Mʏᴇʀs & Cᴏᴍᴘᴀɴʏ
More Than One Accident? No Problem. Doubling Defendants’ Top Offers Despite Overlapping Injuries And Treatment
We represented a woman who had a pretty rough year: she was rear-ended twice then took a bad fall when she tripped on a bolt protruding from the sidewalk at Starbucks.
The client was still treating for injuries sustained in the first accident when the second accident took place. And she was still treating when she fell at Starbucks.
Some of her injuries were distinct. But most were overlapping (the second accident aggravated her injuries from the first and so on).
A lot of attorneys might not touch a case like this. Too complicated. Too messy. But we’re gluttons for conflict and resolution.
At mediation we elicited defendants’ top offers. But they weren’t good enough for the client. And that meant they weren't good enough for us.
We tried the case in arbitration and (more than) doubled the amount the client received.
Two claps for our client. She understood the challenges (and opportunities) the case presented. She was offered real money at mediation but made a smart decision. The thing I liked best about this client was how well she understood the risks involved and would have been fine if we received less at arbitration than we'd been offered at mediation. She knew that negotiations don't operate like a ratchet.