NYC Injury News, Talk & Advice

New York car accidents, personal injury, laws, settlements, tips and more

Archive for the tag “Pain and Suffering”

Paralyzed Music Producer in Accident Wins $23M Verdict

A New York-based music producer paralyzed in a 2008 car accident has won a $23.3 million verdict in a Brooklyn jury trial.

Charles Scott Harding, a New York City based artist/producer/engineer/composer, was awarded $8 million in Brooklyn Supreme Court for past pain and suffering, $12.5 million for future pain and suffering and approximately $2.8 million for future medical expenses, according to his lawyer.

His attorney said the damages award appears to be highest ever won in a car accident case.

Harding, who was left paralyzed from the chest down and must use a wheelchair, had lacked closure for eight years during the run-up to the trial, his lawyer said.

Scott was in Intensive Care Unit at Bellevue Hospital in New York City, a victim of a car crash on a Friday in February in which he was a passenger of a car service, returning home from a late night mixing session to finish a new record. Another car came at high-speed through a stop sign and crashed broadside into his car. The accident occurred a short distance from his home. His condition was listed serious, with fractures of his clavicle, rib, shoulder-blade, and back, including catastrophic fracture of his T5 vertebrae, crushing his spinal cord.

The trial took two weeks beginning Nov. 9,  featuring testimony aimed at showing defendant Wojciech Czmielewski and his son, Adrian, were responsible for the collision in the early morning hours of Feb. 16, 2008.

The jury say came back with the statement: We heard the evidence and we know who put you in the position you are in.”

The liability verdict was announced on Nov. 17 and the damages verdict on Nov. 22.

The impact was so loud that neighbors rushed out of their homes. Wojciech Czmielewski, who owned the car, reported it stolen several hours later.

It was the plaintiff’s contention that the car theft was a ruse, and that it was actually driven, and often used by Adrian Czmielewski, who was 18 years old at the time.

The trial also consisted of testimony from a Queens woman, who was Czmielewski’s the neighbor. She testified that a few days after the 2008 crash, she saw Adrian was bruised and cut up, indicating he was in the accident.

This has been a long battle for Scotty Hard and this “WIN” will set him on the road to healing. Below is a YouTube video of Scott hard thanking the generosity of those who donated to his recovery while awaiting a long lawsuit conclusion.

New York personal injury attorney Paul Ajlouny in this case states that the award was warranted considering the victim is now paralyzed due to the severity of the accident.

According to the Centers for Disease Control and Prevention (CDC), there are 200k people living with spinal cord injuries in the US. Each year, about 12k to 20k new cases of spinal cord injuries occur in the U.S. The majority of spinal cord injuries are suffered by younger people. An estimated 50 to 70 % of all new spinal cord injuries are in people in the 15- to 35-year-old age group.

The cost of treating a paralysis victim in the first year after the injury runs, on average, between $300,000 and $1 million. Each year after that treatment will cost between $40,000 and $170,000 as of 2013. The lifetime cost of treating a paralyzed victim can easily run over $3 million dollars.

 

 

$700K Awarded to passenger in three-car collision

Passenger awarded 700k for injuries, pain and suffering from rear end collision.

In the motor vehicle accident trial Agrest v. Murphy involving a three-car rear end collision that occurred in November 2013 in Staten Island. Alla Agrest, 47 year old was at a full stop when her car was struck from the rear, and she claimed she felt two impacts. Myriam Volpe, was driving the vehicle directly behind Agrest. John Murphy’s car was last in the chain. Each party maintaining that the other hit first and pushed their car into Agrest’s, but the jury found both equally at fault.

Alla Agrest claimed that she required anterior cervical discectomy (ACDF) and fusion surgery to repair herniation’s and other injuries to her neck as a result of the accident. The procedure removes a herniated or degenerative disc in the neck area of the spine, after which a bone graft is inserted to fuse together the bones above and below the disc space. Agrest also underwent arthroscopic surgery to her right knee.

The defendants all maintained that either the accident worsened chronic physical conditions, or that Agrest’s injuries were not that serious. The jury, however, saw thing differently and awarded Agrest a total of $700,000 in damages, including $500,000 for past pain and suffering. The trial ended this last week in Kings County Civil Term.

