Langsam Stevens & Silver Newsletter June 2010

We at Langsam Stevens & Silver LLP commit a substantial portion of our practice to serious personal injury and catastrophic loss claims. Whether the injuries arise from automobile accidents, slip-and-falls, construction or other work-related accidents, product liability, malpractice or breach of warranty, we always give the matter our best efforts. Of course, not every negligence claim involves the type of catastrophic loss or serious injury that leads to a big recovery, but we always strive to demonstrate the total impact of any injury to get all the compensation our clients deserve.

Our thoughtful approach to each case means that we are able to demonstrate the seriousness of some injuries that, at first glance, might not seem to be major cases. A good example is a case involving a fractured ankle that we recently settled for approximately $500,000. The way we addressed this case, and the results we obtained will give you a good idea of how we handle catastrophic loss and serious injury claims in general and of our creative approach to proving substantial damages for significant recoveries.

The case involved a head on automobile collision on the East River Drive in Philadelphia. A car crossed over the center line into the path of our client’s car. When he saw the car coming towards him, the client immediately slammed on his brakes. His action resulted in a less severe collision, but it also meant that his ankle took the brunt of the impact and he ended up with a number of fractures in the small bones of his ankle. At the hospital, screws and pins were installed to hold the ankle in place, and the client went home immediately. The injuries resulted in a prolonged period of limited mobility and pain, but, more significantly, they also permanently modified the client’s movement and gait in ways that caused him problems on a daily basis.

Proving Damages
One problem that confronted us in this case was that the treating surgeon felt that he did a great job in fixing our injured client up and was dismissive of any ongoing problems. He did do a good job of surgery, but that did not mean that there was a complete recovery. His attitude, however, did mean that the surgeon would not be much help in proving the full effects of the injury on our client.

How would we prove our case? We thought long and hard and found an expert podiatrist who often treats dancers from the Pennsylvania Ballet. He uses various scientific analyses to determine the effects of an injury. He was able to compare the clients gait and weight-bearing practices to samples of typical people. When this podiatrist examined our client, he was not only able to demonstrate the clients ongoing problems in a scientific way, but was able to provide orthodics, therapeutic strategies and treatments to alleviate the problem.

Some effects of the injury were permanent and irreparable, and we also engaged a functional capacity expert and a world renowned orthopedist to give objective reports on the problems.

Despite these proofs, the parties remained far apart in their views of the value of the case. The defense agreed that there was a significant injury, but valued the claim in the low-$200,000s. We valued the claim significantly higher, and there was a higher automobile policy limit than the amount that the defendant had offered.

We decided to bring suit but, in an effort to resolve the problem without the time and expense of a full trial, we arranged to have the claim mediated by a former Pennsylvania Supreme Court Justice. Mediation packets with medical bills and injury and liability analyses were presented to the mediator by both sides. With the mediator’s insight and assistance, the parties arrived at a settlement figure in the neighborhood of half a million dollars - more than double the previous settlement offer.

We work creatively and hard on these personal/injury/catastrophic loss claims. For another example, see the earlier article in this newsletter about the use of stunt people in injury actions.