Defendants disputed that the client had suffered any injuries and in any case, she had made a complete recovery and was fine. They took extremely damaging surveillance video of her lifting and moving a heavy couch and sofa bed for over 15 minutes and placing it in the back of her vehicle, effortlessly. They also argued that she did not seek any medical treatment for 8 days after the accident, and so could not have been injured. Further, she continued with her studies, had good grades, and became a license acupuncturist. The defense medical examinations found her to be completely normal. Utica Insurance Co. valued the case at $50,000. Nevertheless, we persuaded them to settle for $250,000.
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We work extremely hard for every single one of our clients, no matter the size of the case, to achieve the remarkable results we obtain. Even when the cases have very significant problems, we will fight them hard and not allow the insurance companies to save any money. We also ensure that our clients obtain all the benefits they are entitled to, including having their medical bills and lost wages paid, and that they are receiving proper medical care, even when the insurance companies improperly deny benefits, to make certain clients do not have to pay for medical care that should be covered.
We have been fighting for almost three decades for over 10,000 very satisfied clients. It is our ability to repeatedly and consistently obtain exceptional results that allows us to continue to leverage our reputation and obtain such results for all our clients, almost always without having to go to trial. If the insurance companies don’t pay proper compensation, we take the case to trial and often get blowout verdicts. We have even appealed cases that we won at trial when we believed we can get even more on appeal. We conduct our own trials and appeal our own cases, which most attorneys don’t do. The insurance companies, defense attorneys and judges know who we are and we have earned their respect, which is another reason we are able to obtain the results we do, as they have seen the results we have achieved on very problematic cases. In fact, we are frequently contacted by insurance company adjusters, who have seen the results we obtained over and over again, not achieved by others, when they or their family are injured and need representation.
We are very passionate about what we do and love making a difference in our clients’ lives.
We vigorously fight the largest insurance companies and biggest law firms against their unfair denials of claims and lowball offers, until they pay the top dollar possible. In fact, we often are asked by other experienced personal injury attorneys how we achieve such results so they can try to do the same. Most personal injury firms convince their clients to just accept the insurance company valuation of the case and what they want to offer, and don’t spend the required time, energy, and money to obtain the maximum compensation for the client. Just as importantly, we employ our experience, confidence, and unique talent and negotiating skills to achieve exceptional results and not compromise for less than the top dollar.
We have even taken over many cases from other large law firms, who have either dropped the case or tried to convince the clients to accept lowball offers, to then go ahead and obtain millions of dollars for the same case, demonstrating that the attorney one chooses makes all the difference.
While every case is different, our mission is obtain the maximum amount possible for all clients and all the benefits they are entitled to.
Please continue to contact our office anytime by e-mail at natalie@osfirm.com and eitan@osfirm.com.
Warm regards and best wishes from
Eitan Ogen and Natalie Sedaghati
Below are links to some of our firm’s prior updates:
Nov. 2024 https://conta.cc/40WlV1e
Jan. 2024 https://conta.cc/3SgHR14
Nov. 2023 https://conta.cc/49FC3Gn
Nov. 2022 https://conta.cc/3hXRseM
Dec. 2021 https://conta.cc/3HLUKLO
Nov. 2020 https://conta.cc/3nP2uAI
May 2020 https://conta.cc/3cn0KJt
April 2020 https://conta.cc/2VGZQQT
Jan. 2019 https://conta.cc/2D7RhFr
Nov. 2018 https://conta.cc/3OutJQW
Dear clients and friends,
We want to extend our best wishes to you for a meaningful and warm Thanksgiving holiday.
While we have continued to achieve many thousands of impressive results over the past 25 plus years, we also update our clients with some of the more interesting ones, as we continue to fight on behalf of all of our clients.
Below are just a few of our office’s recent noteworthy case resolutions in the past few months:
$1.5 Million Full Policy Tender Pre-Trial Settlement in Nassau County for 67 year old male pedestrian tapped by a car that was slowly backing into a parking spot. His initial complaint was just to his right shoulder. He continued to work at his construction job after the accident. He had shoulder arthroscopies and neck surgery, but these were disputed as not being causally related to what the defense argued was a minor accident, as well as based on his age, degenerative findings on MRI, and his occupation. All the defense doctors’ exams were normal and they all opined that the surgeries were not related to the accident and not necessary. Travelers Insurance Co.’s value of the case and initial offer was $7,000. Nevertheless, we ultimately persuaded the carrier tender its entire $1.5 Million policy in settlement, without having to go to trial in Nassau County, which is one of the more conservative venues where the juries don’t award high verdicts.
