Expert Testimony Leads to $100,000 Settlement in West Haven Fender Bender
Plaintiffs counsel Hailey Rice relied on expert testimony from a New York City neurologist to help clinch a $100,000 settlement for her client.
April 16, 2020 at 12:23 PM
3 minute read
Faced with a client who suffered head injuries in a rear-end motor vehicle accident and the defense offering just $19,902 to resolve the case, plaintiffs attorney Hailey Rice knew she had to get an expert—and a good one.
Rice, an associate with Glastonbury-based Connecticut Trial Firm, said she relied on a doctor her firm had used to much success before: neurologist Jeffrey Davis, who is affiliated with the Icahn School of Medicine at Mount Sinai and the Brooklyn Hospital Medical Center in New York City.
"Mr. Davis established our client had a significant head injury, and he also established that future medical treatments would be very costly," Rice said. "We got the experts involved. Our expert was essential in this case. At the time of their offer for less than $20,000 we did not have the expert opinion. The case was settled soon after that opinion."
The case settled April 6 for $100,000, the limit of defendant Jamie Flores' motor vehicle insurance policy. Seeking more than the $100,000 policy limit, Rice said, would have been too long a process, involving a trial and pursuing the defendant's assets.
"I think this was a good outcome for my client, as we were able to address the issues quickly, so she could return to her life and not worry about pursuing a lawsuit," Rice said.
Plaintiff Valeria McCormick, a 45-year-old West Haven resident, has received the settlement money, Rice said.
Representing Flores was Joseph La Bella of Wethersfield-based Jackson O'Keefe. La Bella declined to comment for this article. In court papers, the defense denied any negligence and carelessness on the part of the defendant, and left the plaintiff to prove its case.
According to Rice and a September 2019 lawsuit filed in New Haven Superior Court, McCormick was traveling in her 2012 Lincoln MKZ hybrid when Flores' 1998 Honda CRV rear-ended her car, which was stopped at a stop sign in West Haven in 2015. Because of the impact, Rice said, her client's head hit the interior of the car. Rice was wearing a seat belt, and police cited Flores for following too closely.
Rice said McCormick suffered a head concussion, dizziness, headaches, whiplash, vision loss, cognitive impairment, and numbness and tingling in her upper extremities.
McCormick has $16,205 in medical expenses, Rice said.
Today, more than five years after the accident, Rice said McCormick is "still experiencing pretty significant effects of her head injuries such as headaches and memory loss."
McCormick, who was a wedding photographer, was unable to return to work following the crash, Rice said.
"She was unable to focus," her attorney said. "It impacted her work."
Assisting Rice were colleagues Ryan McKeen and Andrew Garza.
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