Victim Hurt in Bronx Car Accident Receives Settlement – Feb. 2015

The personal injury lawyers at Martin + Colin, P.C. have settled a lawsuit arising out of a car accident on Bronx Park East near Allerton Avenue in Bronx, New York.Smiling Young Woman

The plaintiff, a resident of the City of New York, Borough of the Bronx, was traveling alone on Bronx Park East at the intersection of Allerton Avenue, intending to make a right turn onto the Mosholu Parkway.  As he sat in his vehicle waiting to make the right turn, our client’s vehicle was struck from behind by another car.  The impact jolted our client and knocked him back and forth inside his car.

The injured car accident victim sought immediate medical treatment at Lawrence Hospital complaining of lower back stiffness, neck pain and shoulder pain.  He was evaluated, x-rays were taken and he was released.

For the next five months, our injured client suffered in silence, hoping the pain would go away and that he would recover from the accident.  However, the pain persisted and became increasingly unbearable.  The victim injured in the car crash had never complained of back pain prior to this accident.  Eventually, he sought additional medical treatment.  A neurologist immediately observed muscle spasms in the patient’s back, decreased range of motion and also suspected radiating pain.  Treatment with physical therapy was recommended and started.  When continued physical therapy treatment failed to return our injured client to his pre-accident physical condition, the lawsuit was commenced.

Injuries such as those suffered in this case often result in settlements ranging from $5,000 to $75,000, depending on the specific facts of each case.  In this lawsuit, the settlement amount was reduced because the victim sustained painful injuries during the car accident but did not receive medical treatment (except for one brief emergency room visit) for several months immediately following the accident.  Another factor reducing the settlement amount was the lack of objective medical testing confirming the injured accident victim’s complaints.

As stated in a prior post, jury verdicts for injuries causing low back pain, corroborated by objective medical testing, can exceed $100,000.00.  And let’s be clear: the lack of objective medical testing does not mean a lack of pain.  However, the lack of objective medical test results to corroborate an injured person’s complaints can, and often does, reduce the amount of money an insurance company is willing to pay to settle a claim.

The injury lawyers at Martin + Colin, P.C. leveraged their expertise handling similar cases and successfully convinced the other driver’s insurance company that a good settlement was better than an unfavorable jury verdict; and as this case was venued in Bronx County, a jury verdict in favor of the plaintiff could have cost the insurance company a much larger sum of money.  However, our client preferred the certainty of settlement rather than the risk of trial, and during settlement negotiations, we were able to settle the case to the satisfaction of the client.

Call us now at (914) 771 7711 and let us apply our expertise to your case.

Cash Settlement for Injured Driver in Rear-End Car Accident – April 2014

Martin Colin, P.C. announces a cash settlement for a driver injured in a car accident in the Village of Ossining, County of Westchester, New York.

2012_Woman_Sitting_Beside_Car_iStock_000020361024_ExtraSmallThe plaintiff, a resident of Ossining, in Westchester, New York, was the driver of her own vehicle traveling eastbound on Croton Avenue in Ossining, New York in 2013.  She had stopped at a red light when she was struck from the rear by the defendant’s vehicle. The plaintiff had her 9 year old daughter and 15 year old niece in the vehicle while the accident happened.  There was obvious physical damage to both vehicles visible to the naked eye.

Our client, the injured plaintiff, did not feel any immediate pain from it.  However pain in her back increased throughout the night due to this unfortunate incident.  Approximately 6 days after the accident, the plaintiff started physical therapy in Sleepy Hollow to treat her pain and the dysfunction of her thoracic and lumbar spine.  She described the pain as a burning sensation at a consistent level of 8 on a scale of 1 to 10.  As the physical therapy was not alleviating the pain, she began acupuncture.  The acupuncture treatment succeeded in reducing the pain but did not render the injured plaintiff pain-free. Despite all of the medical treatment, physical therapy and acupuncture sessions our client endured, she continued to feel pain in her back as a result of the car accident.

As soon as we were hired, we pressed our claim for money damages for our client to compensate her for her pain and suffering, which continues to the present day.  We successfully convinced the insurance company for the offending driver that in the past, jury verdicts for similar back injuries, corroborated by objective medical testing, often exceeding $100,000.  After conducting their own investigation, and reviewing our injured client’s medical treatment, we obtained a settlement for our client.  Not only was the client happy with the amount of the settlement, but she was relieved that we were able to settle the claim within a year of the car crash.