74 Year Old Woman Suffering from Significant Dementia, Hit by a Motor Vehicle
Our client, a 74 year old woman suffering from significant dementia, was hit by a motor vehicle in the early morning hours. As a result of the impact our client passed away. The defendants contended that our client was at fault for walking across the street against the light. Furthermore, as a result of the collision she died instantaneously. There was a witness to the accident who confirmed our client crossed the street against the light and the ambulance records confirmed that our client was non-responsive only ten minutes after the impact when they arrived at the accident scene.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Paula Greco performed a detailed pre-suit investigation, during which she found another witness who saw the accident and confirmed that our client crossed the street with the light in her favor. Additionally, during the discovery phase of the case, she was able to find the woman who saw our client on the street visibly in pain prior to the ambulance personnel arriving on the scene. Paula also retained the services of a forensic neuro-pathologist who opined that our client suffered an excruciating amount of pain and suffering at the accident scene prior to the ambulance personnel responding. The defendants refused to make a realistic offer of settlement.
At trial, the firm produced the witness who confirmed that our client in fact crossed the street with the light in her favor. After the issue of liability was resolved in our clients favor, the case proceeded to damages. Prior to the damages portion of the trial, the defendants offered $20,000 to settle the case. During the damages portion of the trial, the firm was able to convince the jury that despite the fact that the ambulance personnel found our client non-responsive at the scene of the accident, she had suffered 8-10 minutes of conscious pain and suffering. The jury returned a verdict finding our client suffered conscious pain and suffering and awarded her estate $510,000.