A helmeted bicyclist was traveling down High Street in Armonk, New York, when he was hit by a box truck pulling onto the road. Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis filed suit in the Supreme Court of New York, County of Westchester, proved that the box truck driver had been driving negligently by failing to properly pay attention to the road, and won our client a $1.15 million settlement.
The man, an avid bicyclist, was training for Etape du Tour (one stage of the Tour of France) when the bike accident happened. He was taken by ambulance to Westchester Medical Center in Valhalla, New York, suffering injuries to his neck, back, the left side of his chest, and his left shoulder. In his cervical and lumbar spine, the client suffered disc herniations and disc bulges; he also had several broken ribs and a fractured clavicle; and lastly a fractured scapula. While the bike rider had worn a helmet to protect against a concussion or head injury, the impact was so strong that the helmet broke and the client suffered a mild traumatic brain injury (TBI). The client underwent months of physical therapy and may require future surgery for his neck and back.
Davis, Saperstein & Salomon, P.C. hired medical experts, including neuropsychologists, to author narrative reports describing the man’s injuries and their permanent nature. With the help of these experts, Partner Samuel L. Davis ensured that the client received proper compensation in the form of money damages for his injuries, pain, and suffering, in the sum of a $1.15 million settlement.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary
Cervical spine: The cervical spine, also known as the neck region, consists of seven bones – C1-C7 vertebrae. They are separated from each other by intervertebral discs. If one of these vertebrae become misaligned, symptoms including neck pain, head pain, shoulder pain, and more, can occur.
Disc bulge: Bulging discs are a condition in which the inner portion of a spinal disc remains contained in the outer portion of a spinal disc. The outer shell often becomes weaker, and the disc begins to bulge to one side of the spinal canal or flatten. Many experience bulging discs after an injury.
Disc herniation: Occurs when the exterior of a disc cracks and its nucleus pushes into the spinal canal and irritates surrounding nerves.
Lumbar spine: The lower back; consists of five bones.
Traumatic brain injury (TBI): Damage to the brain caused by an external force, e.g. a bump, blow, or jolt. TBIs can result in cognitive, physical, and psychosocial impairment.
