$2,200,000 Auto Accident Settlement for Lumbar Radiculopathy and Lower Back Injuries
Our client was walking across the street when she was hit and thrown backwards by a bus that failed to yield right of way. As a result of the accident, she suffered injuries to her lower back and was diagnosed with lumbar radiculopathy. She ultimately had to undergo fusion surgery at the L3-L4 and L4-L5 levels. Represented by Block O’Toole & Murphy, she received a $2.2 million settlement.
Court and County
Age and Occupation of Plaintiff
Plaintiff was 60 years old on the date of the accident. Plaintiff was employed as a Home Health Aide.
Facts and Allegations
This matter stems from an auto accident which occurred at the intersection of Ralph Avenue and Flatlands Avenue in Brooklyn, New York. Plaintiff, a pedestrian, was attempting to cross Flatlands Avenue within the crosswalk with the crossing signal in her favor when she was hit by a NYC Transit bus that was attempting to turn left from Ralph Avenue onto Flatlands Avenue.
As a result of the impact Plaintiff was thrown backwards approximately 10 feet landing on her lower back. Plaintiff alleged that the Defendant bus operator rushed into the left turn by proceeding from a red light before it turned green. Additionally, Plaintiff alleged that Defendant bus operator failed to properly scan the area for pedestrians prior to attempting to make the left-hand turn, made said turn at an excessive and unsafe speed, and failed to yield the right-of-way striking Plaintiff.
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As a result of the accident Plaintiff injured her lower back. After conservative treatment failed to provide any relief she was referred for an MRI study of the lumbar spine which revealed herniations at the L3-L4 and L4-L5 levels. The Plaintiff was also experiencing continuing and worsening complaints of pain radiating from the lower back to the lower extremities and was diagnosed with lumbar radiculopathy. When all attempts at continued treatment failed to provide any relief Plaintiff was recommended for, and underwent, a fusion surgery at the L3-L4 and L4-L5 levels.
Plaintiff was unable to return to work after the accident and most likely will never work again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in her activities of daily living. Plaintiff testified how the injuries have prevented her from caring for, playing with, and interacting with her young grandchildren, which is crushing to her spirit.
The Defendants argued that Plaintiff’s lumbar spine injuries were degenerative in nature and not causally related to the subject accident. Further, defendants argued that no further treatment was necessary for the claimed injury and plaintiff can engage in all activities of daily living without restrictions and can return to her employment without restrictions.
Plaintiff made claims for loss of earnings, past and future medical expenses, as well as pain and suffering and loss of enjoyment of life.
The parties negotiated a $2,200,000 pretrial settlement.
The case was handled by Stephen J. Murphy, Esq. and Michael J. Hurwitz, Esq.
Aggressive Legal Representation in Lumbar Radiculopathy Cases
The lawyers at Block O’Toole & Murphy offer aggressive and skilled litigation in personal injury cases. If you suffered serious injuries such as lumbar radiculopathy after an accident, it’s important to understand your legal rights. To date, our law firm recovered over $1 billion for victims hurt in serious accidents.
Select results for clients diagnosed with lumbar radiculopathy include:
- $3,500,000 settlement for a man who suffered serious injuries, including chronic radiculopathy at L5-S1 after he was struck by a falling object in Manhattan, New York
- $3,400,000 settlement in a Queens County case for a worker who suffered right L4 radiculopathy among other injuries after he was hurt in an on-the-job accident
- $2,650,000 recovery in a car accident case for a driver who suffered a herniated lumbar disc at L5-S1 with radiculopathy
- $2,005,000 settlement in a Supreme Kings case for an auto accident victim who suffered left-sided radiculopathy, ultimately requiring a posterior lumbar interbody fusion
- $1,941,000 jury verdict for a woman who suffered multiple injuries after a car crash, including herniated discs at L4-5 and L5-S1, which caused lumbar radiculopathy
To speak with a lawyer about your potential case, please call 212-736-5300. We serve all New York and New Jersey areas.