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Tag Archives: accident injuries

March 08, 2016 Case Success Stories
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$300,000 Verdict for Victims Injured in Rear-End Car Crash

New York — A couple in their 60s were read-ended in a car accident while they were stopped at a red light. They both suffered accident injuries and decided to file a personal injury lawsuit. They claimed that the defendant was a negligent driver. With the assistance of a car accident lawyer with Morrison & Wagner, the couple received a jury verdict that awarded them over $300,000.

Illustrative Photo Credit: Rian Castillo [License]

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Couple claimed car crash caused knee, shoulder injuries (VerdictSearch)

Verdict Amount: $300,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s): knee – meniscus tear; other – labrum tear; other – physical therapy; surgeries/treatment – arthroscopy; surgeries/treatment – knee surgery

Case Type: Motor Vehicle – Passenger, Rear-ender, No-Fault Case, Multiple Vehicle

Date: April 8, 2011

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

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Facts:

On Aug. 23, 2007, the plaintiff, 69, a retiree, was driving on Third Avenue, near its intersection at East 188th Street, in Harlem. His wife, plaintiff’s decedent, 63, a homemaker, was a passenger. When the man reached the intersection, he stopped at a red traffic signal. Before he could resume travel, his vehicle’s rear end was struck by a trailing vehicle driven by a man who was not the owner of the vehicle. The plaintiff claimed that he sustained injuries of his knees. His wife claimed that she sustained injuries of a knee and a shoulder. She subsequently died, but her death was not related to the accident.

The injured plaintiff, acting individually and as administrator of his wife’s estate, sued the driver and the owner of the vehicle. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that the vehicle’s owner was vicariously liable for the driver’s actions.

Defense counsel conceded liability. The matter proceeded to a summary jury trial that addressed damages.

Injury:

The plaintiff drove to Metropolitan Hospital Center, in Manhattan, and he underwent minor treatment.

The injury victim ultimately claimed that he sustained tears of his knees’ menisci. On Sept. 26, 2007, he underwent arthroscopic surgery that addressed the injury of his left knee. On Jan. 25, 2008, he underwent arthroscopic surgery that addressed the injury of his right knee. He contended that he also underwent several months of physical therapy.

The plaintiff claimed that he suffers permanent residual pain that prevents his resumption of one of his favorite activities: gardening. He sought recovery of damages for his past and future pain and suffering.

The man’s wife was placed in an ambulance, and she was transported to Metropolitan Hospital Center. She underwent minor treatment.

The injured woman ultimately claimed that she sustained a tear of her right knee’s meniscus; a tear of the labrum of her right, dominant arm’s shoulder; and a tear of the same shoulder’s rotator cuff, though the latter injury was not definitively diagnosed. On Dec. 31, 2007, she underwent arthroscopic surgery that addressed her right knee. On Jan. 3, 2007, she underwent arthroscopic surgery that addressed her right shoulder. She also underwent several months of physical therapy. She died some eight months after the accident had occurred, but her death was not related to the accident.

The deceased woman’s estate sought recovery of damages for her pain and suffering.

The parties stipulated that the plaintiffs’ total damages could not exceed $150,000.

Defense counsel contended that neither plaintiff sustained a serious injury, as defined by the no-fault law, Insurance Law § 5102(d). She claimed that their injuries stemmed from age-related degenerative conditions that were not related to the accident. She challenged the extent of the plaintiff’s treatment, noting that he could not produce any record of having undergone physical therapy, and she questioned the extent of his pre-accident gardening activities. She also noted that doctors did not definitively diagnosis a tear of the injured woman’s right shoulder’s rotator cuff.

Result:

The jury found that each plaintiff sustained a serious injury. It determined that their damages totaled $375,000. The plaintiff’s share totaled $200,000, which comprised damages for past and future pain and suffering, and the wife’s estate was allocated $175,000, all for pain and suffering.

