Settlement for Victim of Hit + Run Driver in White Plains – October 2017

Martin + Colin, P.C. announced that a $550,000 settlement has been paid to the victim of a hit and run car accident by a drunk driver in White Plains, New York.  Our client, who had been trying to park her car on Aqueduct Road, in White Plains, was hit on the driver’s side by a vehicle driven by a drunk driver.  The drunk driver then jumped out of his vehicle and attempted to flee.  However, nearby Good Samaritans pursued the driver on foot and remained until police arrived.

After the case had been pending for several months, the owner of the offending vehicle suddenly declared that she had never given the drunk driver permission to use her car when the accident happened, and therefore she did not have to pay our client, the victim, money damages for her injuries.  We needed to prove that this new claim, i.e., that the owner did not give the drunk driver permission to driver her car, was false. Otherwise, we would recover no money for our injured client.  Several court battles ensued.

We were able to obtain the following evidence:

  •      the drunk driver lived in the same home as the owner of the offending vehicle;
  •      the drunk driver had easy access to the keys; and
  •      the owner watched the drunk driver leave the house with her car keys, she watched the drunk driver drive out of the driveway with her car, and she never called police.

After several very contentious court fights, we prevailed: the insurance company abandoned the car owner’s claim that the drunk driver did not have her permission to drive the car.  The insurance company then paid a large settlement to our client.

If you or a member of your family has been hurt in an accident due to the negligence of another person or firm, the experienced personal injury lawyers at Martin + Colin, P.C. may be able to help.  

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


Settlement for Scarsdale Resident Injured in Car Crash – April 2015

Martin + Colin, P.C. announces a settlement for Westchester County resident injured in a car accident on I-287 (the Cross-Westchester Expressway) in the Town of Greenburgh.

Auto Accident LawyersOur client was taken by ambulance from the car accident location to Westchester Medical Center. After release from the emergency room, she continued to experience pain in her right hand and thumb and sought medical treatment. She complained of “use of hand” pain at the right thumb. Her physician diagnosed a right thumb strain and recommended physical therapy and use of voltaren gel to the right thumb. Our client followed up with physical therapy to her right hand.

The experienced car accident lawyers in our firm faced several challenges in this case. One of the most difficult: in addition to the physical pain our injured client experienced as a result of the car accident, she also sustained a serious emotional/mental health injury. Prior to the car crash, our client drove for 20 years without a single parking ticket or accident. She had never consulted with a psychologist before. After the car accident, she could not think about operating her vehicle without being overcome by a crushing anxiety that kept her awake at night and affected every aspect of her daily life. If a meeting required highway travel, our client has to cancel the appointment because she simply could not travel on highways due to the paralyzing fear. Her job required substantial driving locally, and she experienced severe anxiety whenever traveling on the highway. The car crash caused her to experience paralyzing fear and prevented her from driving on highways. She contacted a psychologist because of the extreme anxiety and insomnia she experienced as a result of the accident. According to the psychologist, the clinician who spoke with our client during the initial call noted that she appeared to be in extreme distress, with a quivering voice and crying as she requested to see a psychologist as soon as possible because she was experiencing multiple disturbing symptoms that were interfering with her daily life.

As a result of the extreme psychological stress, our client manifested painful physical symptoms such as chest pain and rapid breathing. In addition, she has developed compulsive ritualistic behavior, adding religious icons to her vehicle, praying more frequently, and having obsessional thinking that interfered with her daily functioning and caused difficulty sleeping.

The injury lawyers at Martin + Colin, P.C. applied their combined expertise handling similar auto accident cases and successfully convinced the other driver’s insurance company that a good settlement was better than an unfavorable jury verdict. In addition, 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.

Settlement for Bronx Resident Involved in Car Accident on Southern State Parkway – Dec 2014

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.iStock_000001647108_ExtraSmall

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.

Six-Figure Settlement for Car Accident with Soft Tissue Injuries – Nov. 2013

Martin Colin P.C. announces the six-figure settlement of a Dutchess County car accident case pending in the federal court, i.e., the United States District Court in White Plains, New York.iStock_000001647108_ExtraSmall

The owner and operator of the other vehicle involved in this lawsuit were insured by Progressive Insurance. The favorable car accident settlement provides substantial compensation to the victim and his family, and brings the lawsuit to an end without having to proceed to trial.

The plaintiff, a resident of Wingdale, in Dutchess County, New York, was the driver of his own vehicle traveling to work on Route 22 near River Road in the Town of Pawling, New York. The defendants were the owner and the operator of a vehicle traveling in the same direction. At a bend in the road, the defendant driver apparently dozed off, or was distracted, and did not notice that the plaintiff’s vehicle and the other vehicles in front of him had come to a complete stop as the lead vehicle was making a right turn.  As the defendant driver was not paying attention to the road in front of him, he continued to drive at a full speed and crashed with full force into the rear of plaintiff’s vehicle.  Defendant’s vehicle struck plaintiff’s vehicle with such force as to cause plaintiff’s vehicle to strike the car in front of it, spin around and come to rest facing in the opposite direction.

Our client was driven by ambulance from the car accident scene to the nearest hospital.  He complained of knee, back and shoulder pain continuously since the accident.  Conservative medical treatment, including physical therapy, has failed to eliminate the right knee pain.  Although he has had no surgeries, our client was unable to resume employment and forced into retirement. 2013 Happy Mother-Child

As soon as we were hired, we thoroughly evaluated our case, and hired an expert to calculate the amount of lost earnings that our client would not be receiving due to his forced early retirement as a result of this accident.  We then added the expert’s calculation of lost earnings to our own calculation of the value of our client’s non-economic loss to increase the value of this case. 

After several court appearances, our auto accident attorneys engaged in lengthy settlement negotiations, at times using a private mediator, and eventually obtained a six-figure settlement for our very satisfied client.

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