$800,000
Motor Vehicle Accident — Illegal Right Turn
What Happened
Our client was driving when the defendant made an illegal right turn directly into him. The collision caused significant injuries. What should have been a straightforward liability case became complicated by our client’s history — a prior car accident and a congenital defect that the insurance company argued made him inherently more susceptible to injury.
The Defense Strategy
The insurer’s position was predictable: our client’s injuries were caused by the prior accident, not this one. The congenital defect, they argued, meant they couldn’t be held responsible for the full scope of the harm. It was a preexisting condition defense, and it was being used to suppress the value of the claim. The original offer never exceeded $400,000.
How Jason Responded
Jason was brought in as trial counsel. His position was straightforward: a defendant takes a plaintiff as they find him. The fact that our client had a prior injury or a structural vulnerability does not reduce the defendant’s liability for the harm they caused — it is the defendant’s conduct that matters, not the plaintiff’s medical history.
Jason made clear he was prepared to take the case to trial and present that argument to a jury. The insurer, facing a credible trial threat and a persuasive liability narrative, reconsidered.
The Result
The case settled for $800,000 — double the highest prior offer. The insurer folded before trial.
What This Case Demonstrates
Preexisting conditions are one of the most common tools insurers use to minimize settlement value. They are rarely the decisive factor that insurers suggest — but they can be if the opposing attorney allows them to be. Jason didn’t. The willingness to try the case, and to make the argument in front of a jury, changed the outcome.
Free Consultation
Call or text Jason Linden to discuss your case. No fee unless he wins.