Plaintiffs counsel Andrew Garza had a choice to make: Take the $80,000 offered his client in a motor vehicle tort or do the extra work and preparation needed to resolve the matter. He chose the latter.

Faced with defense lawyers offering that amount of money to resolve the lawsuit in which the plaintiff had said he'd reinjured his right knee in a car accident just four months after surgery, Garza, a Glastonbury-based attorney, said he knew he could have a winning case in the six figures and not the five figures if he moved forward and did his homework.

Here is the dilemma Garza, co-owner of Connecticut Trial Firm LLC, was faced with: His client Joshua Paulo reinjured his right knee in a car accident in which he was the passenger. Only months before, Paulo had surgery on that very same knee and, Garza knew, that defense attorneys would make that an issue unless he got in front of the matter.

Here is how it paid off with Garza, securing a $355,000 settlement for his client Feb. 3.

Garza connected with Paulo's orthopedic surgeon and because of his client's youth—he was 19 at the time of the accident—a life care planner. Paulo's age, Garza said, worked in their favor.

"The life care planner said he had a life expectancy at the time of another 54 years. That's a long time." Garza said.

The orthopedic surgeon, Garza said, told both sides the damage to the right knee was due to the car accident. "The doctor spoke about how my client improved from the first surgery on his right knee and how the new injury was related to this accident," Garza said.

The personal-injury attorney's takeaway from the litigation: Don't assume that relatively low medical bills mean the case is worth less money.

"Very often attorneys undervalue cases where there was prior treatment," Garza said.

Garza said the $355,000 settlement, which has been disbursed, "is a good settlement in light of the uncertainty that the future brings and the prior condition of the knee."

Paulo sued his work colleague, Cody Borlen, and their employer, Cyr Relocation Inc. Borlen, according to the August 2017 lawsuit filed in Hartford Superior Court, rear-ended another vehicle in Windsor in June 2016. Paulo, a passenger in the company's Mazda CX5, sustained further injury to his right knee, which he struck on the dashboard, Garza said. Paulo was wearing a seat belt, his attorney said.

Borlen, who was not injured, was issued a police infraction for following too closely.

Paulo underwent his second surgery on his right knee in December 2018, Garza said.

Today, three and a half years after the car accident, Garza said his client "still has ongoing pain in his right knee." He might need future surgeries, Garza said.

Representing the defense is Deborah Jekot, an attorney with Hartford-based Howard, Kohn, Sprague & FitzGerald. Jekot did not respond to a request for comment Monday.

In court papers, the defense does not admit liability but rather leaves the plaintiff to prove the case. Trial was slated for June 2.

Paulo, who was a mover for Cyr Relocation at the time of the accident, is now in technical college, Garza said.

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