$1.45 Million Settlement - NY Commercial Van Accident

Mother Injured When a Commercial Van Backed Out of a Driveway

Wingate, Russotti, Shapiro & Halperin attorney obtained a settlement on behalf of our client, a 35 year old working mother who was injured when a commercial van backed out of a driveway, ramming the car she was driving on the passenger side. Her car was forced into the left lane, where it was then side swiped by a garbage truck which took off her front bumper. Our client never went to the hospital, and instead went to a physical therapy clinic to treat her injuries of neck and shoulder pain. After several months of physical therapy offered no relief, our client went to a pain management doctor who gave her epidural shots in her neck. She underwent this procedure twice, with only minimal and temporary relief.

Following two cervical nerve block treatments which provided only minimal and temporary relief, our client underwent a radiofrequency nerve ablation. This is a procedure where the nerves causing pain are burned out using radio frequencies. Unfortunately, this did not alleviate her pain. Finally, two years later, she underwent cervical neck fusion surgery. During this time our client remained at work, ran and worked out at her local gym.

During the discovery phase WRSH associate Joseph Stoduto moved for summary judgment which was granted against the commercial van company. Because the issue of liability was granted by the Court, the trial would have been for damages and injuries to our client only. The firm settled the case during jury selection in the amount of $1.45 million.

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