An Example Of A Personal Injury Case Where An Elederly Pedestrian Achieved A Settlement For Over One Million Dollars
By: J. Hernandez
Submitted: 2010-12-28 22:38:10 | Word Count: 575
There are numerous ways in which drivers might become distracted, confused or disoriented. The difficulty, of course, is that they control a multi-ton piece of machinery that can cause devastating injuries, particularly to pedestrians. And it can occur in a moment. One moment that can completely change the pedestrian's future.
Think about the documented case in which the driver who was sensible for the motor vehicle accident was an elderly woman. She was trying to park her car in a diagonal parking space of a mall parking lot. Somehow she lost her focus and rather than hitting the brake hit the accelerator pedal. Her automobile sped onto the sidewalk where a female was walking and threw her right through a store window made of plate glass.
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The pedestrian wound up in a hospital for nine days with a compression fracture of the tibia (a major bone in the leg), tears of multiple significant knee ligaments, and PTSD (post-traumatic stress disorder). The woman required surgery for her leg fracture. The surgery was an open reduction with internal fixation - she needed metal put in to her leg. She then had to spend an additional 2 weeks in a rehabilitation facility. This was followed by rigorous physical therapy. She further needed a second surgery a year later so as to remove the hardware in her leg. Even then her ordeal was still not over. She needed a third surgery in the following year to restore her knee ligaments. Then she had to get still more physical therapy
She was unable to work for half a year. At the point the victim did return to work she had to use a cane for 6 months. The victim will likely never be able to be active in several sports which the woman valued prior to the accident. The victim will most probably need a knee replacement within 10 years. A young woman's ability to enjoy her life changed forever.
The cost of the woman's medical treatment came to approximately $150,000. The victim also suffered a loss of earning capacity of approximately $50,000. The law firm that represented She reported that they got a $1.2 million settlement for the plaintiff.
Cases just like this one happen all too frequently. Sometimes it is fiddling with the radio. Regardless of the reason even a brief loss of focus can end in a devastating outcome.
As this case demonstrates the harm that might come out of even a brief moment of confusion in a driver can be ruinous. Litigating these matters calls for understanding the nature of the damages, figuring out the type and extent of medical treatment the victim will need in the future, the amount of the loss of earning capacity, and moreover the plaintiff's pain and suffering. Furthermore it requires understanding insurance issues and the ability to find and go after assets that might go toward any settlement or award. The recovery might be substantial but requires experience and skill on the part of the lawyer.
Author Resource:-
Joseph Hernandez is an Attorney accepting pedestrian accident cases. To learn more about pedestrian accident cases and about other vehicle accident cases including truck accident and fatal car accident matters visit the websites
