Pedestrian Endures Multiple Leg Factures And Reaches Settlement With Driver For $1,200,000

BusinessLegal

  • Author Joseph Hernandez
  • Published January 6, 2011
  • Word count 499

There are numerous ways in which drivers can become distracted, confused or disoriented. The difficulty, clearly, is that they control a multi-ton piece of machinery that can bring about disastrous harm, especially to pedestrians. And it can happen in an instant. One moment that can totally alter the life of the victim.

Think about the documented lawsuit in which the driver who caused the accident was an elderly female. While parking her automonile at a parking lot attached to a mall, she somehow lost her focus and hit the accelerator pedal. Her automobile plunged onto the sidewalk where a female was walking and plowed her right through a plate glass store window.

The woman had to spend 9 days in the hospital. The accident fractured a major leg bone into multiple pieces. She had tears of several significant knee ligaments, and PTSD (post-traumatic stress disorder). She 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 intense physical therapy. The victim then required follow up surgery a year subsequent to the first surgery so as to remove the hardware in her leg. Even then her ordeal was still not over. She needed still one more surgery in the following year to repair her knee ligaments. Then the woman had to get still more physical therapy

The victim was unable to work for 6 months. When the victim did go back to work the plaintiff had to use a cane for six months. The victim will likely never be able to be active in several sports which the plaintiff enjoyed prior to the accident. The victim will most probably need a knee replacement within ten years. A young person's ability to enjoy her life permanently altered.

She incurred approximately $150,000 in medical bills and suffered a loss of earning capacity of approximately $50,000. The law firm that represented She published that they got a $1,200,000 settlement for the victim.

Cases just like this one occur everyday. Sometimes it is a cell phone. Sometimes it is text messaging. Sometimes it is fiddling with the radio. Sometimes it is talking to a passenger. Regardless of the reason even a momentary loss of focus can result in a devastating outcome.

As the above situation shows the damage that might result from even a sinlge moment of confusion in a driver can be disastrous. Pursuing these matters requires knowledge of the nature of the damages, assessing the type and extent of medical treatment the plaintiff will need in the future, the value of the loss of earning capacity, in adition to the victim's pain and suffering. And it requires having a thorough knowledge of insurance issues and the ability to track and go after assets that might go toward any settlement or award. The recovery can be substantial but requires experience and skill on the part of the lawyer.

Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about how a pedestrian accident attorney can help you and about other vehicle accident cases including fatal car accident visit the websites

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