Result: $1.25M Settlement Over Commercial Vehicle Accident
Firm Secures $1,250,000 settlement at mediation for client injured in Queens commercial vehicle accident after driver makes unsafe lane change.
The Perecman Firm, P.L.L.C. represented a young woman, 20-years-old at the time of the incident, who suffered serious back injuries in a commercial vehicle accident.
The lawsuit, filed in Queens County, arose from an auto accident in August 2013. At the time of the incident, the plaintiff had been driving her standard passenger vehicle southbound in the right lane of McGuinness Boulevard. While driving, a commercial vehicle owned and operated by the defendants negligently entered the right lane, and struck the driver’s side of the plaintiff’s vehicle. The collision caused the plaintiff to then crash into a nearby parked vehicle.
Injuries & Treatment
Though the plaintiff initially declined medical treatment at the scene of the accident, she presented to the hospital over complaints of back pain the next day. Imaging tests, including MRIs, indicated a L4-L5 herniated disc. The plaintiff was treated for 15 months with non-invasive treatments and minimally invasive trigger point injections, in addition to chiropractic care.
When treatment failed to provide relief, an orthopedic surgeon performed surgery, including a percutaneous disc ablation and discectomy. In December 2016, over three years after the accident, the plaintiff ceased treatment for injuries related to the crash.
In July 2017, nearly a year and a half after surgery, and 6 months after she stopped treating her injuries, the plaintiff was involved in another auto accident, in which she claimed to have suffered injuries to her lumbar spine. She sought treatment with some of the same specialists as before. An infant plaintiff also sustained injures (lacerations) in the second collision.
Case & Resolution
A motion for summary judgment of liability, meaning no arguments were made as to fault, was granted by the presiding judge. The case had then been scheduled for litigation over damages.
Prior to trial, the firm’s legal team anticipated defendants would contend the plaintiff’s alleged injuries were not supported by clinical findings, that injuries she claimed to have suffered did not require surgery, and that her injuries had been fully resolved.
Defendants were also prepared to argue that the plaintiff was involved in another accident which took place after this incident, and that it caused identical injuries to the same parts of her body. It was the defendants’ stance that, at minimum, the second accident prevented any possible claims for future pain and suffering damages.
Ultimately, the defendants opted for mediation rather than litigating. Firm Attorney Steven Dorman and The Perecman Firm, P.L.L.C. legal team were able to effectively obtain a $1,250,000 settlement during mediation.