$10M settlement to family of Queens dad who died days after accident.
The family of Anthony DiCiervo, a Queens father of three, who died days after getting rear-ended by a truck has been awarded $10 million after the company that owned the truck denied responsibility for his death.
On the morning of Dec. 28, 2011, Anthony DiCiervo, 46, was on his way to work in Long Island City when he hit from behind by a truck belonging to Brooklyn Bottling Corp.
The crash did not cause much damage to DiCiervo’s car, and though he hit his head, it didn’t seem serious, according to his wife Regina DiCiervo.
DiCiervo days after the accident told his wife he was fine. But he was not fine.
DiCiervo in days to follow was taking several naps, not eating and suffering a nagging stiff neck with painful headaches.
Two days later, the father of three drove himself to Jamaica Hospital.
DiCiervo on the way to the hospital felt numb in his left arm and left leg, feeling paralyzed. According to his wife unable to get himself out of the car.
The owners of the truck pushed back settling the 2013 Queens Supreme Court lawsuit despite a February 2015 court decision finding them legally responsible for the accident.
“Their defense was that he coincidentally had a stroke, he didn’t go to the hospital after the accident and had no visible injuries to his body,” said Peter Thomas, Regina’s attorney.
Doctors said DiCiervo suffered a hemiparesis, (Hemiparesis is weakness of the entire left or right side of the body. Hemiplegia is, in its most severe form, complete paralysis of half of the body.
Hemiparesis and hemiplegia can be caused by different medical conditions, including congenital causes, trauma, tumors, or stroke.) which caused the left side of his body to become paralyzed. Further testing showed he had a brain bleed in the right parietal lobe and received treatment, according to court documents.
Not a stroke.
DiCiervo seemed to get better and we moved him to Peninsula Hospital for therapy; three days later DiCiervo died.
Rear end car accidents are traumatic experiences — even, as seen in DiCiervo’s case, when the damage is not severe. Or so you think. Immediately after an accident, victims may experience a mental fog, making it difficult to think rationally or focus. The last thing at first glance is “AM I INJURED”. Thoughts are often confused, and concerned.
Accident victims are often traumatized and emotionally disoriented. Physical damage with all the chaos going on at the time goes unnoticed. Serious injury can be easily overlooked. DiCiervo believed he was OK, as many accident victims do after being rear ended in New York. Injuries may not present themselves for several days.
When a car accident victim goes to the ER they check to see if your bleeding, have any broken bones, and are breathing. Doesn’t mean your not injured. The first step is to take that ambulance ride. Never after a moving vehicle accident second guess your injuries.
Paul Ajlouny, New York Car Accident Lawyer weighs in the DiCiervo chain of events after his accident. “DiCiervo probably refused treatment at the scene of the accident as most accident victims do, because he said he felt fine. Later after persistent nagging symptoms he decided to go to the ER.
The question is could of he been saved had he gone to the ER earlier? That sad story can scare the hell out of anyone injured in a rear-end accident. You have to got to the doctor. Never, ever second guess your injury.” says Paul Ajlouny.
Common symptoms that may appear several days after a car accident.
2. Neck or shoulder pain or stiffness
3. Back pain
4. Abdominal pain or swelling
6. Changes in personality or physical function
Some FREE ADVICE that makes sense and may save your life; any person involved in an accident should seek immediate medical attention. If these symptoms appear days after the accident, it is important to see a doctor experienced in car accident injuries symptoms to properly diagnose and treat your injuries.
If you have been injured in a moving vehicle accident in New York seek immediate legal advice and protect your rights by calling Ajlouny Injury Law at 718-233-3913 for a free consultation.