The baloney in the sandwich, rear end crashes are a good percentage of the cases our law office picks up.  Anyone injured in a rear-end accident as the driver or passenger, caused by negligence deserves full compensation for their injuries and should discuss a legal claim with our law firm by calling at 718-233-3913 as soon as possible. says Paul Ajlouny, New York car accident attorney.

three-car collision

24 Hour Free Accident Advice: 718-233-3913

Serious injury can occur as cases in a rear-end accident:

  • Fractures
  • Traumatic brain injury (TBI)
  • Loosing teeth
  • Whiplash (neck injury)
  • Back injuries
  • Crushed limbs
  • Internal Injuries
  • Bruising or contusions
  • Burns
  • Spinal cord injury (SCI)

Getting rear ended can cause severe injuries in the chest, head, neck and spine. Whiplash being the most common injury sustained in a rear ended accident as a result of movement of the head forwards and then backwards very quickly.

There are about 1.7 million rear-end collisions on U.S. roadways each year. About 1,7000 people die in those collisions and another 500,000 are hurt. according to the National Transportation Safety Board (NTSB).

In a report accompanying the recommendation, the NTSB pointed to a study by the National Highway Traffic Safety Administration which found that 87 percent of rear-end collisions happened because the driver simply wasn’t paying attention to the road.

The NTSB said that cell phones and other non-driving related systems in cars contributed to that distraction.

The National Highway Traffic Safety Administration (NHTSA) statistics:

  • 23% of crashes are run-off-road/loss of control incidents
  • 28% of crashes are rear-end collisions
  • 9% of crashes were caused by bad lane changes

SOURCE: National Transportation Safety Board 

 

 

 

 

$1.7 million in car accident trial

Lets Review New York How Justice Works in A Car Accident Case.

The New York City Transit law department, faces off with the plaintiff in the motor vehicle accident trial Vidal v. Rodriguez.

In October 2011 Kelda Vidal, 26 years old while driving to her job when she stopped for an emergency vehicle near the intersection of Bedford and Willoughby avenues, when within seconds rear-ended by Louis Rodriguez who was behind the wheel of a Transit Authority vehicle.

Kelda Vidal claimed that as a result of the accident she underwent a neck discectomy and fusion surgery, replacing a disc with a metal plate, and remains in constant pain despite medication and therapy. According to reports from her pain management physician  it was confirmed that Vidal’s symptoms of neck and head pain are permanent. Vidal alleged that she could not resume her former duties as a hospital security officer.

The legal team of the NYC transit department tried to dispute the extent of Vidal’s claims, refuting her allegations of impeded movement through reports citing her range of motion as within normal limits.

The jury returned a verdict of damages for past and future pain and suffering, past medical expenses and lost earnings in the total amount of $1.7 million in the trial that concluded this week in Kings County Civil Term.

1.7 million For Plaintiff Rear ended in Car Accident

1.7 million For Plaintiff Rear ended in Car Accident

When a person is found person responsible for an accident — That person’s liability insurance company must pay an injured person for:

  • medical care & expenses
  • missed work & lost wages
  • pain and suffering
  • permanent disability or disfigurement
  • loss of normal lifestyle (family, education,etc…)

Injured in an moving vehicle accident in New York? Got questions? Ask a New York car accident lawyer. The advice is FREE!

 

Personal injury settlements

An experienced New York car accident attorney can be vital in settling your vehicle accident claim. Going it alone may cause an injured victim to lose out on compensation they rightly deserve.

Compensation meaning medical bills, lost wages from time away from work and any damages from the accident.  Following a few simple tips may help in perusing a successful injury claim.

Preparing an auto accident claim can be confusing, overwhelming and difficult on your own. Before even attempting to pursue settlement negotiations its always advisable to speak to an accident car injury attorney for a case review.

Insurance companies often times will try to manipulate an injured victim in  excepting a low settlement. They will try to get you to sign a notice of release that will pretty much settle your claim for next to nothing.

Something to remember is never ever admit guilt or second guess the events of the accident details.

Gather as much information as necessary relating to the accident  to support your claim.

  • Witness Statements
  • Medical Records
  • Lost Time from Work
  • Pain and Suffering

Confused yet.  You don’t have to be.  Putting your trust in the right personal injury lawyer will ensure a much more positive outcome in you accident case.

Post Navigation