Cook County Jury awards Horwitz Client $469,000.00 For Soft Tissue Injury
Wednesday, October 31st 2007
For the second time in recent months, the personal injury law firm of Horwitz, Horwitz & Associates, Ltd has proven that jurors have the capacity to prove an insurance company wrong regarding the chronic impact of certain soft tissue injuries.
When given the facts of the case and the medical data to support the documented evidence of injury to the muscles, a Cook County jury awarded Horwitz, Horwitz & Associates’ client over $780,000.00 (subsequently reduced to $469,000.00 by the 40% negligence attributed to her for the accident).
The nature of this type of injury cannot be measured by medical costs alone.
Soft tissue injuries, which are common in auto accidents (whiplash, muscle strain, muscle spasms, myofascial pain), are often minimized by insurance company lawyers and unfortunately, many plaintiff’s lawyers as insubstantial, insignificant, vague in nature, difficult to diagnose, and not worthy of compensation due to limited expenses and treatment options, as well as the unknown factor of recovery. Since surgery is not an option, the medical expenses are commonly low, most often comprised of physical therapy, occupational therapy and pain management. The nature of this type of injury, however, cannot be measured by medical costs alone; a fact often overlooked (or ignored to date) by insurance companies and many lawyers. Many law firms are reluctant to take on such cases especially when the client has returned to work in spite of pain and complications.
Unlike a broken bone, soft tissue injuries cannot usually be diagnosed through traditional x-rays, but the pain and suffering, as well as loss of normal life are real. Today, Pain Management physicians use advanced technology and comprehensive evaluations to both diagnose and manage the painful affects of soft tissue injuries.
The attitude of insurance company lawyers is simply, if you can’t see it, then it doesn’t exist.
The attitude of insurance company lawyers is simply, if you can’t see it, it (the injury) doesn’t exist …or at least you can’t prove it. Horwitz attorneys are proving both arguments to be false assumptions based on old school tactics by insurance companies and their lawyers.
Horwitz attorneys Valerie Barich and Michael Wierzbicki first met their client after her car had been broadsided by a garbage truck. Diagnosed with acute soft tissue injuries, the Plaintiff utilized twelve weeks of family leave to bridge recovery time and healing. She received pain management treatment, including a ‘tool box’ of skill sets to assist her return to work; methods to help her work through the painful execution of daily activities and normal work/life routines.
Despite her best efforts, the pain, described as “ropes of pain throughout her neck, shoulders and head”, complicated by post concussive syndrome hampered her concentration and ability to perform the duties required by her position as an inside sales agent; a position she had worked hard over time to obtain in the company.