$1.5 Million Full Policy Tender Pre-Trial Settlement in Nassau County for 61 year old woman and 34 year old woman in auto accident, where they had laser arthroscopic procedures, all defense exams were normal and that the procedures were unrelated to the accident and unnecessary. Statefarm Insurance valued the case and only wanted to offer $35,000 (look up the offer). Nevertheless, we ultimately persuaded the carrier tender its entire $1.5 Million policy in settlement, without having to go to trial in Nassau County, which is a venue where the juries tend to be anti Plaintiff.
$1.5 Million Full Tender of Primary and Excess Policies Pre-Trial Settlement in Queens County for 72 year old man and 72 year old woman in auto accident. There was no visible property damage to either vehicle in the accident. (See photo of front of clients’ vehicle which made contact with the other car, but sustained no damage.)
Photo of vehicle with no damage
The 72 year old man had 2 prior motor vehicle accidents with similar injuries and same complaints foe which he was still treating when this accident occurred, and saw the doctor for the same complaints to the same body part even 1 week before this accident, as well as a subsequent heavy impact accident with similar complaints. The defense doctors claimed essentially normal exams and claimed that the procedures they had were unrelated to the accident, pre-existing, and unnecessary. Allstate Insurance Co. initially valued the case at $7,500 and $32,500. Nevertheless, we ultimately persuaded the carrier tender its entire $1.5 Million policy in settlement, without having to go to trial, in Queens County, (which is another conservative venue jurors are known not to give high verdicts).
$1.5 Million Pre-Trial Settlement in New York County for 74 year old man, HIV positive, after a fence board fell on him in NYC. Liability and causality of injuries were vigorously disputed. The land owners were self insured, and initially valued the case at just $15,000. The defense doctors opined that there were no injuries suffered in this accident, any complaints to his back were pre-existing and degenerative, that his exams were normal, and that the procedures he had to his back were not related and unnecessary.
$1.0 Million Full Tender of Policy Pre-Trial Settlement in New York County for 42 year old man in auto accident. Defendants disputed liability, as well as the causality and severity of the injuries. There was minimal property damage.
Side photo of impact location with other vehicle
No ambulance came to the scene, Client did not go to the emergency room, and returned to work right away doing deliveries. Client had 2 prior accidents with identical (even worse) injuries. The defense doctors claimed nothing was wrong with him and any treatment he had was for pre-existing conditions. Hartford and Travelers Insurance Co. initially valued the case at offered $200,000. Nevertheless, we ultimately persuaded the carriers to offer One Million in settlement, without having to go to trial.
$800,000 Settlement During Trial for 53 year old woman in auto accident. Defendants disputed liability as the front of client’s vehicle had struck the rear portion of the other vehicle. They also disputed the causality and severity of the injuries. Client had multiple prior motor vehicle accidents she pursued and even had trials for those cases, and had identical MRIs for years pre-accident as those she had post accident. She was still treating for the prior accident when this accident occurred. She even had an MRI and doctor’s visit a week before the accident, of the same body part she claimed injuries to in this accident. There was no lost wages claim and client continued working. She also had a subsequent very heavy impact accident where she was taken to the hospital for fractures, and which she posted about on social media. The client did not do well on the stand; the defense had multiple doctors testifying that none of her injuries were from this accident, and even a biomechanical engineer expert that showed how her injuries could not have occurred in this accident. Nevertheless, we persuaded Utica National Insurance to offer a $800,000 settlement prior to verdict.
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We work extremely hard for every single one of our clients to achieve the remarkable results we obtain, even when the cases have very significant problems. We also work hard to obtain all the benefits they are entitled to, including having their medical bills and lost wages paid, and ensuring they are receiving proper medical care, even when the insurance companies deny benefits, and fight them when they deny claims improperly, to ensure clients do not have to pay for medical care that should be covered.
We have been fighting for almost three decades for over 10,000 very satisfied clients. It is our ability to repeatedly and consistently obtain exceptional results that allows us to continue to leverage our reputation and obtain such results for all our clients, almost always without having to go to trial. If the insurance companies don’t pay proper compensation, we take the case to trial and often get blowout verdicts. We have even appealed cases that we won at trial when we believed we can get even more on appeal. We try and appeal our own cases, which most attorneys don’t do. The insurance companies, defense attorneys and judges know who we are and we have earned their respect, which is another reason we are able to obtain the results we do, as they have seen the results we have achieved on very problematic cases.
We are very passionate about what we do and love making a difference in our clients’ lives.
