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Tag Archives: pain and suffering

April 30, 2019 News
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Driver fleeing from police caused motor vehicle accident with injuries

New York – A driver who refused to pull over for police ran through a stop sign and then crashed into an SUV. This car accident caused the SUV to roll over and injured both the passenger and driver in that vehicle. In addition, the three passengers of the car that struck the SUV also suffered serious crash injuries. Included amongst those passengers were a one-year-old baby and two adults. The driver of that car that was fleeing police didn’t stop there. He apparently pretended that he was just an innocent bystander and left the scene of the accident with injuries. He has been found and arrested by police and brought up on multiple and extensive criminal charges. The injury victims are all being treated and face possible lifelong disabilities as well as pain and suffering. The injuries include broken bones, spinal injuries and internal organ injuries. The possibilities of nerve damage, traumatic brain injury and even wrongful death associated with their injuries remain a possible issues as well, according to a trauma specialist. Read more about this horrific SUV accident in this article.

Photo for illustrative purposes only. Photo Credit: Kim Scarborough [License]

January 17, 2018 Case Success Stories
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$ 1,270,000 Jury Verdict For Nurse Whose Vehicle Was Broadsided

New York – Ms. E. H., a nurse, suffered injuries to her left shoulder and knee as well as her neck and back in a motor vehicle crash. The car accident occurred when another car broadsided the victim’s car on Strickland Avenue in Brooklyn, NY. Ms. H. consulted with expert car accident attorney Stuart Wagner and filed a personal injury lawsuit against the driver of the other vehicle. After going to trial, the jury awarded the plaintiff a verdict of $1,270,000 to compensate her for pain and suffering as well as loss of earnings.

Photo for illustrative purposes only. Photo Credit: History in Photos [License]

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JURY RETURNS verdict $1,270,000 for Plaintiff (as reported in the New York Jury Verdict Reporter)

Jury Verdict: $1,270,000

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Court: Kings Civil, Kings County, New York

Injury Type(s): rotator cuff, injury (tear); shoulder; epidural injections; physical therapy; medial meniscus, tear; lateral meniscus, tear; herniated disc, cervical; herniated disc, lumbar; lower back; back and neck; neck; back; numbness; percutaneous discectomy; radicular pain / radiculitis; decreased range of motion

Case Type: Left Turn — Motor Vehicle Accident — Broadside — Motor Vehicle Crash — Verbal Threshold

Date: 10/20/2017

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY

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Facts & Allegations:
Around 7:15 a.m. on Aug 15, 2013, plaintiff E. H., 40, a licensed practical nurse, was operating her vehicle on Strickland Avenue in Brooklyn, when her vehicle was broadsided by a vehicle that was operated by J. L., the defendant, who made a left turn from East 59th Place. As a result of the impact, The plaintiff’s vehicle continued on and struck two parked vehicles on the side of the road.

The plaintiff claimed injuries to her left non-dominant shoulder, left knee, neck and back. The plaintiff sued the defendant. The plaintiff contended that the defendant was negligent in the operation of her vehicle. This was a summary jury trial.

Just prior to jury selection, defense conceded liability. The parameters of the case were $25,000 to the $300,000 insurance policy limits.

Injuries/Damages
The plaintiff drove herself from the scene of the accident to Kings County Hospital. She complained of pain to her chest, neck and back. X-rays were taken of her chest, neck and back, which were negative. She was given painkillers and ibuprofen and was told to follow up with her primary care physician before she was discharged home. The plaintiff claimed she sustained a rotator cuff tear to her left shoulder, a partial thickness surface tear of the infraspinatus muscle, tears of the medial and lateral menisci of her left knee and several herniations at the cervical and lumbar levels.

