Recently, Edward R. Averbuch, an attorney here at Leav & Steinberg LLP, was successful in helping a client file a lawsuit against his auto insurance provider after they attempted to dismiss his claim.
Ed was representing a war veteran who was rear-ended by a truck while stopped at a light. Although the truck driver admitted that he was at fault to the police, the defendant’s insurance company contested our client’s injuries and moved to dismiss the case by arguing that our client did not sustain a serious injury as required by law.
There were two challenges that we faced in this case. First, the injuries sustained by our client are not typically associated with auto accidents. Our client suffered an aggravation of a urethral sling that required cystoscopy and the transurethral removal of mesh inside of his body. Second, our client had complications related to the urethral sling that required surgical intervention on two occasions before the accident.
Despite these obstacles, we believed that our client’s condition was made much worse by the accident, rising to the level of a serious injury. Ed submitted strong opposition papers, highlighting that medical records from our client’s treating doctors show his condition was aggravated as a direct result of the accident. Also, our client’s doctors specifically instructed him not to perform his usual and customary activities for 90 days after the accident.
Ultimately, we were able to obtain a settlement of $125,000 before the Court even decided the defendant’s motion.
At Leav & Steinberg, Edward R. Averbuch and our other personal injury attorneys can protect your rights if you are in a car accident. We have years of experience helping clients get the compensation they deserve after a serious accident. Our staff speaks numerous languages, and we won’t charge you any legal fees until we’ve won your case. To schedule a free consultation with one of our attorneys, call 212-766-5222 today.