Former IBM Employee Obtains $15 Million Settlement

A woman who was once in charge of handling a $600 million healthcare account for IBM has accepted a $15 million settlement in her pedestrian accident lawsuit.

FedEx Truck Fails To Yield At Crosswalk

The day that the accident occurred, the plaintiff was crossing the street at an appropriate crosswalk, as she had countless times in the past. But this time, a driver behind the wheel of a delivery truck failed to yield and hit her. The driver didn’t even realize he had hit someone people crossing a crosswalkand continued to drive, dragging her 18 feet down the road until a witness got his attention and screamed for him to stop.

The then 59-year-old plaintiff was lucky to be alive. She sustained numerous injuries, the most serious of which was to her right leg. She underwent corrective surgery immediately following the accident and then spent the next two years working with physical therapists and doctors to try and regain use of the leg. Despite all of her hard work, her doctors have reported that she lost 40% use of the leg and has a permanent disability.

The time it took her to recover and the disability has prevented her from returning to work, meaning she completely lost her income.

Police Recreation Supports Her Claim

On the day of the accident, the police came within minutes, took dozens of photographs, and did a reconstruction of the accident. Although the driver claimed he never saw her, the police determined that he was at fault.

Although this case never went to trial, the information that was found by the plaintiff’s legal team during the discovery phase clearly showed the defendants were at fault, which is likely why they decided to offer a settlement, providing the plaintiff with compensation for her lost wages, medical expenses, and physical pain and suffering.

Pedestrian Accidents In New York: The Facts

Despite the fact that pedestrian accident numbers have fallen over the years, hundreds are still hit by a car, truck, or bus every year and around 50% of all traffic fatalities involve a pedestrian. Most of these accidents occur due to distracted driving.x-ray of the knees

Those that do survive frequently suffer from permanent damage which can end a career, prevent them from participating in activities they previously enjoyed, and even cause mental or behavioral changes. It’s not uncommon for a victim to require numerous surgeries, physical therapy, and at home assistance. None of these treatments come cheap and even with a steady income, the bills can be difficult to pay. But no victim should have to pay for their own medical care if the negligence of another party caused the accident which harmed them.

Insurance Only Goes So Far

Even if the driver that hit the victim was properly insured, the insurance policy will only cover the medical expenses of the victim to the policy limits. Once the limit has been reached, the payments stop.

This is why so many victims turn to personal injury attorneys for help and choose to file a lawsuit against the parties responsible because it may be the only way they can afford the care they so desperately need.

How Much Is A Lawsuit Worth?

The amount that may be regained by a plaintiff depends on what their actual losses are. The best way to determine how much a lawsuit may be worth is to go over the details of the accident, medical records, bills, and employment records with a qualified and experienced attorney.

Why Should I Contact A Lawyer?

Other than helping you calculate your losses, a lawyer can take care of all the paperwork, identify all negligent parties, handle the communication with insurance companies, perform a thorough investigation, negotiate a higher settlement, or represent you in court. While you might be tempted to try and handle this alone, it’s important to remember that the law is complicated and without a lawyer, a simple mistake could mean that the chance to obtain compensation is lost forever.

By |2017-08-17T09:38:56+00:00June 21st, 2017|Legal News|

About the Author:

Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.

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