For treatment, the plaintiff began physical therapy on Aug. 19, 2013 through January 15, 2014, with 46 visits over five months. She later consulted with an orthopedic surgeon. She then went to a pain management physician and had painkillers prescribed, as well as injections to her knee on Sept. 6, 2016. She again had epidural injections to her left knee on Nov. 5, 2016. On Dec. 14, 2016, the plaintiff had bilateral L4-5 epidural injections to her lower back. She still complained of lower back pain and numbness and tingling radiating into both her legs. She then had a percutaneous discectomy at L4-5 with steroid injections, as well as nerve blocks at C5-6 and C6-7. She did not have any shoulder surgery. The plaintiff claims she still has weakness in her shoulder and her knees, a limited range of motion for her shoulder and knees, and that she has difficulty bending, lifting, climbing stairs and tending to her patients. The plaintiff had two part-time jobs. She was an LPN at a private group, a senior living center, where she would supervise other nurses who made house calls. Her other job was at a home health care service. She was not able to work at the senior center from the date of the accident until Dec. 1, 2013. For her other job, she was out on disability from the date of the accident until Nov. 8, 2013. The plaintiff claimed she was unable to do the physical labor involved as a home health nurse, and that accordingly, her position was replaced by someone else. The plaintiff sought recovery for her past and future loss of earnings and her past and future pain and suffering.

Defense contended that the plaintiff alleged injuries were not related to the subject accident. Defense contended that just prior to the subject accident, on July 31, 2016, she presented to Kingsbrook General Hospital when she missed a step and fell, injuring her left knee. Defense contended that her complaints were attributable to that previous fall and not the subject accident. Defense contended that the plaintiff’s injuries were pre-existing, and age and job related, due to the physical nature of working with patients as a home health nurse. Defense contended that if she sustained any injury from the subject accident, that they had resolved and the plaintiff could go back to her regular activities, including working. Defense’s orthopedic surgeon’s records indicated that there was no evidence of orthopedic disability after he examined her shoulder and both her knees.

Result
The jury found that the plaintiff sustained a significant limitation of use of a body function or system, that she sustained a permanent loss of use of a body organ, member, function or system and that she sustained a permanent consequential limitation of a body organ or member for 90 out of 180 days. The jury awarded the plaintiff $1.27 million. In accordance with the parties’ parameters on the policy limits, the plaintiff will receive the $300,000 from the insurance company.

$270,000 past lost earnings
$100,000 past pain and suffering
$100,000 future pain & suffering (over 10 years)
$800,000 future lost earnings (over 20 years)
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$1,270,000 plaintiff’s total award

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Judge: Judge Michael Gerstein

February 15, 2017 Case Success Stories
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$2.75 Million Premises Liability — Woman Suffers Broken Neck, Brain Injury From Falling Object

New York – A woman was walking along when a piece of stone facade collapsed off the side of a Brooklyn building. The collapse debris hit her in the head and neck, leaving her with a spinal fracture in her neck and a traumatic brain injury with concussion. After being hospitalized for several weeks and undergoing fusion surgery of her neck, the woman sought the legal guidance of the experts at Morrison & Wagner to file a negligent repair negligence lawsuit. They settled the case with the defendants agreeing to pay the injury victim $2,750,000.

Photo for illustrative purposes only. Credit: Bruce Monroe [License]

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Woman’s neck fractured by falling piece of building’s facade (VerdictSearch by Priya Idiculla)

Settlement: $2,750,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): brain damage; cognition, impairment; compression fracture; concussion; corpectomy; discectomy; effusion; finger; fracture, C4; fracture, neck; fracture, vertebra; fusion, cervical; hand; hardware implanted; head; memory impairment; physical therapy; pneumonia; shoulder; sutures; traumatic brain injury; trigger point injection; vertigo

Case Type: Premises Liability – Negligent Repair and/or Maintenance – Falling Object

Date: November 4, 2016

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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Facts & Allegations:
On Sept. 22, 2014, the plaintiff, an unemployed woman, was struck by a limestone fragment that had fallen off of the fourth-story facade of a building located in the Sunset Park section of Brooklyn. The woman sustained injuries of her head and neck.

The woman sued the premises’ owner and the premises’ manager. She alleged that the defendants were negligent in their maintenance of the premises. She further alleged that the defendants’ negligence caused the accident.

