Pedestrian Accident Lawyer Case | Joel H. Schwartz, P.C.Joel H. Schwartz, P.C.

Pedestrian Accident Lawyer Case

Pedestrian – Below Knee Amputation – $1,000,000.00 – full policy

Reported in the Lawyers Weekly

In this case the plaintiff was crossing the street when she was struck by a motor vehicle operated by the defendant. Immediately following the accident, the defendant came to the aid of the plaintiff, and asked if she was alright; he also claimed that he would call emergency medical personnel. While testifying, the defendant stated that he spoke with an ambulance service, but this was the last time that the plaintiff would see him.

The next day the plaintiff went to the emergency room for injuries. She was diagnosed with a sprained ankle. Later on, it was found that she also sustained a fractured foot, and a fracture of the ankle. Before the accident the plaintiff had a complex medical history which included recent angioplastic intervention as well as cardiomyopathy.

Since the diagnosis of the breaks and fractures were delayed, this resulted in further injury to the area. After several surgeries to insert hardware, the plaintiff had to have her leg amputated below the knee.

When the incident occurred, the plaintiff had just completed the written test which was required by her nursing school. She was then ready to begin the two year hands on study. Before the incident, her last job was as a medical assistant in which she made $10/hour.

The counsel for the defendant argued that there were issues with both the causation and liability in this case. Furthermore, the defendant stated that he never hit the plaintiff, and that the only reason he stopped was because he felt that she was intoxicated. To take this even further, the plaintiff testified that she never looked in the direction from which the vehicle was traveling before she crossed the street. The defense stated that if the plaintiff would have even glanced to her right, she would have had ample time to stop from crossing in front of the car.

The defense also touched on the amputation of the lower leg. They argued that the plaintiff went against medical advice from her doctors by placing weight on the ankle fracture. In turn, this led to the amputation, they argued.

The defendant offered $1 million to the plaintiff after she filed a demand letter. At this point, medical malpractice issues are being examined in this case.

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