I went to a mediation yesterday with a client I really like and a mediator that usually gets cases resolved.
My client was rear ended on I-264 in his F-150 by and F-150 and catapulted into an F-150. You read that right. Three F-150's involved in the same crash. This is Louisville. The Defendant driver had just received a text from his wife and was looking down. My client has four children and a wife. He doesn't have the option of not working for a living. As a result, he only had 8.1K in total medical expenses because he didn't have time to go back and forth to doctors...despite the fact he was hurt.
I find that if my clients have "high" medical expenses the other side will argue they "over treated." If the medical expenses are "low" I hear "they weren't that hurt." Doesn't make sense from my perspective, but those are the arguments. My client also had to work to make a living so I expected and received "if he is that hurt how can he work." The response is obvious"people have to make a living to feed their families."
This particular case had a defense attorney that I liked working with. She gets that we don't all have to be at each others throats and can sometimes get more done for all of our clients by working together to resolve the case. Two hours into the mediation we had reached a standstill. The defense lawyer found a way around the standstill and I was impressed.
The insurance company originally offered him 4.5K. I thought they mixed up their files. I filed a lawsuit and they came up to 9K. Yesterday the case resolved after a year of litigation for 24K. Client was happy so I'm happy.
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Brian Dettman
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