Boca Ratón, Florida, EE.UU. – The Firm’s Personal Injury Litigation Practice recently settled a personal injury case stemming from a rear-end collision where the defendant driver fled from the crash scene.

In December 2019, our client was waiting at a red light when suddenly she was rear ended by a large pickup truck. While on the surface the impact seemed to be minor, inside the car our client was jolted, scared, and confused. After collecting herself, she got out of the car only to see a man trying to flee from the scene. Her quick thinking led her to take a photo of the culprit’s license plate, who was later identified by the police.

As a result of the impact, our client was forced to seek treatment for what was later determined to be a rather significant whiplash injury to her neck – requiring corrective surgery. Unable to settle the case early, Kanner & Pintaluga’s Personal Injury Team filed suit against the driver.

To avoid the “hit and run” evidence being heard by the jury, counsel for the defendant decided to simply “admit negligence”. Defendants admit negligence when they want to keep the facts of the crash (or what events led to the crash) out of the case and focus the case on the plaintiff. By keeping the focus on the Plaintiff, the hope is that it will distract the jury from the defendant’s actions and instead put the plaintiff “on trial”. To counter this tactic, our trial team filed a motion asking the court to allow our client to claim punitive damages — damages meant to punish the defendant — for fleeing the scene of a crash. If the motion was granted, the jury would hear about the crash and about the defendant’s attempt to flee the scene.

Prior to trial and before the motion could be heard, defense counsel asked the parties to go to mediation. At mediation, trial attorney Mina Gracia y Howard Kanner were able to negotiate a $400,000 settlement for our client.

Consigue lo que mereces
Kanner & Pintaluga es una firma demandante nacional agresiva, ética y orientada a resultados comprometida a representar a víctimas de accidentes, lesiones graves y daños a la propiedad. Con un equipo de casi 100 abogados, tenemos la experiencia y los conocimientos para lograr el resultado más favorable para nuestros clientes. Si podemos ayudarlo o si simplemente desea hablar con un abogado para obtener la ayuda que necesita, no dude en contactarnos. Nuestro equipo siempre está disponible para discutir sus derechos y asegurarse de que usted y su familia estén protegidos.