Amos Gern and Ana Rita Ferreira recently settled a motor vehicle accident lawsuit in which a 68 year old pediatric dentist was struck from behind causing him to sustain neck and left hand injuries. The plaintiff’s treating spinal surgeons opined that his injuries would require neck surgery in the future. This was further confirmed by his no-fault carrier’s independent medical examination. However, our client was reluctant to proceed with the recommended cervical fusion surgery, in spite of the fact that he had to limit his dental practice to some degree. The value of the case was therefore diminished by the plaintiff’s decision to forego surgery, even though there was more than adequate insurance coverage in the case.
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