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Judge: Yvonne Gonzalez

Editor’s Comment: This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

March 07, 2016 Case Success Stories
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$600,000 Settlement -- Home Health Aid Injured in Nassau Car Crash

New York — A 52-year-old woman who was working as a home health aid suffered severe accident injuries in a car accident. The car was owned by her employer and being driven by a friend of the employer, who both died during the car crash. The injured woman consulted with the expert lawyers of Morrison & Wagner and filed a personal injury lawsuit against the estates of the employer and driver. The estates agreed to pay the injury victim $600,000 in damages.

Illustrative Photo (Altered to obscure license plate and address): Todd Dwyer [License]

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Heart failure, age blamed for fatal car crash (VerdictSearch)

Amount Recovered: $600,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle; other-laceration; other-tendon; severed/torn foot/heel-foot; neurological-nerve damage/neuropathy (nerve damage, peroneal nerve)

Case Type: Motor Vehicle – Speeding, Passenger, Single Vehicle

Date: June 15, 2007

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

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Facts:

On March 26, 2003, the plaintiff, 52, was working as a home health attendant for defendant A, at defendant A’s home in Westbury. On this day, defendant B invited defendant A out to dinner and offered to drive. The three of them go into the garage, and the defendant B sat down in the driver seat of defendant A’s vehicle, while the plaintiff and defendant A got into the back seat. The vehicle then sped out of the garage, down the driveway, turned right and crashed into a house across the street. Defendant B, who was driving, was found unconscious at the accident scene and having sustained multiple injuries. He later died without having regained consciousness. Defendant A was also killed in the accident. The injured plaintiff claimed that as a result of the collision her feet became trapped under the front passenger seat and that she sustained severe lacerations of her right ankle and toes.

The woman accident victim sued defendant A’s estate and defendant B’s estate. She alleged that defendant B, as the driver, was negligent in the operation of the vehicle and that defendant A, as the vehicle owner, was vicariously liable for defendant B’s actions.

Defendant A’s estate commenced a separate action against defendant B’s estate, alleging that defendant B was negligent in the operation of the vehicle. The matters were joined for trial. However, the action by defendant A’s estate settled on Sept. 25, 2006, and the plaintiff’s matter continued against both defendants.

The woman claimed that defendant B was negligent for pulling out of the garage and driveway at an excessive rate of speed and for failing to keep proper control of the vehicle. Plaintiff’s counsel argued that defendant B should not have been driving at his advanced age of 86.

Defense counsel alleged that defendant B suffered a stroke or heart attack once he was behind the wheel and that this caused defendant B’s erratic driving. The defense contended that since this was an unforeseen event, there was no liability. Plaintiff’s counsel argued that there was no medical evidence to prove that defendant B had suffered either a heart attack or stroke.

Injury:

The plaintiff was placed in an ambulance and transported to Winthrop-University Hospital, in Mineola. She remained in the hospital for eight days and was diagnosed with compound lacerations of the dorsal aspect of the right foot, including lacerations of the extensor digitorum communis tendons and extensor digitorum brevis tendons of toes 2 through 5, and a laceration of the peroneal nerve in the right ankle. The car crash victim underwent operative repair of the peroneal nerve injury the day after the accident, followed by approximately 26 weeks of physical therapy, but she complained that it was not successful.

The plaintiff claimed that the lacerations of her right ankle and toes caused a loss of function to the long extensors of the lateral toes. She alleged that she was left with a club foot and had trouble walking. She sought recovery of damages for her past and future pain and suffering.

Defense counsel contended that the plaintiff made a good recovery from her injuries following the surgery. The defendant’s orthopedic expert determined that the surgery was successful and that the woman’s toes were OK. However, he found that she did experience a loss of sensation to the lateral two-thirds of her right foot due to the peroneal nerve laceration. He determined that the plaintiff could not actively extend her lateral toes, but that they were in a neutral position and did not curl downward or upward. Thus, the expert concluded that the woman did not suffer a disability.

