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This case involved a 28-year-old plaintiff driver, who contended that the defendant underlying driver lost control and swerved into oncoming traffic, causing the head-on collision. The plaintiff maintained that he sustained burst fractures at L-2 and L4 that prompted a fusion from L3-L4, and which will cause permanent pain with significant restrictions. He also sustained fractures of the talus and calcaneus that required surgery, which will cause permanent symptoms. He further suffered a fractured clavicle that was severe which necessitated an open reduction and internal fixation.

The plaintiff further asserted that the scarring from the clavicle and lower leg surgeries is very significant and that the plaintiff, who is unmarried, is very self-conscious about the cosmetic appearance of his residual scarring. Workers' Compensation paid all medical bills and lost wages and its lien was satisfied from the $100,000 proceeds from the tortfeasor. The plaintiff, who was an HVAC mechanic, lost two-and-one-half years from work. He contended that although he was able to return, he was only could do so because his employer accommodates his significant limitations that include being unable to climb a ladder. The plaintiff alleged that if he ever loses this job, he will clearly be at a competitive disadvantage in obtaining work in his field.

The defendant had $100,000 in coverage, which was paid. The plaintiff had $1,000,000 in UIM coverage and $900,000 remained available. The case settled for the full $1,000,000 in available coverage before the institution of suit.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source- Plaintiff 28-Year Old Driver v. Defendant Cross-Over Driver, 32 NY. J.V.R.A. 12:9, 1000 WL 284989 (Jan. 1, 2016).