The plaintiff’s counsel contended that the accident was a result of prolonged neglect of the building’s exterior. He contended that photographs depicted chips, cracks and other irregularities of the facade.

Defense counsel contended that the accident may have been a result of erosion caused by power-washing of the building, but he ultimately conceded liability.

Injuries/Damages
The injury victim’s head was struck and lacerated by the limestone fragment. She was placed in an ambulance, and she was transported to Lutheran Medical Center, in Brooklyn. Doctors determined that she sustained a concussion and a compression fracture of her C4 vertebra. Her scalp’s laceration was closed via application of sutures. After four days had passed, she underwent surgery that included a corpectomy, which involved excision of her C4 vertebra; a discectomy, which involved excision of the anterior portion of her C3-4 and C4-5 intervertebral discs; fusion of the anterior region of her spine’s C3-4 and C4-5 levels; and implantation of a stabilizing cage. During her convalescence, she developed pneumonia and pleural effusion. Her hospitalization lasted about two weeks. She subsequently underwent physical therapy and a pain-management regimen, which included administration of painkilling trigger-point injections.

The accident victim claimed that her head’s injury caused damage of her brain, with residual effects that included confusion, disorientation, vertigo, and impairment of her memory and other elements of her cognition. She also claimed that her neck remains painful, that the pain radiates to her shoulders, and that her fingers and hands experience occasional tingling sensations. She undergoes periodic physical therapy.

The plaintiff sought recovery of past medical expenses, future medical expenses, damages for past pain and suffering, and damages for future pain and suffering.

Defense counsel contended that the woman did not sustain an injury of the brain.

Result
After selection of a jury, but prior to the scheduled start of the trial, the parties negotiated a settlement. The defendant’s primary insurer tendered its policy, which provided $1 Million of coverage, and the defendant’s excess insurer agreed to pay $1.75 Million. Thus, the settlement totaled $2.75 Million. Defense counsel claimed that, had a trial occurred, a discovery issue may have prevented the plaintiff’s counsel’s presentation of a safety expert who had been retained.

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Judge: Judge Donald Kurtz

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel. Additional information was gleaned from court documents.

February 15, 2017 Case Success Stories
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$450,000 Settlement — Senior Citizen Injured in Trip and Fall While Exiting Bus

New York – This 70-year-old man suffered a trip and fall accident while stepping out of a city transit bus in Manhattan. The bus accident victim and a witness explained that the bus stopped in an unsafe location, causing him to fall and injure his shoulder and elbow, including fractured bones. The injury victim sought compensation for his injuries as well as his significant pain and suffering. Together with the accident attorneys at Morrison & Wagner the man sued for negligence and received a settlement of $450,000 from the bus company defendants.

Photo for illustrative purposes only. Credit: Chris Sampson [License]

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Bus’s rider claimed he was discharged in a dangerous spot (VerdictSearch.com by Priya Idiculla)

Settlement: $450,000

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Court: New York Supreme, New York County, NY

Injury Type(s): arthroplasty; decreased range of motion; fracture, elbow; fracture, humerus; fracture, radial head; fracture, shoulder; internal fixation; open reduction; physical therapy

Case Type: Transportation — Bus — Slips, Trips & Falls — Trip and Fall — Government

Date: December 12, 2016

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

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Facts & Allegations:
On April 1, 2013, the plaintiff, 70, was a passenger of a transit bus that was traveling on East 60th Street, near its intersection at Second Avenue, in Manhattan. Moments after the bus had cleared the intersection, it driver stopped at a designated stop. While the plaintiff was exiting the bus, he tripped on a tree well’s surrounding brick wall. He fell onto a sidewalk, and he sustained injuries of an elbow and a shoulder.

The plaintiff sued the employers of the bus’s driver, the New York City Transit Authority and the Manhattan and Bronx Surface Transit Operating Authority. The lawsuit alleged that that bus’s driver was negligent in his operation of the bus. The lawsuit further alleged that the New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority were vicariously liable for the driver’s actions.

