10 Jul Settlement for Port Chester Passenger Injured in Car Crash – May 2017
Martin + Colin, P.C. announces the settlement of another personal injury car accident case. This time, the bodily injury car crash victim had been injured in a car accident on Purchase Street in the Town of Harrison.
In 2015, our client was a rear-seat passenger in a car traveling eastbound on Purchase Street when the driver lost control of the vehicle, slid off the road and struck a pole on the sidewalk with tremendous force. As a result of the accident, the car was a total loss.
Our physically injured client was taken by ambulance from the car crash location to Westchester Medical Center. At the Medical Center, the health professionals listened to his complaints, conducted their own tests, and concluded that our client suffered from: neck sprain, muscle spasm and torticollis, which translates as a “twisted neck.”
After release from the emergency room, our injured client continued to experience pain in his lower back and left leg. He received medical treatment and physical therapy for more than one full year. In addition to his complaints of plain, objective medical testing revealed a herniated disk at L5-S1 as well as left-sided lower extremity (i.e., L4, L5 and S1) radiculopathy. When rest, pain killers and physical therapy did not remove the pain, the injured passenger also received three epidural injections into his lumbar spine.
This could have turned into a relatively easy case for our firm to handle, because our client, as a rear-seat passenger, was completely free of responsibility for the accident, and his injuries were well documented. But as it always does, life gets in the way. Somehow, in the year immediately following the accident, our client was arrested for, charged with, and pleaded guilty to firing a loaded handgun at passengers in another car. For this crime, he served time in state prison and was on probation.
Obviously, this serious felony conviction made our car accident / personal injury case much more complicated. On the one hand: we believe that our client sustained a concussion in the accident, and we also believed that he may have also sustained a traumatic brain injury which might be the cause of his criminal behavior. In other words, the head injury from the car accident may have skewed his judgment and caused him to act uncharacteristically irrational. Thus, perhaps we could explain away his felonious conduct to the jury. On the other hand: it’s hard to convince a jury to give a pass to someone who fires a loaded gun at the passengers in a nearby automobile. Usually, it is just too much to ask of a Westchester jury.
The experienced car accident lawyers in our firm took this case to trial.
After our jury was selected, the trial judge negotiated a settlement to the case.
As is often the case, our client preferred the certainty of settlement rather than the risk of trial.
We are experienced car accident and personal injury lawyers. Call us now at (914) 771 7711 and let us apply our expertise to your case.