First the insurance defense lawyers argued that the incident could not have happened. They argued the type of work our client was performing didn’t occur in the area where he was hurt. Then they claimed our client wasn’t doing the type of work he claimed. Then the insurance defense lawyers said there really wasn’t an injury at all other than a minor back strain.
The insurance defense lawyers argued our client’s pain symptoms followed no known dermatomal pattern and couldn’t have been related to his injury. Clients imaging studies (MRI and CT) showed no observable lesions. Client had intermitted paresthesia and was confined to a powered wheel chair. HHA’s attorneys were able to demonstrate that clients neck fusion combined with trauma to his lower spinal cord caused his numbness and paralysis. This case required key causal connection testimony from two neurosurgeons and several pain management specialists. This is the type of difficult case that we are able to put together in a way that an insurance company will pay over seven figures to avoid trial.
Horwitz attorney Michael D. Carter acknowledged that this type of claim may not have been pursued as little as a few years ago. “A trial lawyer is required to be familiar with advances in neuroscience and medicine that affects our clients. Recent advances in understanding pain and its causes allowed us to prosecute the case successfully.“ Carter has recently authored a paper on the effects that chronic pain has on the human brain.
This case required trial lawyers with extensive knowledge of construction practices, human anatomy, neuroscience and neuropathic pain characteristics. The Horwitz team was able to put it all together and obtain an outstanding result.