We vigorously fight the largest insurance companies and biggest law firms against their unfair denials of claims and lowball offers, until they pay the top dollar possible. In fact, we often are asked by other experienced personal injury attorneys how we achieve such results so they can try to do the same. Most personal injury firms convince their clients to just accept the insurance company valuation of the case and what they want to offer, and don’t spend the required time, energy, and money to obtain the maximum compensation for the client. Just as importantly, we employ our experience, confidence, and unique negotiating skills to achieve exceptional results and not compromise for less than the top dollar.
We have even taken over many cases from other attorneys, who have either dropped the case or tried to convince the clients to accept lowball offers, to then go ahead and obtain millions of dollars for the same case.
While every case is different, we always obtain the maximum amount possible and all the benefits they are entitled to.
Please continue to contact our office anytime by e-mail at natalie@osfirm.com and eitan@osfirm.com.
Warm regards and best wishes from
Eitan Ogen and Natalie Sedaghati
Below are links to our firm’s prior updates:
Jan. 2024 https://conta.cc/3SgHR14
Nov. 2023 https://conta.cc/49FC3Gn
Nov. 2022 https://conta.cc/3hXRseM
Dec. 2021 https://conta.cc/3HLUKLO
Nov. 2020 https://conta.cc/3nP2uAI
May 2020 https://conta.cc/3cn0KJt
April 2020 https://conta.cc/2VGZQQT
Jan. 2019 https://conta.cc/2D7RhFr
Nov. 2018 https://conta.cc/3OutJQW
- Client had 13 prior accidents, with injuries and treatment for the same body parts–including one that occurred just 6 weeks prior, for which she was still treating and another accident the very day before this accident, neither of which she mention to her doctors for this accident;
- Client had subsequent accidents with significant injuries, including fractures and surgeries, for which she even commenced a lawsuit;
- Defendants and their doctors argued that all her injuries were degenerative and pre-existing, and unrelated to the accident, and in any case, fully resolved;
- Client had 2 minor arthroscopic procedures, which Defendants claimed were unnecessary and in any case confirmed her conditions were all degenerative;
- Client had significant credibility issues, including a trial level court and also an appellate court decision, both of which found that she had lied multiple times;
- The defendant driver and his passenger claimed the accident had not even occurred and that our client simply fell on his car.
- Client had 13 prior accidents, with injuries and treatment for the same body parts–including one that occurred just 6 weeks prior, for which she was still treating and another accident the very day before this accident, neither of which she mention to her doctors for this accident;
- Client had subsequent accidents with significant injuries, including fractures and surgeries, for which she even commenced a lawsuit;
- Defendants and their doctors argued that all her injuries were degenerative and pre-existing, and unrelated to the accident, and in any case, fully resolved;
- Client had 2 minor arthroscopic procedures, which Defendants claimed were unnecessary and in any case confirmed her conditions were all degenerative;
- Client had significant credibility issues, including a trial level court and also an appellate court decision, both of which found that she had lied multiple times;
- The defendant driver and his passenger claimed the accident had not even occurred and that our client simply fell on his car.
HAPPY MOTHER’S DAY!! Dear clients and friends, We hope all is well with you and your families during this difficult period and that you are staying healthy. We wish a very happy Mother’s Day to all the mothers out there. We wanted to continue to update you as we continue to work hard remotely on behalf of our clients. We have been settling numerous cases for policy limits just in the last few months. Below is just a sample of some recent amazing success stories on behalf of our clients during these unprecedented times, as well as in the past few months: This past week: $1.42 Million Settlement Following Million Dollar Verdict (offer at trial: $30,000) You may recall our newsletter last year regarding our successful fight during a 4 week trial, which resulted in a phenomenal Jury verdict for our client (the newsletter piece is reprinted below and may be worth a re-read). Following the verdict, Defendants moved to set aside the verdict, which we successfully opposed. This week, despite the continuing Coronavirus moratoriums in Court, we were able to get the carrier, who was trying to save money and pay less than their $1 Million policy coverage, to pay the entire judgment, with every last bit of interest, leading to a $1.42 Million recovery (more than 47 times the offer at trial). Last week: $1 Million Full Policy Settlement For Disputed Liability and Causality Minor Impact Accident Our client was involved in a disputed “lane change” accident where the carrier denied liability. There was minimal property damage, no cars were towed, no ambulance from scene, no hospital at all, no complaints of pain at the scene, and police report indicated “no injuries.” Most significantly, he was actively treating and receiving injections for a prior accident involving the same body parts, and for which he previously needed surgery, and the other case was still active in litigation! He only missed a few weeks from work and returned to work full time. Initially, the carrier, Progressive, had