$1,410,000 for a Married Couple Who Suffered Serious Back Injuries in a Rear-End Motor Vehicle Accident
Court and County
A married couple who were born in Russia, became US citizens, and now live in Brooklyn with their two kids.
Description of Case
Our clients came to a red light at the intersection of Avenue L and Ocean Avenue in the Brooklyn neighborhood of Midwood on the day of the accident. When the light turned green, the Defendant van rear-ended the Lexus in front of it, which in turn rear-ended the car which our clients were driving. When police arrived, the Defendant driver of the van admitted to being dizzy or possibly falling asleep at the wheel. Despite the Defendant’s claims that she fell asleep due to a medical condition, our clients moved for summary judgement on the issue of liability, which the court granted.
Both of our clients refused medical attention at the scene of the accident because they wanted to go home and tend to their 8-year-old son, who was in the back seat of the car at the time of the accident. They attempted to return to work. After 5 days of worsening neck and back pain, however, they decided to seek medical treatment.
The husband was diagnosed with the following spinal cord injuries:
- Cervical Spine: Straightening of the cervical lordosis; Herniated disc at C6/7 impinging on the neural canal; Bulging disc at C3/4 impinging on the neural canal
- Lumbar Spine: Broad based disc bulge at L4/5 with extension into the neural foramen bilaterally
- Thoracic Spine: Bulging disc at T7/8
Our client’s wife, who we also represented and was the front-seat passenger at the time of the accident, suffered a similar battery of injuries:
- Cervical Spine: Straightening of the cervical lordosis; Herniated disc at C3/4 impinging on the neural canal; bulging disc at C5/6 impinging on the neural canal; Right C5/6 radiculopathy; severe instability at the C6/7 level/li>
- Lumbar Spine: Straightening of the normal lordosis; L5/S1 posterior central disc herniation with compression of anterior thecal sac with an underlying annular tear and impingement of the right lateral recess and neural foramina
In both cases, a conservative treatment of regular physical therapy and spinal injections were attempted. When this failed to bring them relief, however, they each underwent cervical spinal fusion surgery.
Both of our clients were able to return to their pre-accident jobs and were able to cease medical treatment over 1 year prior to settlement. The case settled for $1,410,000 just over one year before the case was due for trial in Kings County.
This matter was handled by Partners Stephen J. Murphy and David L. Scher.
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