1/29/2006 - Posted by:
Law Office of Richard Bartel
Phone: 631-288-8600
Fax: 631-288-2981
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Win Despite poor medical records.

Despite  poor medical records which conflicted as to whether  the plaintiff's leg was actually broken (so we could make NY threshold to bring an action) and considerable defense motion practice, we made threshold  on facial disfigurement based on a small cut lip and a 3/8" scar above the nose. At the Arbitration, the defense doctor's (IME) records noted the permanent scaring but the female defense attorney sitting 3 feet away across the table  said she couldn't see any scars on my client's face. When the Arbitrator asked if the defense attorney would like to revise her opinion, the defense attorney offered the following: " Couldn't you just use heavy make up to cover  those?"  My plaintiff was awarded $200,000.00
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