Result:

The parties agreed to settle prior to trial for $600,000. Of the total settlement, defendant B’s estate paid $500,000, and defendant A’s estate paid $100,000.

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Judge: Howard R. Silver

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

September 30, 2014 News
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Police van accident leaves multiple victims injured and one dead

New York – Last week’s police van crash killed one NYPD officer after it crashed on the Bruckner Expressway in the Bronx. The on-the-job accident left eight others with multiple injuries, including at least one victim with a head injury and shoulder injury. Investigators were looking into the possibility that the driver was speeding or even driving recklessly. According to reports, the van was coming around a sharp bend when it lost control and hit a road barrier, ejecting one victim. That victim was the one who died of his accident injuries shortly after the collision. The police vehicle was not on its way to an emergency call and so the lights and sirens were not being used at the time. Motor vehicle collision specialists say that a reckless driver can easily cause a wreck such as this one, especially when driving a larger and heavier vehicle like a van. In fact, this type of vehicle can easily roll over in an accident due to the higher center of gravity. These facts make it more dangerous to operate such a police vehicle and experts say that these drivers require extra training. Internal investigations will be needed to determine if the driver was properly trained and following all necessary safety precautions to prevent accidents or injury. A worker’s compensation lawyer notes that the injuries incurred in this work accident should be covered by the police department’s worker’s comp insurance. However, if proper safety precautions were not being employed at the time of the crash, an attorney may be advisable for the injured victims as well as the family of the man who was killed in the collision. See this article for more details about the police car accident.

Illustrative photo by Youngking11 (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

August 12, 2014 News
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Fatal accident on New York Thruway involved wrong-way driver

New York – Earlier this morning a car crash occurred on a major highway, killing the drivers of both involved vehicles. According to officials, the driver of a pickup truck was driving the wrong way on the New York State Thruway in Rockland County, when his truck hit an oncoming SUV car. The car collision caused fatal injuries and sent emergency crews racing to the scene of the wrong-way accident. Reports show that the driver of the vehicle that had been driving on the wrong side of the highway was actually a New York City police officer, although he was off-duty at the time of the early morning truck accident. Video footage of the accident scene shows that the 2 vehicles apparently were involved in a head-on collision, causing severe damage to the front seat compartments, mostly on the driver’s side. Trauma specialists note that this type of car crash can be the most serious, involving 2 heavy vehicles that were both travelling at high speeds and hitting each other head-on. They explain that the velocities of the truck and the SUV add together to create a deadly motor vehicle accident. The types and severity of accident injuries are often also much more serious when this type of accident occurs.

Investigators are continuing their evaluation of the crash to determine what caused it. Possibilities include speeding, reckless driving, drug use and drunk driving, especially when the collision includes a wrong-way accident. An accident lawyer says that the at-fault driver, or in this case, the driver’s estate and car insurance company, faces a strong possibility of a wrongful death lawsuit. It is unclear if there were any other victims of the crash or the nature of any injuries. You can see more about the wrong-way collision here.

Illustrative photo by U.S. Navy [Public domain], via Wikimedia Commons

July 28, 2014 News
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Bus crashes injured pedestrians and bicyclist in New York City

New York – A pedestrian accident left two women with severe injuries after they were hit by a bus in Manhattan. The bus crash occurred when the women were crossing the intersection of 47th Street and 10th Avenue in Midtown. The bus driver was turning left onto the side street and apparently had a green light according to witnesses. However, pedestrians crossing at a crosswalk usually have the right-of-way over motor vehicle traffic. The bus struck the pedestrians and left one of the women crushed under a back wheel of the vehicle. The other accident victim was thrown to the ground after being hit and suffered a leg injury. Emergency crews rapidly responded to the scene of the collision and had to extricate the trapped victim from under the tire. Police explain that the bus was owned and operated by a private transportation company. They were continuing their investigation into the cause of the bus accident and the safety record of the bus company.
Reports also show that a second, unrelated bus crash occurred only four days later, this time in Brooklyn, NY. That bus was operated by the Metropolitan Transportation Authority (MTA), who issued a statement that the cause of the accident was actually the bicycle rider. Witnesses reported that the bike rider was working as a delivery man when he suddenly pulled out in front of the bus. The bus then crashed into several cars as it apparently swerved. It was unclear if anyone on the bus suffered any accident injuries. An accident lawyer noted that if substantiated, the bicyclist can face charges and a lawsuit for causing a motor vehicle accident. See this article for more details about the bicycle accident.

