Matt Nakajima

Friday, October 29th, 2021 // From 2:45pm to 5:00pm

Subject: Auto/Neck Surgery

2 hr Case Analysis


Matt Nakajima is a sought-after trial lawyer focusing his practice on wrongful death and catastrophic injury cases. His passion and dedication to clients drive his results. In his first ten years of practice, Matt has obtained tens of millions of dollars in verdicts, judgments and settlements on behalf of his clients. As a result of his track record of success in the courtroom, Matt is often asked to speak to trial lawyer organizations across Ohio and Kentucky on trial advocacy, litigation, and injury law. Respected by his peers, Matt has been a recipient of the prestigious “Rising Star” award by Super Lawyers every year since 2013: an honor bestowed on only 2.5% of the best up-and-coming attorneys in Kentucky and Ohio. In 2014, Matt was invited by the National Trial Lawyers to be a member of the Top 40 under 40 attorneys for Kentucky and Ohio and has a 10/10 Superb Avvo rating.

Case Analysis Details

Auto/Neck Surgery with a Significant Pre-existing Injury

Voir Dire, Opening Statement, & Closing Argument

On April 22, 2019, a 43-year-old woman, one year post cervical discectomy and fusion from levels C2 to C5, is unexpectedly struck in the rear by a Chevy Silverado. Two weeks after the crash, Danni saw her orthopedic surgeon with complaints of bilateral upper extremity weakness, but no complaints of neck pain and denies numbness and tingling in her arms. An MRI is ordered and confirms no new issues and that the anterior plates and screws from the prior surgery are stable. Almost 10 months after the crash, Danni returned to her surgeon this time with complaints of neck soreness and numbness in her right arm. An MRI was performed, and degenerative disk disease and moderate central stenosis were noted at C5-6 and C6-7. On May 11, 2020, Danni underwent neck surgery to extend her fusion through C6-7. On July 30, 2020, after receiving a settlement offer of $19,335, Danni filed suit. While the complaint was pending, Danni offered to accept the liability policy limits of 100k if offered before an answer was filed. The liability carrier and its counsel declined to negotiate. On July 20, 2021, after a year of litigation and discovery through Plaintiff’s expert disclosures, the liability carrier tendered its insured’s 100k policy limits. That same day, Danni demanded her 250k UIM limits. On August 13, 2021, Danni’s UIM carrier advanced the tortfeasor’s policy limits under the guise of preserving its subrogation claim but really to hide behind the sympathetic, 73-year-old tortfeasor at trial. The UIM carrier also refused to offer any new money. Leading to the presentation, Matt and Kyle will also provide you with all their settlement communications, complaint, discovery sets, narrative requests to experts and draft trial slides. Finally, Kyle and Matt will give a live opening and closing at TLU live.

Matt and Kyle will teach you:

  • When to file suit and stop negotiating; 
  • How to push to open the tortfeasor’s policy to increase settlement value;
  • How deal with pre-existing spine issues including prior surgeries;
  • How to overcome gaps in treatment;
  • How to deal with unfavorable medical records;
  • How to neutralize a sympathetic defendant; and much more