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.
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.
Martin Colin, P.C. announces the settlement of a Bronx car accident lawsuit which had been vigorously fought by the insurance company since it was initially filed two years ago.
Our client, the injured plaintiff, who is a resident of the Bronx, New York, was driving his car westbound on the Southern State Parkway in Nassau County on a summer day in 2013. Our client observed slow moving traffic ahead on the Southern State Parkway and reduced his speed accordingly. However, another driver traveling westbound behind the plaintiff’s vehicle did not slow down in time and ended up rear ending our client’s vehicle. After the accident, the injured plaintiff declined an ambulance to the nearest hospital, and instead drove himself to his preferred medical center, Lawrence Hospital, in Bronxville, New York, where he was examined and treated. During this visit, the physically injured driver complained of severe neck pain and radiating back pain. Health care professionals at the hospital did a CT scan of the lumbrosacral spine, which indicted that there were several disc bulges at L-2 to L-5 with impingement of nerve roots. This objective test result was consisted with the client’s claim of back injury with radiating pain. Afterward, our client received medical treatment from different physicians for treatment of his neck pain and back pain. He was prescribed pain medication and physical therapy, and was also instructed to undergo an MRI.
Since the accident, the injured driver continued to receive medical treatment and attended physical therapy sessions. However despite all the therapy, he continued to have severe back pain, and was classified as having a permanent partial disability. Due to the fact that physical therapy has not alleviated his symptoms, a treating physician requested that the driver injured in the car crash continue with his home exercises and follow up with further medical treatment.
The case was vigorously defended by a team of Manhattan lawyers who contended that: 1) our client was not injured at all; 2) even if he was feeling pain, it was not caused by the car accident; 3) even if he was injured, it was so minor it was not worth a lawsuit; and 4) any damage to his lower back, as shown on the MRI, resulted from his physical activity as a handyman and not as a result of the car accident on the Southern State Parkway.
However, during sworn questioning prior to trial, our attorneys discovered that the driver of the offending vehicle had just purchased the vehicle the day before, and was driving the car for the first time. Moreover, we pointed to the several thousand dollars of vehicle damage as evidence that the car accident involved a significant impact, capable of causing substantial physical injury to the occupant inside the vehicle stopped in traffic.
Prior to trial, the insurance company lawyers filed a motion in court to dismiss our case, in its entirety, claiming that there was insufficient evidence that our client sustained the minimum injury necessary for an auto accident lawsuit. But the insurance company also agreed to attempt settlement of the case through a mediator. Our attorneys prepared a detailed summary for the mediator, demonstrating both the strength of our case as well as a the extent of the physical injuries. After a lengthy mediation session, in which the injured client himself also participated, we eventually obtained a favorable settlement for our client.
The injury lawyers at Martin Colin, P.C., headquartered in White Plains, New York, handle accident claims, negligence and personal injury cases. If you have been hurt in an accident due to the negligence of another person, our attorneys may be able to help. Please call (914) 771 7711 or email using the ‘Contact Us’ form on this page.