Photo by AEMoreira042281 (Own work) [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

July 13, 2014 News
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Garbage truck accident in Brooklyn causes injuries and death

New York – A car crash involving a BMW versus a garbage truck occurred on Wednesday, according to police. The truck crash apparently began when the driver of the car slammed into the privately owned and operated truck. Emergency services reported that one of the passengers from the car, a man in his twenties, died from massive trauma during the collision. At least 2 other people were injured in the motor vehicle accident, including another passenger and the driver of the car. Those accident injuries have required emergency treatment according to reports. The 2 workers that were in the garbage truck did not require transport to an emergency room but may require evaluation for possible injuries. Trauma doctors note that some injuries from an accident may only become evident hours, days or even weeks after the initial incident. This is why doctors recommend that anyone who is involved in a serious accident with injuries, should be evaluated soon after the crash, even if the injured victim was someone else involved in the incident. They note that if there was enough force to cause injuries to another person in the accident, then there’s a higher likelihood that other people also suffered an injury. This is even more so the case if there was someone killed in the accident. Such injuries can include a spinal injury, internal bleeding or even a broken bone.

While the injured victims are tended to, the police continue to investigate the cause of the truck collision. They have reported that the driver of the car may have been a drunk driver and this may have caused the accident. In fact, the driver had been charged with driving while under the influence (DWI) in the past and there was a warrant out for his arrest. The current DWI charge would bring a more severe penalty in light of the wrongful death in this case. Find out more about the drunk driving accident here.

Illustrative photo by Kevin.B (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

June 18, 2014 News
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Two pedestrian accidents on Long Island involved young children

New York – Two unrelated motor vehicle accidents occurred within hours of each other this past Sunday. The first car accident involved a 6-year-old pedestrian struck by a car in Suffolk County, Long Island. The accident victim in that crash was crossing the street when she was hit by a car. that was driven by an elderly man. Hospital officials report that the young girl died of the injuries from the collision despite their best efforts to revive her.

Suffolk County Police report that only several hours later, a 10-year-old boy was seriously injured in a similar car crash. The boy was crossing the road with his mother when he was struck by a car being driven by a 21-year-old driver. The victim was rushed by a medivac helicopter ambulance to a trauma center. He is undergoing continued treatment for extensive wounds both externally and internally. At this point, it appears that the most serious problem is a head injury, which requires further evaluation to determine if the victim suffered a traumatic brain injury. Police in both cases are continuing their investigation into the causes of the accidents but have not yet issued any tickets or made arrests. Some of the investigations will include an evaluation of the mechanical condition of the vehicles and an assessment to see if speeding may have contributed to the crashes. Read more about these pedestrian accidents here.

Illustrative photo by Michael Rivera (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

June 03, 2014 News
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Research shows high incidence of post-traumatic stress disorder in child accidents victims

