At 5:15pm a truck driver’s helper was unloading his delivery truck, which was stopped near the intersection of West Ninth Street and Sixth Avenue in Manhattan, NY. While he was standing near the rear of his truck, he was struck by a van.
The victim became pinned between the rear bumper of his truck and the front bumper of the van and sustained serious crush injuries to his leg, including a fractured tibia which required a bone graft and additional medical treatment.
The defense counsel contended that our client’s injuries were healing well and that the victim would not be left with any permanent residual injury, further arguing that some of our client’s ambulatory problems stemmed from a prior injury to his right leg.
During mediation, Raphaelson & Levine was able to secure a $400,000 settlement under New York’s supplementary underinsured-motorist provision in addition to the defendant insurer’s maximum policy amount of $100,000. The insurance payout, $500,000 in total, will compensate our client for his past and future pain and suffering.