Wrongful Death Accident
WRSMH Attorney Kenneth Halperin obtained a settlement in the amount of $700,000 out of a $750,000 insurance policy for the estate of a 75 year old woman struck and killed by a tractor trailer.
The accident in question occurred on Linden Street in Queens. At the time of the accident the deceased plaintiff was crossing the street in the crosswalk when the defendant's tractor trailer came to a stop at the adjacent stop sign. Because the driver pulled up too close to the stop sign and was also traveling on a street that was not designated for trucks, he could not see the woman crossing the street in front of him. As a result, he proceeded through the stop sign, struck her and carried her while she was caught under his truck for a distance of approximately 100 feet before realizing she was there. The woman was pronounced dead at the scene. She was survived by two adult children.
Although the deceased was not working and therefore incurred no lost earnings and also had no minor children we were still able to achieve a significant settlement. This is because we were able to prove through forensic medical experts that the deceased would have experienced significant fear and severe pain and suffering for the approximately one to two minutes that she survived during this horrific ordeal.