It started as a small cut. But the client was elderly, in her 80’s, and had pre-existing blood circulation problems. With the passage of time, the opening in the skin grew larger, and larger. And treating and dressing the wound became more and more difficult. The poor woman wound up with a 6-inch long and several inches wide opening in the flesh covering the top of her foot. The condition persisted and defied treatment for months, requiring highly specialized care.
An apparently minor accident on the job developed into a serious chronic injury for my client, who ultimately went on to recover–following a period of utter misery. Photos of the condition–which we will NOT publish here–provided compelling evidence which supported a confidential settlement with a major national supermarket chain, and the gratitude of a much relieved client.
Our client, a kind and gentle man from Peru, was working the night shift operating a Miami airport shuttle bus when he was hit broadside by a drunk driver blowing a red light at high speed. The impact sent our client through the open driver’s side window onto the pavement 30 feet away. He lost consciousness, and was left with multiple traumatic injuries including orthopedic fractures and a closed head injury with post concussion syndrome.
It was clear that the crash was entirely the other driver’s fault. But was my client wearing his seat belt and shoulder harness at the time? This was a critical issue. Under law, the seat belt defense provides that one’s damages should be reduced to the extent that the injuries resulted from the failure to wear an operative seat belt. In this case, my client could not definitively say whether or not he was belted. There as memory loss from the head trauma. But forensically, if he was belted, he would not and could not have been ejected.
Jury verdicts reducing damage awards because of the seat belt defense swing wildly. Sometimes an injured plaintiff’s recovery can be reduced by as little as 20%, and sometimes as much as 60% or more.
Weighing risk versus reward, my client gratefully accepted a confidential settlement in the mid-six figure range, one of the richest on record for similar cases, and today. I am glad to report, he and his family enjoy a measure of peace to compensate for his unfortunate injuries.
Personal Injury Attorney Mark Wolin proudly serves Florida and South Florida communities in Miami-Dade County, Monroe County and Broward County including Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Gardens, Biscayne Park, Davis Harbor, El Portal, Hallandale, Hallandale Beach, Hialeah, Hollywood, Hollywood Beach, Liberty City, Little Haiti, Little River, Miami, Miami’s Upper East Side, Miami Beach, Miami Gardens, Miami Shores, North Bay Village, North Miami, North Miami Beach, Opa Locka, Pembroke Pines, Pembroke Park, Sunny Isles Beach and Surfside, Florida. View our privacy policy here.
