Overview

A 41-year-old mother of two suffered serious orthopaedic injuries and post-traumatic stress after being struck by a vehicle while using a pedestrian crosswalk. She was unable to return to work due to the combined effects of her physical and psychological injuries. Claims against the at-fault driver and for catastrophic accident benefits were successfully resolved through a combined settlement of $1.875 million.

Key Takeaways

  • Settlement: $1,875,000
  • Accident type: Pedestrian struck by a vehicle in a crosswalk
  • Primary injury: Permanent right shoulder injury caused by a dislocated clavicle
  • Additional injuries: Post-traumatic stress resulting in anxiety and difficulty coping
  • Resolution method: Settlement of the tort claim and accident benefits claim
  • Notable legal issues: Successful challenge to the driver’s version of events and catastrophic impairment designation
  • Medical treatment: Surgery for the shoulder injury
  • Long-term impact: Permanent pain and shoulder instability, inability to work, ongoing rehabilitation, and access to enhanced accident benefits

The Case

A 41-year-old esthetician and mother of two was walking through a marked pedestrian crosswalk when she was struck by a vehicle. The collision caused a serious injury to her right clavicle, leaving both ends grossly rotated out of position. Despite undergoing surgery, she continued to experience permanent pain and instability in her right shoulder.

In addition to her physical injuries, she developed significant post-traumatic stress that left her anxious and easily overwhelmed. The combination of her physical and psychological impairments prevented her from returning to work.

A lawsuit was commenced against the at-fault driver, while an application was also brought against her own automobile insurer seeking a catastrophic impairment designation to provide access to enhanced accident benefits. Although the driver claimed she stepped into the roadway without warning, that evidence was successfully challenged through cross-examination during discovery and supported by engineering evidence.

The client was ultimately determined to be catastrophically impaired because of the combined effects of her injuries. Both the lawsuit against the driver and the accident benefits claim were resolved through a total settlement of $1,875,000, allowing her to focus on rehabilitation without the burden of ongoing financial stress.

Why It Matters

This case demonstrates how both physical and psychological injuries can have a profound impact on an individual’s ability to work and carry out daily activities. It also highlights the importance of considering the combined effects of multiple impairments when evaluating catastrophic injury claims.

The settlement provided financial security and access to enhanced benefits, allowing the client to focus on her ongoing recovery and rehabilitation.