Accident Victim Receives $1.5 Million

Note: The recoveries in these cases are not necessarily indicative of recoveries in similar cases in the future, since each case must be decided on its own facts and circumstances.

Walter Emroch and Tom McNally represented a woman who had been driving in the left travel lane when the defendant, who was driving a 15-passenger work van, had suddenly swerved from the right lane into the left lane. The impact caused fractures in the plaintiff’s hip, hand and several ribs. She was hospitalized for close to 30 days.

Following the accident, the defendant driver told the police that at the time of the collision, he had gotten a cramp in his leg, jerked the steering wheel to the left and struck the plaintiff’s car. However, during the defendant’s deposition, he denied ever having made such a statement. He claimed that he had been in the right lane, safely moved into the left lane, slowed down to make a left turn and was struck by the plaintiff. The van had pre-existing damage, so it was difficult to determine where the van was impacted during the collision.

The defense contested liability, and challenged the plaintiff’s future medical costs and lost wage claim. They also claimed that she failed to mitigate her damages for years after the accident by making little or no effort to lose weight in order to undergo hip surgery.

The case was settled for $1.5 million.

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I saw the commercials and the lady stating she was going down the highway with her two year old son in the car, and the tractor trailer hit her. In my case I was traveling down the highway and the truck hit me than made me lose control and I hit another vehicle that had a two year old child in it. I knew then your company would be a perfect fit for my case.
Theresa
Emroch & Kilduff
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