$1,100,000 Settlement
Motor vehicle accident, rear-end collision
Motor vehicle accident, rear-end collision
Supreme Court
State of New York, New York County
Settlement
$1,100,000
Jonathan S. Wachlarz, Esq.
Shulman & Hill
The Case
The plaintiff, a 35-year-old MTA Bridges and Tunnels operations superintendent, had stopped his employer's vehicle in the left lane of the FDR Drive behind a disabled car, with his hazard lights activated. After he had been stationary for approximately seven to eight minutes, the defendant's vehicle struck him in the rear. He sustained a concussion with post-concussion syndrome with cognitive deficits confirmed on neuropsychological testing, along with cervical spine disc herniations and radiculopathy. This was a non-surgical case.
The Challenge
The damages case faced significant hurdles. The plaintiff had modest past medical expenses of approximately $29,000, never underwent formal neuropsychological treatment, and treated with his neurologist only five times in total, giving the defense grounds to argue the brain injury claim was unsupported by the treatment history. He also missed only three months of work before returning, and later took a new position involving more cognitively demanding work such as contract review, which the defense could point to as evidence against any claim of lasting cognitive impairment. Defendants had offered only $25,000 prior to the mediation.
The Result
The $1,100,000 settlement represents a recovery of more than a million dollars in a case with limited medical specials, a favorable defense narrative on the brain injury claim, and no surgery performed to date. The result reflects counsel's ability to build a compelling damages presentation around objective imaging findings and documented cognitive deficits - moving the defense from a nominal $25,000 offer to a seven-figure resolution.
Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.