An Instance Of A Personal Injury Lawsuit Where A Pedestrian Was Compensated More Than One Million Dollars
By: J. Hernandez
Submitted: 2010-08-29 14:48:41 | Word Count: 540
There are multiple ways in which drivers might become distracted, confused or disoriented. The difficulty, clearly, is that they are operating a multi-ton piece of machinery that can cause disastrous damage, particularly to pedestrians. And it can occur in an instant. One moment that might totally transform the life of the victim.
Think about the reported lawsuit wherein the driver who caused the motor vehicle accident was an elderly woman. While parking her automonile at a parking lot attached to a mall, she somehow lost her focus and instead of the brake she hit the accelerator pedal. Her car plunged onto the sidewalk where a woman was walking and plowed her right through a plate glass store window.
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The pedestrian had to spend 9 days in the hospital. The accident fractured a major leg bone into multiple pieces. She had tears of several major knee ligaments, and PTSD (post-traumatic stress disorder). She needed open reduction surgery with internal fixation for the leg fracture. The woman then had to spend an additional 2 weeks in a rehabilitation facility. This was followed by rigorous physical therapy. The victim further needed follow up surgery a year later in order to take out the hardware in her leg. And then required yet another surgery in the following year to repair her knee ligaments. Then the woman had to undergo additional physical therapy
She could not go back to work for half a year. When she did go back to work the woman had to use a cane for six months. The plaintiff will likely never be able to be active in several sports which the victim valued prior to the accident. The plaintiff will most probably have to undergo a knee replacement within ten years. A young person's ability to enjoy her life changed forever.
She incurred around $150,000 in medical expenses and suffered a loss of earning capacity of approximately $50,000. The law firm that represented the victim reported that they got a $1,200,000 settlement for the plaintiff.
Situations just like this one occur everyday. Sometimes it is talking to a passenger. Whatever the reason even a momentary distraction may end in a traggic accident.
As this lawsuit illustrates the injuries that might result from even an instant of confusion in a driver may be disastrous. Litigating these cases calls for knowledge of the nature of the damages, assessing the type and extent of medical treatment the plaintiff will require in the future, the amount of the loss of earning capacity, as well as the plaintiff's pain and suffering. Furthermore it means understanding insurance issues and being able to uncover and go after assets that might go toward any recovery. The settlement or award might be considerable but requires experience and skill on the part of the attorney.
Author Resource:-
Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about pedestrian accident cases and about other vehicle accident cases including vehicle accident matters visit the websites
