Woman on Bicycle Hit by Truck: Aggravation of Pre-existing Conditions; 3-day Trial Results in Damage Award

Our client, a 55 year old woman, was riding her bicycle when struck by a delivery truck making a left turn into the crosswalk in which she was traveling. Our client fell to the ground and may have been momentarily unconscious. She refused medical treatment at the scene but later submitted to emergency room treatment which disclosed no fractures or major injuries.

Our client earned a foreign medical degree but was unable to work on a regular basis for several years prior to the accident because of pre-existing medical and emotional problems. After the accident, her medical complaints increased and were quite varied. Her medical care included at least three surgeries for knee and leg problems as well as substantial expenses for dental, chiropractic, acupuncture, counseling and physical therapy treatments. She also complained of upper body pain and carpal tunnel syndrome along with numerous other ongoing problems.

The delivery company’s carrier claimed that except for minor whiplash injuries, our client’s injuries pre-existed the accident and were unrelated to it. Pretrial settlement offers peaked at $10,000. After a three-day trial to a judge, the delivery company’s attorney asked the court to limit its award $25,000. The judge found in our client’s favor and awarded damages in the amount of $69,500 plus costs.

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