$1,975,000 Settlement for Woman Injured in Brooklyn T-Bone Accident
Our client was driving her vehicle in Brooklyn when she was T-boned at an intersection by a New York City Department of Parks and Recreation van. She suffered cervical and lumbar disc derangement and traumatic disc herniations of the cervical spine, which required surgery, injections, and physical therapy.
Court and County:
Supreme Court, Kings County
At the time of the accident, our client was 42 years old and worked as an investigator for an educational research foundation. She continued to work in the same capacity following the accident.
Our client was on her way home in a residential neighborhood of Brooklyn just before the accident occurred. She was approaching an intersection, of which she had the right of way. A stop sign instructed oncoming vehicles traveling perpendicular to her to allow traffic to pass before proceeding through the intersection.
A New York City Department of Parks and Recreation employee approached the same intersection in a city-owned van, stopping momentarily at the designated stop sign. Despite his hesitation, the city employee failed to observe our client’s vehicle and proceeded through the intersection. Suddenly, our client’s car was unexpectedly struck on the passenger side by the city-owned van, resulting in what is known as a “T-bone” collision. The responding police officer determined in the police report that the defendant was at fault for the accident in light of his failure to yield to our client when she had the right of way.
Injuries and Damages:
In the immediate aftermath of the collision, our client was evaluated by paramedics on the scene. She declined medical treatment and made her way home on foot. However, she would later go to a local hospital with complaints of pain in her neck and lower back that very same day. She was sent home with pain medication after X-ray imaging determined that she did not sustain any fractures.
Her pain persisted over the following days, causing her to seek the help of a physiatrist, who recommended that she undergo conservative care to alleviate her pain. This care plan included regular physical therapy and chiropractic adjustment, but neither would provide long-lasting relief from her neck and lower back pain.
Our client received MRI studies which revealed cervical and lumbar disc derangement, along with traumatic disc herniations of the cervical spine at C5-C7. In light of the severity of her injuries and lack of response to physical therapy and chiropractic adjustment, our client’s treatment was transferred to a pain management specialist. Under this care, she endured two lumbar epidural steroid injections, two cervical epidural injections, and a lumbar medial branch block injection. These injections did little to improve her condition.
Following the failure of conservative care, our client received a consultation from a neurosurgeon who recommended a C5-C7 anterior cervical discectomy and fusion. After receiving the operation, our client’s condition noticeably improved but was not entirely resolved. Despite the invasive surgery, our client was still left with neck pain that required post-operative physical therapy.
This matter was settled prior to selecting a trial date in the amount of $1,975,000.
This case was handled by BOM Partners Jeffrey A. Block and S. Joseph Donahue.