The plaintiff claimed that the bus’s driver stopped in a location that aligned the tree well and the bus’s rear door. He acknowledged that the bus’s front door was not obstructed, but he claimed that the bus’s passengers were advised to exit via the rear door, so entering passengers could utilize the front door. He claimed that he asked the driver to move the bus, but that the driver refused. The plaintiff claimed that he was traveling with a companion who had exited at the same stop, and, thus, he contended that he had to exit at that time and place. A witness, who claimed that he also exited at the same stop, agreed that the tree well blocked the bus’s rear door. The witness claimed that passengers would not have exited without stepping into the well or onto the surrounding wall.

Plaintiff’s counsel claimed that the brick wall’s height measured 8 to 10 inches, and he noted that the plaintiff was utilizing a cane at the time of the accident. He argued that, given the plaintiff’s disability, the bus’s driver owed him a special duty of care and should have moved the bus to a safer location.

The bus’s driver claimed that he was not asked to relocate the bus. The defense’s expert biomechanical engineer submitted a report in which he opined that, given the door’s elevation relative to the sidewalk and the presence of handrails, passengers were provided a safe means of exiting the bus. The expert also noted that the plaintiff’s companion had safely exited the bus.

Injuries/Damages
The plaintiff sustained a fracture of his right, dominant shoulder’s humeral component. He also sustained a fracture of his left radius’s head, which is a component of the left elbow.

The plaintiff was placed in an ambulance, and he was transported to a hospital. He was referred for further treatment.

After 23 days had passed, the plaintiff underwent open reduction and internal fixation of his right shoulder’s fracture. After four additional days had passed, he underwent an arthroplasty, which involved replacement of his left elbow. His surgeries were performed during a hospitalization that lasted a week. The hospitalization was immediately followed by a course of inpatient rehabilitation, which lasted 16 days. The plaintiff subsequently underwent two weeks of physical therapy.

The plaintiff claimed that he experiences residual pain during certain changes of weather. He also claimed that his left elbow and right shoulder remain weakened, that he cannot flex or elevate the elbow, that his right arm cannot be elevated above the level of his right shoulder, and that his residual effects hinder his ability to carry or lift objects.

The plaintiff sought recovery of damages for past and future pain and suffering.

Result
After the plaintiff’s fact witness had testified, and immediately prior to the scheduled start of the plaintiff’s testimony, the parties negotiated a settlement. The defendants, which were self-insured, agreed to pay a total of $450,000.

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Judge: Judge Peter Moulton

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel. Additional information was gleaned from court documents.

June 15, 2016 News
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Elevator accident leaves injured worker with arm amputation

New York – An elevator repairman was working on a recently installed elevator when a terrible accident occurred, injuring the worker. According to witnesses, the technician was in the middle of repairing the broken down elevator when something came loose. The man began screaming for help and a bystander called 911. Police, fire rescue and emergency medical services units raced to the scene and rescued the injury victim, treating him for an amputated arm and a leg injury. The wounded man was taken in to surgery in an attempt to reattach the severed limb. Trauma specialists explain that many times an amputation can be reattached but the victim can still be left with severe pain and suffering as well as a permanent disability.

An investigation into this case is underway, with building code and work safety officials looking into the cause of the accident. They will need to look at the training and safety equipment provided as well as the protocols being followed to determine if any negligence took place. In addition, they will need to see if any equipment failure or negligent maintenance of both the elevator and tools could have led to this horrific work injury. See this article for more details.

Illustrative Photo Credit: Aaron [License]

March 08, 2016 Case Success Stories
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$350,000 Settlement :: Woman Suffers Burns From Apartment Bath Tub

New York — This 63-year-old woman suffered severe burns when she was scalded by burning hot water in the bathtub of her Manhattan apartment. She was upset with the building’s manager and owner for keeping the water in the boiler so dangerously hot. After consulting with an personal injury lawyer expert at Morrison & Wagner, the woman decided to sue the building’s owner and manager for damages. They recovered $350,000 in a successful settlement.

