Our client was driving along Route 208 in the Village of South Blooming Grove when the Defendant crossed the double yellow line and collided head on into our client’s car at a high rate of speed causing it to spin 180 degrees. As a result of the impact, our client sustained severe injuries and had to be transported by helicopter to Westchester Medical Center. The Defendant was driving a car that was owned by a car dealership, which also made the dealership partially liable for the accident.

Severe and Permanent Injuries

The injuries required extensive hospitalization and treatment, including a medically induced coma for 10-12 days, three separate surgical procedures, in-patient rehabilitation, home confinement, and physical and occupational therapy. Our client had to wear a cervical collar for three months and use a cane to assist with walking for approximately one year.

The accident also caused our client to sustain a traumatic brain injury that resulted in a major neurocognitive disorder that affects reading, concentration, word-finding, organization, attention, processing, and memory.

In addition, the accident also resulted in our client suffering from psychological injuries, including PTSD, adjustment disorder, and anxiety and panic while driving.

These injuries severely impacted our client’s personal life and professional life as an attorney and town judge in Orange County. Our client was an extremely high functioning professional. The limitations and inability to function at the same level caused him to suffer financial stress and depression, as well as related marital difficulties.

Successful Argument for Substantial Damages

We argued that Defendant’s liability for the accident could not be disputed. The local police investigation and New York State Police reconstruction of the accident determined, without any doubt, that the Defendant crossed over the double yellow line and crashed into our client’s car. The Crash Data Recorder from the Defendant’s vehicle revealed that the Defendant was driving 58 m.p.h. at the time of impact, and that he did not brake or try to slow down to avoid the collision. The Defendant argued that our client was not wearing his seat belt; however, our expert concluded that he would have suffered the same injuries regardless of whether he was or was not wearing the seat belt.

We retained medical experts to demonstrate the extent, severity, and permanency of our client’s injuries, as well as vocational experts to calculate lost past and future earnings, along with future life care costs. As a result of our efforts, we were able to negotiate a settlement award in the amount of $1,420,000.

Read more Ostrer & Associates Personal Injury Verdicts and Settlements.