New York City Resident Killed In Pedestrian Crosswalk Car Accident
$4.5 Million Wrongful Death Settlement by Lawyers During Trial
When an 81-year-old woman left her home on September 18, 2014, she embarked on a journey for which she could never have prepared.
The woman was walking to her bus stop, where she planned to catch a bus that would take her to her doctor’s appointment. Her walking route to the bus station took the woman up 2nd Avenue and across 116th Street on Manhattan’s Upper East Side.
She began to cross the street, northbound, within the 2nd Avenue crosswalk. At the same instant, a commercial van traveling southbound on 2nd Avenue and carrying a large group of passengers turned right onto 116th Street, in a westbound direction.
The van struck the elderly woman and caused her to suffer severe injuries.
The Van Driver Blamed the Elderly Woman
The van driver asserted that the elderly pedestrian was to blame for the car accident, claiming she had run across the street.
Ultimately, the driver pleaded guilty to two misdemeanors for failure to give the right-of-way to pedestrians crossing the street and for failure to exercise due care and causing serious physical injury.
Victim Dies After Great Pain and Suffering
The elderly victim of in this accident suffered multiple fractures that required surgeries. Ultimately, surgeons amputated her leg. She experienced limited periods of consciousness following her accident. Within one month of the accident, she died.
Surviving Family Members Pursue Wrongful Death Action
The pedestrian victim’s family hired Oresky & Associates, PLLC to represent them in a wrongful death action against the driver and owner of the van.
The case went to trial, during which the Oresky’s firm presented expert witnesses who testified about the severe pain and suffering the pedestrian had suffered. They also testified about the victim’s pre-impact terror, and, of course, her death.
Family Presents Compelling Testimony
Family members testified about the loving relationship they had with their mother and grandmother—the advice she gave them and the loss they felt with her passing.
The trial was ongoing when plaintiff and defense lawyers met and settled the suit for $4.5 million.
Look through our other case results to see how we have assisted many New York families in recovering the damages they deserve.
New York Does Not Permit Family Members to File a Wrongful Death Claim
Across the State of New York, wrongful death claims must be filed by a personal representative of the decedent’s estate. As such, besides a family member who has been designated as the personal representative of the decedent’s estate, family members are not permitted to file a wrongful death action.
You Have a Limited Time to File a Claim
New York’s statute of limitations for wrongful death is two years. If your loved one passed away due to another party’s negligence in New York, an experienced car accident attorney in the Bronx, Queens, or Manhattan at Oresky & Associates, PLLC can represent you in your quest for justice.
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