Illustrative Photo Credit: Laurel Kate Sittig [License]

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Apartment’s tenant scalded in tub, claimed boiler was defective (VerdictSearch)

Settlement Amount: $350,000

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Court: New York Supreme, New York County, New York

Injury Type(s): leg; burns – third degree; surgeries/treatment – skin graft

Case Type: Premises Liability – Apartment, Tenant’s Injury, Negligent Repair and/or Maintenance

Date: January 24, 2011

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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Facts:

On Jan. 31, 2008, the plaintiff, a 63-year-old unemployed woman, was scalded while she was bathing in her residence, an apartment building that was located in the Hamilton Heights section of Manhattan.

The woman sued the building’s owner and the building’s manager. She alleged that the defendants were negligent in their maintenance of the premises.

The injured woman claimed that she entered her bathtub while the water was running at a comfortable temperature, but that the water’s temperature quickly reached a scalding level. The plaintiff’s counsel retained a boiler-safety expert, who examined the building’s water heater and claimed that its thermostat was set to 180 degrees Fahrenheit — 55 degrees greater than the temperature that had been recommended by the boiler’s manufacturer. The burn victim’s counsel also suggested that the thermostat may have been defective.

Defense counsel contended that the New York City Administrative Code specified that the thermostat’s setting had to exceed 120 degrees. She also contended that the building’s tenants had been told that they were not to bathe without first filling the tub and checking the water’s temperature. She claimed that the building’s staff had not received any written complaints of scalding water.

Injury:

The plaintiff claimed that she sustained third-degree burns of her legs. She underwent the application of grafts of skin, and her treating surgeon opined that the legs have healed without any scars or residual effects.

The injury victim sought recovery of damages for her past pain and suffering.

Result:

Defense counsel moved for summary judgment. She contended that New York law specifies that an apartment building’s tenant retains a duty to temper hot water prior to use. In response, plaintiff’s counsel contended that a jury would have to consider the possibility that the boiler’s thermostat was defective. During pendency of the motion, the parties negotiated a settlement. The defendants’ insurer agreed to pay $350,000, from a policy that provided $1 million of coverage.

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Judge: Richard F. Braun

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

March 07, 2016 Case Success Stories
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$ 450,000 Compensation -- Van Hits Child Pedestrian Crossing the Street

New York — A speeding van struck a young girl who was crossing the street. She sustained an ankle fracture and other personal injuries from the motor vehicle accident. The girl’s family sued the driver and recovered $450,000 in damages, thanks to the specialist accident lawyers of Morrison & Wagner.

Illustrative Photo by Eyone [Licensing cc-by-sa-2.5]

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Driver ignored red light, struck girl, suit alleged (VerdictSearch)

Settlement Amount: $450,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle-fracture (pilon fracture); ankle-fracture (fracture, bimalleolar); other-swelling; other-physical therapy; other-comminuted fracture; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type: Motor Vehicle – Speeding, Red Light, Pedestrian

Date: September 3, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY, for the plaintiff

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Facts:

On May 13, 2006, the 9-year-old plaintiff was struck by a van. The incident occurred on Jerome Avenue, near its intersection at East Fordham Road, in the Fordham section of the Bronx. She sustained injuries of an ankle and a leg.

The girl’s mother, acting as her daughter’s parent and natural guardian, sued the van’s driver and the van’s owner. The mother alleged that the driver was negligent in the operation of his vehicle. She further alleged that the van’s owner was vicariously liable for the driver’s actions.

The pedestrian accident victim claimed that the driver ignored a red traffic signal, that he was speeding and that he failed to yield the right of way.

The van driver contended that the young pedestrian abruptly walked onto the street and initiated contact with the side of his van. He also contended that she ignored a red pedestrian-traffic signal that should have prevented her entrance to the intersection.

Deposed witnesses did not provide conclusive accounts of the manner in which the accident occurred.

