Case Study - Pre-Existing Conditions

Instructor and Painter with Pre-existing Disability Faces Dramatic Loss of Earning Capacity

NATURE OF CASE: Personal injury litigation resulting from a work related accident.

OUTCOME: Case settled for $2,200,000.00.

ATTORNEY: James V. Parziale of Law Office of James V. Parziale, 2140 Fourth Avenue, San Diego, California, 92101-2196, (619) 231-2700, represented the plaintiff.

ATTORNEY COMMENT: “The credibility and experience of Richard Andersen was critical to this case because the plaintiff had an extensive history of chronic back pain (treated with Vicodin), depression and multiple medical problems. Four years before subject accident, Kaiser recommended he be placed on disability for his back condition, which he refused to do. Mr. Andersen cited this as evidence of our client’s motivation to continue working. He also had to sort out the negative effect of this poor medical history on Plaintiff’s future earnings ability. He managed this by candidly acknowledging there had to be an offset against future income loss for these prior medical problems. This helped me maintain the credibility of the case.”

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