Long Island Injury and Accident Case Results

$625,000 Mediated Settlement

Facts: Plaintiff was a 34 year old male who was walking in a parking lot during a snow storm. While walking he was struck by the corner end of the snow plow’s blade. He suffered injuries to his neck requiring a cervical fusion with stabilization plates.

Defense argued that the driver testified he was not aware of striking the plaintiff. Defense further argued that plaintiff had a prior neck injury which he was actively treating and did not suffer any loss of earnings.

$600,000 Trial Verdict

Facts: Plaintiff is a 38 year old livery cab driver. He parked his car at the end of his shift in the dispatch garage and was walking to the office. Another car entered the garage at an unreasonable speed and skidded on oil that was left pooling by the owner of the garage. The car pinned plaintiff up against the garage wall breaking his left tibia and fibula and causing him to suffer permanent limp.

Defendants claimed there was a safe egress from the garage and plaintiff was responsible for putting himself in harm’s way. Additionally, defendants submitted surveillance video of plaintiff participating in recreational sports.

$555,000 Mediated Settlement

Plaintiff is a 33 year old man who was riding his bicycle through an intersection when he was struck by a motor vehicle and injured his left knee. Plaintiff suffered a torn ACL requiring surgery an extensive rehabilitation. Plaintiff’s injury resulted in a 1 inch atrophy of the left quadriceps muscle. Defendant claimed his motor vehicle was stopped at a red light when plaintiff rode off the sidewalk and struck the right front quarter panel of the vehicle.

$495,000 Mediated Settlement

Plaintiff is a 61 year old Long Island Resident that was riding his motor cycle and was struck by a motor vehicle. He sustained multiple fractures requiring extensive physical therapy. The motor vehicle driver claimed an unsafe lane change and excessive speed.

$400,000 Mediated Settlement

Plaintiff is a 74 year old woman and was the driver of a motor vehicle that was struck by another motor vehicle while she was exiting a gas station. Defendant was proven to be driving over the posted speed limit and operating his motor vehicle in a reckless manner. As a result of the accident plaintiff underwent a Lumbar Percutaneous Discectomy at L4-L5, electro thermal annuloplasty and multiple epidural procedures. Defendant claimed that plaintiff had age degenerative conditions and a history of prior complaints.

$395,000 Settlement at Jury Selection

Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.

$390,000 Mediated Settlement

Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.

$350,000 Trial Verdict

Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff’s motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff’s own doctors he made an excellent recovery and suffered no restrictions.

Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.

$300,000 Settlement During Trial

Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.

Defendant claimed that the plaintiff’s injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.

$295,000 Mediated Settlement

Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.

$250,000 Mediated Settlement

Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff’s injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.

Plaintiff’s surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.

$250,000 Settlement During Trial

Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff’s car.

Defendant struck the plaintiff’s stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.

Arbitration Decision – Chiropractic Treatment

Our provider treated the injured party for months prior to the IME. After services were denied, our provider continued treatment disagreeing with the findings. At the arbitration, we indicated our client’s SOAP notes revealed continued subjective complaints and objective evidence in the form of decreased cervical and lumbar ranges of motion, positive orthopedic tests, and muscle spasms.

The SOAP notes documented sufficient evidence that the injured party was still suffering from complaints in the cervical and lumbar spine post IME, as well as positive subjective findings. Upon the arbitrator’s review, it was determined that the post IME treatment was medically necessary.

Result: Our provider was awarded the full amount of the post-IME treatment.

Arbitration Decision – Chiropractic Treatment

The injured party was examined by the IME doctor several months after the motor vehicle accident and he reported continued tenderness throughout the cervical and lumbar spine regions. The IME doctor’s diagnosis of the injured party was ongoing sprain/strain. As the arbitrator reviewed the medical records an MRI was brought forth suggesting that the injured party’s spinal injury was more severe that a sprain/strain.

The study revealed a disc bulge at L5-S1, with ventral canal encroachment. In addition, electro diagnostic studies revealed evidence of bilateral radiculopathy at C8 and L5. These medical reports were prior to the IME and confirmed positive findings consistent with the complaints and positive findings set forth the provider’s examinations after the IME.

Result: Our provider was awarded the full amount of the post IME treatment.

Arbitration Decision – Physical Therapy

The injured party had complained of moderate low back pain with radiation down the right lower extremity to the knee. The neurological examination revealed hypoesthesia to light touch and pin prick at L4-S1 dermatomes. Our client’s diagnosis was lumbar radiculitis, lumbar disc displacement without myelopathy, and right knee derangement. The injured party subsequently submitted to an IME in which future no-fault benefits were denied as the injuries have been resolved.

The provider continued to treat the injured party and conduct examinations after the IME. The injured party was again diagnosed with lumbar radiculitis, lumbar disc displacement without myelopathy, and right knee derangement upon a follow-up examination. The injured party continued with physical therapy and trigger point injections as needed. Upon the arbitrator’s review of the medical records, the injured party had continuing complaints of pain and positive findings before and after the IME, which was sufficient to prove the post denial services were necessary.

Result: Our provider was granted the full amount of the claim.