Injury:

The girl sustained a bimalleolar fracture — a fracture of both sides of the ankle’s malleolus, which is the ankle’s bony protuberance. The injury affected her left ankle. She also sustained a pilon fracture of her left leg. A pilon fracture is a comminuted fracture of the lowest portion of a leg’s tibia. Her fractures were treated via open reduction, and she also underwent the internal fixation of a rod that was attached to her left leg’s fibula. The surgeon noted that the girl was suffering some disruption of the associated growth plate, but persistent swelling was the only complication of the healing process. However, the surgeon also noted that swelling may be a precursor to arthritis. The accident victim also underwent about two months of physical therapy.

The girl’s mother sought recovery of damages for her past and future pain and suffering.

Result:

The parties negotiated a $450,000 pretrial settlement.

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Judge: Wilma Guzman

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

March 07, 2016 Case Success Stories
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Award: $1.05 Million -- Pedestrians in Crosswalk Struck by Car in Brooklyn, New York

New York — A man and his daughter were crossing a Brooklyn street when they were struck by a car. The accident victims suffered multiple injuries and underwent extensive treatment. They sought the assistance of the experienced injury attorneys at Morrison & Wagner, who helped them win a total of $1,050,000 in compensation for their injuries, pain and suffering.

Illustrative Photo Credit: Benjamin Bousquet [License]

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Father, daughter claimed motorist struck them in crosswalk (VerdictSearch)

Actual Award: $1,050,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): hip-fracture; leg-scar and/or disfigurement; head; head-headaches; head-concussion; knee-fracture; tibial plateau-fracture; brain-subdural hematoma; chest-fracture; rib; other-sutures; other-laceration; other-physical therapy; pelvis-fracture (fracture, pubic ramus); shoulder-fracture (fracture, clavicle); foot/heel-fracture; toe; mental/psychological-cognition (memory, impairment)

Case Type: Motor Vehicle – Pedestrian

Date: May 14, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY
Ira Cooper; trial counsel, Morrison & Wagner, LLP; New York, NY

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Facts:

On Jan. 10, 2010, the plaintiff, 62, an attorney, and his daughter, a minor, were struck by, or collided with, a motor vehicle. The incident occurred on Elm Avenue, alongside its intersection at East 14th Street, in the Manhattan Terrace section of Brooklyn. The plaintiff sustained injuries of his head, his knees, a rib, a shoulder and a toe. His daughter sustained injuries of her hips and a thigh.

The injured man, acting individually and as his daughter’s parent and natural guardian, sued the vehicle’s driver and co-owner and the vehicle’s other co-owner. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that co-owner was vicariously liable for the driver’s actions.

Plaintiffs’ counsel claimed that the impact occurred in a crosswalk of Elm Avenue. They further claimed that the daughter and her father were struck by the front end of the vehicle. The driver acknowledged that he later noticed a dent of his vehicle’s front end and that the dent did not predate the accident.

The daughter claimed that the vehicle struck her right hip. Her father claimed that he sustained an injury that prevents his recollection of the impact or any other part of the accident, but Justice Richard Velasquez invoked the Noseworthy doctrine, which specifies that certain impairments permit a reduction of a plaintiff’s burden of proof.

The driver claimed that the daughter and her father entered the roadway and initiated contact with one side of his vehicle. Defense counsel noted that the father sustained a fracture of a toe. He suggested that the injury was a result of the toe having been crushed by one of the vehicle’s tires, and he argued that such a scenario could only have occurred if the plaintiff had approached from one side of the vehicle and stepped in front of one of its tires.

The driver claimed that he had scanned a distance of about 10 car lengths and did not notice pedestrians or oncoming traffic. He acknowledged having told a responding police officer that the sun’s glare hindered his view of the roadway, but he claimed that the statement was a result of nervousness during the moments that followed the accident.

Injury:

The injured father sustained a concussion, a laceration of his head, a fracture of his right leg’s tibial plateau, which is a component of the knee, a fracture of his left knee, a fracture of his left shoulder’s clavicle, a fracture of his right foot’s first toe and a fracture of a rib. His head’s injury also produced a subdural hematoma.

