Martin + Colin, P.C. announces a settlement for a passenger who suffered personal injuries during a car accident on Baychester Avenue in The Bronx. The car crash victim, a Bronx resident, was the front seat passenger in the automobile. Our experienced car accident lawyers were hired within weeks of the crash. We immediately set out to protect the injured passenger’s rights and obtain for him the financial compensation he deserved. Today, we are pleased to report that, within one year of the accident, we were able to secure a six figure settlement for our client.
One night in August 2015, our client was a passenger in a vehicle traveling northbound on Baychester Avenue at or near the intersection of Givan Avenue. The other driver crossed over the double yellow line and collided head on with the vehicle in which our client was a passenger. The airbags deployed.
Physical Injury and Medical Treatment Facts
Our injured client went directly from the accident scene to Jacobi Medical Center by ambulance. His chief complaints at the hospital were pain in his neck, lower back and chest. A chest x-ray and EKG were performed at hospital, which showed no significant abnormalities.
Our injured client was discharged with a prescription for Motrin. He was instructed to follow up with his primary care physician if his pain was not improving or if he experienced an increase in symptoms.
As our injured client experienced persistent pain, he consulted with an orthopedic surgeon. His chief complaints were: 1) aching, decreased range of motion, numbness and tingling, pain, spasms, stiffness, weakness of the neck radiating to his right arm; 2) aching, decreased range of motion, pain, spasms, weakness of the low back radiating down the right thigh; and 3) aching, clicking, decreased range or motion, pain, stiffness, swelling of the right knee radiating up the right thigh.
The orthopedic surgeon diagnosed cervical and lumbar strain and radiculopathy, recommended modification of activities, heat treatment for the neck, back and knee, and an MRI of the right knee.
Our injured client had an MRI of his right knee performed and went for a follow up visit with the orthopedic surgeon to discuss the results. The MRI revealed a tear of the posterior horn of the medial meniscus and medial retinacular sprain. The orthopedic surgeon scheduled our injured client for right knee arthroscopic surgery.
Orthopedic Surgery Facts
The right knee arthroscopic surgery was performed at Saint Joseph’s Medical Center in Yonkers, New York. The orthopedic surgeon performed a synovectomy and chondroplasty of the medial femoral condyle. The surgeon’s post-operative diagnoses were: tear of the medial meniscus – partial – right, tear of the lateral meniscus – partial – right, synovitis-right, and chondromalacia medial femoral condyle-right.
Physical Recovery Facts
Our injured client followed up with the surgeon following the orthopedic procedure and began physical therapy. Although his knee recovered from the car accident, the client continued to complain of pain to his neck and back with radiating symptoms.
Here, our client, an injured passenger, was able to establish his prima facie entitlement to judgment as a matter of law on the issue of liability by submitting evidence showing that the defendant – driver violated Vehicle and Traffic Law § 1120 and 1128 by failing to exercise due care, failing to remain on the right side of the roadway, and failing to take adequate precautions to avoid colliding with the vehicle in which our client was a passenger.
Our client was transported to the hospital by ambulance from the scene of the accident. Within six months he underwent surgery to his right knee and attended physical therapy to regain the use of his knee. In addition, he continued to treat for severe pain in his neck and back.
Our client never fully recovered from the accident. In addition, he treated continuously from the date of the accident.
To properly value a claim, it is essential to assess the amount of jury appeal our injured client would possess if the case goes to trial. In this case, our injured client was a likeable person who would have great jury appeal, especially to a Bronx jury. He was, after all, a mere passenger in the vehicle and therefore was completely free of fault in the happening of the car accident. Our experienced personal injury attorneys estimated the full amount of our client’s damages, should the case proceed to trial, was in excess of $650,000.00 by the time of trial. It was our contention that he suffered greatly, and would continue to suffer, as a result of the defendant’s careless driving.
Based on the above, it was our position that our injured client was entitled to substantial money damages for his pain and suffering, which continue to the present day. The defendant’s commercial vehicle carried several million dollars of insurance covering this type of accident. Consequently, the offending vehicle’s third-party claims adjuster was interested in a prompt resolution of this claim.
Our injured client desired a fast settlement of the claim and instructed the injury lawyers at Martin + Colin, P.C. to obtain the best result possible very quickly. Our client preferred his money in hand as soon as possible. Within one year of the accident, we were able to settle the case to the satisfaction of the client.