a no-pay position. Nevertheless, despite the continuing Coronavirus moratoriums in Court, we were successful in securing a $1 Million full policy tender for our client last week, without even having to wait for the Courts to restart or wait years on the trial calendar. March 2020: $470,000 Pre-trial Settlement for Very Difficult Claim by Pitbull’s Bodyguard Against Concert Venue Security Co. During a concert in NYC, the famous rapper Pitbull stopped his concert when a fight broke out between a man and woman in the crowd. He sent his security team down, at which time, our client (his bodyguard) fell. He injured his knee with which he had problems for 20 years and for which he had already been recommended and had already scheduled surgery. The security company for the venue denied any liability and argued an “assumption of risk” defense. They also argued that his knee injury was all pre-existing. Nevertheless, we were able to secure a pre-trial settlement just as the Coronavirus pandemic was taking hold. $1 Million Recent Full Policy Tender Pre-Trial Settlement for Slip and Fall on Ice Disputed liability slip and fall on shoveled steps where client had pre-existing degenerative back condition. Defendants claimed no liability and no causality to alleged injuries. Nevertheless, we secured a full policy pre-trial tender from Nationwide Insurance. $1 Million Recent Full Policy Tender Pre-Trial Settlement in Motor Vehicle Accident Disputed liability motor vehicle accident where Defendants claimed our client had degenerative conditions. Nevertheless, we secured a full policy pre-trial tender from Allstate Insurance Co. $600,000 Recent Pre-Trial Settlement for Disputed Liability and Causality Very Minimal Impact Accident Our client’s vehicle sustained minor damage to his vehicle’s mirror, declared no injuries at the scene, no ambulance, and did not go to a hospital. He had only sporadic visits for 3 months of physical therapy, and had 3 subsequent accidents, including to the same body part and which caused him to miss time from work. As well he had a prior injury and surgery for the same body part. Nevertheless we secured a very favorable settlement for the client, who only had an arthroscopic surgery for his previously injured shoulder, and no injections, all without the delay, risk or cost of a trial. $350,000 Recent Pre-Trial Settlement for Minimal Impact, No Surgery, Soft Tissue, No Lost Wages Case Our client was a rear seat passenger in a vehicle that sustained minimal damage, and she did not require any surgery for her soft tissue injuries, had normal film reviews and exams (IMEs) by Defendants’ doctors, and no lost wages claim. Nevertheless we secured a very favorable settlement for the client, far above what many injured people, represented by others, receive even when they have surgery, all without the delay, risk or cost of a trial. $310,000 Recent Pre-Trial Settlement for Case Where Policy Limits were Only $100,000 (How? Get the large rideshare company, who had no liability under the law, to nevertheless kick in $210,000) Our client was a pedestrian who was hit by a driver of a large rideshare company, but who was not on the “app” at the time. The driver had the minimal $100,000 required coverage for taxi vehicle. Although initially denying any responsibility, and arguing against the causality and severity of the injuries–as there was no lost wages claim, her neck and back MRIs were normal, she had normal Defendant doctor exams (IMEs) and she did not have epidural injections–the taxi company tendered their $100,000 policy. We then pursued the rideshare company, making arguments beyond the existing law that exempts their liability and successfully got them to contribute $210,000 over the other carrier’s policy, for a total pre-trial settlement of $310,000. Please continue to contact our office by e-mail. Please do not mail anything to the office or call, as we are not there at this time. The best way to reach us is by emailing natalie@osfirm.com and eitan@osfirm.com . We will respond as soon as possible. If you wish to speak to us by telephone, please e-mail us to schedule a time. Thank you and stay safe! |
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**Below is a reprint of the original e-mail newsletter piece we sent about the case we recently resolved, above. $1.3 MILLION TRIAL VERDICT RECOVERY
UNUSUALLY LONG & COSTLY TRIAL We just finished a trial this past week that was supposed to be a 3 day trial on damages only, but it lasted 4 weeks! Prior to trial, although the defense disputed liability, we made a motion for summary judgement and were able to convince the court that the other driver was 100 percent at fault. The defendants fought this case very hard the last 6 years and had a no pay position until trial when they only offered $30,000 to settle. A very experienced senior partner in large insurance defense firm was assigned to defend the case and he tried everything he could to give us a difficult time and delay the case including every underhanded trick in the book. We even had to bring our client’s treating medical doctor back to court to testify 5 times and ended up spending close to $50,000 on experts and the trial alone. While many firms would have been worn out and given up and not been able to spend so much time, money, and resources fighting, we were never going to give up on justice for our client. HERE WERE JUST SOME OF THE PROBLEMS WITH THE CASE Among the problems with the case was that there was almost no visible property damage to our vehicle and no evidence of any damage to their