The accident victim was placed in an ambulance, and he was transported to Lutheran Medical Center, in Brooklyn. His hospitalization lasted four days.

The plaintiff’s treatment comprised a few weeks of physical therapy. He claimed that his concussion has produced lasting effects that include headaches, impairment of his ability to concentrate and impairment of his short-term memory. He further claimed that his residual effects prevented proper performance of his job’s duties and necessitated an early retirement.

The plaintiff sought recovery of damages for past and future pain and suffering.

The daughter sustained a fracture of her pelvis’s left superior public ramus, which is a component of the left hip, a fracture of her pelvis’s right superior pubic ramus, which is a component of the right hip, and a laceration of her right thigh.

She was placed in an ambulance, and she was transported to Lutheran Medical Center. Her right thigh’s laceration was closed via application of sutures. A doctor determined that she was too young to undergo surgical repair of her fractures, so the fractures were allowed to heal naturally.

The daughter retains a scar of her right thigh, but she does not suffer residual pain or limitations. Her father sought recovery of damages for his daughter’s past and future pain and suffering.

Defense counsel contended that the daughter’s injuries healed within a few weeks.

Defense counsel also contended that the injury victim did not sustain a lasting injury of the brain. The defense’s expert neuropsychiatrist opined that a post-accident psychiatric test produced normal results. Defense counsel contended that the plaintiff can resume his job.

Result:

During the trial, the parties negotiated a settlement of the daughter’s claim. The defendants’ insurer agreed to pay $150,000.

The jury found that the defendants were liable for the accident. It determined that the injured man’s damages totaled $900,000. That amount, plus the amount recovered via the settlement, totaled $1.05 million.

Father: $400,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering

Actual Award: $1,050,000

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Judge: Richard Velasquez

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

March 02, 2016 News
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Pedestrian accident leaves child with traumatic brain injury

New York – The driver of a car in Nassau County, Long Island apparently hit a pedestrian as she was crossing the street over the weekend. The victim, only 10 years old, was struck by a car and suffered a severe head injury. She was rushed to the emergency room of a hospital and listed in critical condition according to doctors. The accident victim was diagnosed with a traumatic brain injury but it is unclear how much brain function was affected. The car accident in under investigation, with investigators looking into the mechanical functioning of the car as well as the actions of the driver.

Trauma specialists explain that a head injury can cause a concussion, loss of consciousness and intracranial hemorrhage. Each of these may be classified as a traumatic brain injury and further investigation and treatment is crucial. A simple concussion may lead to post-concussional syndrome that can leave the victim disabled and unable to function. In addition, intracranial bleeding can lead to a person needing emergency surgery and a coma. Recent research on the topic of traumatic brain injuries in children suggests that treatment can be improved using nutrition. However, the victims and their families can be left with lifelong medical bills, pain and suffering. If you or someone you know suffered a head injury, you have the right to discuss the details of your case with an injury attorney.

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

January 06, 2016 Case Success Stories
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$ 425,000 Mediated Settlement – Pedestrian Struck by Car While on Sidewalk

A car jumped the curb while exiting a parking lot, hitting a 61-year-old woman who was standing on a sidewalk in Queens, New York. The injuries that she sustained during the crash included a hip injury and pelvic fracture that required surgery to implant a metal pin to repair the broken bone. She was hospitalized for in-patient rehabilitation with physical and occupational therapy for 3 months. The pedestrian accident victim was left with chronic pain, decreased range-of-motion and will likely develop post-traumatic arthritis in those areas, according to her treating doctor. The woman filed a lawsuit against the driver for negligent operation of a vehicle, claiming that this negligence is what caused the accident and her permanent injuries. The driver of the car claimed that he had lost consciousness just prior to the car crash and should not be held responsible for the accident. However, the car accident victim secured the services of Morrison & Wagner LLP, who helped mediate a pre-trial settlement of $425,000 for her injuries as well as her residual pain and suffering. For more of our success cases please check out this link.

Illustrative photo by Nevit Dilmen © [CC BY-SA 3.0 or GFDL], via Wikimedia Commons