A Swedish medical research study has shown that approximately 30% of children that are involved in an accident, develop post-traumatic stress disorder (PTSD). The condition is a well-described psychological disorder that leaves victims with a range of symptoms that can even become debilitating. Signs and symptoms of PTSD include nightmares, sleep problems, anxiety, depression, irritability, difficulty concentrating or getting along with others, mood swings, and recurrent thoughts of accidents. Some people develop difficulty breathing, a rapid heartbeat, sweating and phobias of places that resemble the scene of the accident. The diagnosis of the psychological injury usually comes from a psychologist or psychiatrist but can also be made by an astute family doctor, neurologist or trauma specialist. Doctors say that medications and intense therapy are often necessary to treat more severe cases of the disorder. However, specialists say that even more mild cases should be diagnosed and treated appropriately in order to avoid worsening of the condition. PTSD can certainly present differently in children compared to adults. The condition is also not necessarily associated with physical accident injuries. Therefore, experts note that a medical or psychological professional should examine children that were involved in an accident to screen for the condition even if the victim did not suffer outwardly visible physical injury. Trauma specialists explain that events that may cause PTSD can include a car crash, bicycle accident, pedestrian injury, drowning or even a slip and fall accident. They further note that child accident victims may interpret even minor accidents differently than an adult. That may explain the reason for the high incidence of the psychiatric injury in children. See this informative article about post-traumatic stress disorder for more details about the condition.

Illustrative photo by U.S. Navy photo by Mass Communication Specialist 2nd Class Michael C. Barton [Public domain], via Wikimedia Commons

May 12, 2014 News
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Police arrest man accused of hit-and-run car accident on Long Island

New York – The driver of a sport utility vehicle (SUV) crashed into a car, causing serious accident injuries to the other driver and unknown injuries to the passenger. Police report that the man driving the SUV had been arrested in the past as a drunk driver and convicted a few years ago. The charges against him include fleeing the scene of an accident with personal injuries and allegedly driving while under the influence of alcohol or drugs. He apparently bypassed the installed breathalyzer device in his car that was intended to prevent additional drunk driving incidents. Road safety specialists say that driving while intoxicated or impaired increases the danger of a motor vehicle collision, including a pedestrian accident or bicycle accident. Public wellbeing activists have complained that the courts and government have been negligent in effectively keeping drunk or dangerous drivers off of the roads. Some have pointed out that installing a breathalyzer system in a convicted drunk driver’s car is not enough. These systems are too easy to bypass and a driver can also simply use a different car. They note that reckless drivers should be dealt with harshly, including putting them in jail, in order to protect the welfare of everyone else on the roads. An accident lawyer in New York City explains that the driver of the SUV will likely face both criminal charges as well as a personal injury lawsuit. However, the possibility of further charges or lawsuits cannot be excluded pending investigation of the circumstances surrounding the SUV accident. More about the car crash can be found here.

Illustrative photo by U.S. Navy photo by Mass Communication Specialist Seaman Patrick J. Cook [Public domain], via Wikimedia Commons

April 23, 2014 News
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New York City taxi accident killed pedestrian

New York – A pedestrian accident left a woman dead after she was hit by a cab as she was crossing the street. Witnesses say that the woman and her friend were crossing the Upper East Side road when a taxi struck her and pushed her into the lane of another cabbie. The second taxi crashed into the already injured victim, possibly causing the fatal blow. Bystanders raced to start treating the woman’s accident injuries and stop traffic in order to prevent another car crash. Police believe the two pedestrians may have been jaywalking but it was unclear if the yellow cabs were speeding at the time of the collision. Accident specialists explain that the cause of a car crash is not always immediately evident and requires close examination. Anything from drunk driving or a distracted driver to speeding or poor road design can contribute to an accident. They note that some collisions have multiple contributing causes and a complete investigation is necessary to prevent further injuries or wrongful deaths. Some hazardous conditions can simply be alleviated by installing better signs or lighting while other car accidents can be prevented with stronger police enforcement of known trouble spots. For example, police awareness and ticketing programs to prevent reckless driving or driving while texting or talking on a cell phone can help prevent crashes. However, experts note that the taxi drivers may have also suffered injuries during the accident that may have been caused by the pedestrians. They explain that everyone that shares the roadway is expected to follow the appropriate laws, including pedestrians and bicyclists. If you, or someone you know, were involved in a motor vehicle accident, you are entitled to discuss your case with an experienced accident lawyer to determine your rights. Read more about this pedestrian struck accident here.

Illustrative photo by The Wordsmith (Own work) [CC-BY-SA-3.0], via Wikimedia Commons