vehicle (see above photo shown by defense counsel to the Jury and admitted into evidence to support their argument of a minor, minimal property damage accident). No vehicles were towed, no air bags deployed, the client had he moved his own vehicle from the scene, and he did not leave the scene by ambulance. The client, who was a police officer, not only went back to work as a cop full time, and full duty, but he even worked overtime some of the years, making more than double the salary he made before, and is still working. He had 2 subsequent accidents where he needed surgery in both cases, including one that caused him not to be able to work for almost 1 year, and which he had not even told his treating doctors about. The Judge was against us the whole time because she was mad that we were not negotiating against their measly $30,000 offer. She made many wrong and outrageous rulings against us. She improperly didn’t allow our client’s doctor’s records to be admitted into evidence, even though they were properly subpoenaed and the proper foundation had been laid. She also very improperly gave a devastating instruction to the Jury against our doctor that was unfounded and cast doubt on his credibility, all in attempt to try to get the Jury to go against us. The defendant attorney kept repeating to the Jury in his closing argument to listen and pay very careful attention to this instruction that the Judge was going to give them about our client’s doctor. Here is the actual text of the Judge’s instruction, which was given with emphasis to the Jury: “During Plaintiff’s treating doctor’s testimony, his behavior was inappropriate, in that he wrote on records that were marked for identification, placed records into his chart that were not part of his chart, and provided answers to questions that were intentionally inflammatory. You are instructed that you may view his testimony in a negative light because of his inappropriate behavior.” The Jury did not know that this was a highly improper instruction (it is improper because it is solely the Jury’s role to assess credibility and the Judge was interfering with this role by casting the doctor’s credibility in a negative light–not to mention that her determinations were false), and in fact, the Jury admired and respected the Judge, making the impact of this instruction even harsher and harder to overcome. At the same time, the Judge improperly refused to give a “missing witness charge” for one of the doctors that defendant failed to bring to trial, and improperly wouldn’t even allow us even say anything about it in closing arguments The defense doctor that examined the client testified that our client suffered absolutely no injury for the accident, and that any claimed Injury was degenerative and pre-existing, as confirmed by Plaintiff’s own MRI, and also that he is able work full time and full duty. Defense counsel also argued that the client had large gaps in treatment that our client’s own medical records confirmed that his condition was degenerative. He also argued that Plaintiff’s surgery only took place 5 years after the accident and only after he was seriously injured in 2 additional accidents, which required surgeries and required him to be incapacitated from work for a long time. They argued that Plaintiff had re-injured himself in those other accidents, and the surgery for our case was after those other accidents. Also, defendants questioned Plaintiff’s credibility because he was under suspension from work for misconduct at the time of the accident. THE VERDICT Despite all of this and many other major obstacles, we were successful in obtaining a $1.3 Million recovery based on the Jury’s verdict with 9% annual interest running on top of that. Clearly, the insurance company and defense counsel drastically undervalued the case, and underestimated our firm. We were not going to stop fighting until our client achieved full justice in this case! |
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$3.5 Million Total Recovery Against LIRR for Case With High Risk of Losing on Liability
- That it was low speed, minor impact tap as Defendant was not traveling at more than 10 miles per hour;
- That Defendants’ vehicle had no damage;
- That no cars were towed;
- That she drove the car home herself from the scene;
- That she had refused an ambulance at the scene;
- That she had extensive pre-existing degenerative conditions to the claimed body parts;
- That she had not been injured in this accident;
- That she had prior medical treatment to the same body parts and in fact, had the same exact herniated disc in her low back and the spine was so degenerated pre-accident that she had osteophytes, and as well, she had shoulder complaints prior to the accident;
- That their radiologist found that she only had degenerative disc disease and no injuries at all related to the accident;
- That she only complained about her shoulders 4 months after accident (during her testimony, she claimed that she immediately complained about her shoulders to the police, all her doctors and all her therapists, which was inconsistent with the records, as they showed no shoulder complaints at all for 4 months after the accident);
- That she denied having x-rays to her low and mid back prior to the accident, which was contrary to her prior medical records;
- That she went back to work the very next day, and then worked the same job for many months after;
- That the Defendants’ doctor found that she was completely fine, that she did not require any treatment, was able to return to work, and was exaggerating her symptoms;