$875,000 Pedestrian Brain Injury Settlement in Brooklyn

When a vehicle struck a Brooklyn pedestrian in the head, the driver tried to blame the victim. Raphaelson & Levine won summary judgment on liability — then settled for $875,000.

Pedestrian Struck in the Head in Brooklyn

Our client was crossing a Brooklyn street when a vehicle making a turn struck them, with the side mirror or vehicle body impacting the head directly. The blow caused a traumatic brain injury with symptoms that worsened over the following weeks: severe headaches, confusion, memory gaps, and an inability to concentrate long enough to work or perform routine daily tasks.

Neurological testing confirmed diffuse axonal injury — a form of TBI where the brain's internal connections are disrupted by rotational forces. The prognosis indicated permanent cognitive deficits that would limit our client's earning capacity for life.

Winning Summary Judgment on Liability in Kings County

The defendant's attorney argued comparative negligence, claiming our client had stepped into the crosswalk against the signal. Our attorneys obtained surveillance footage from a nearby business that clearly showed our client entering the crosswalk with the walk signal. Combined with the police report and an eyewitness statement, the evidence was so one-sided that we moved for summary judgment on liability.

The Kings County Supreme Court granted the motion — meaning the defendant could no longer dispute fault at trial. With liability resolved, the case became a pure damages case, and the defense had no choice but to negotiate based on the full extent of our client's injuries.

"Summary judgment on liability is the strongest position a plaintiff can have going into damages negotiations. When the surveillance footage showed our client had the walk signal and the driver turned directly into them, the court agreed there was nothing left to argue. That ruling is what drove the $875,000 settlement." — Howard Raphaelson, Founding Partner

$875,000 Settlement for a Brooklyn Pedestrian Brain Injury

This settlement covers neurological treatment, cognitive rehabilitation, lost earning capacity based on permanent brain injury, and the daily limitations our client now faces. The summary judgment ruling ensured the defendant could not reduce the recovery by blaming our client for the accident.

If you were struck by a vehicle as a pedestrian and suffered a head or brain injury, our pedestrian accident attorneys have the litigation experience to win on liability and maximize your recovery, and are ready to review your claim.