$5,600,000 Bicycle Accident Settlement

Posted in and tagged by Ken Wilhelm

New York Personal Injury Lawyer Kenneth A. Wilhelm Obtains $5,600,000 for Injured Bicyclist Who Was Rendered Paraplegic and Suffered Brain Damage
New York personal injury lawyer Kenneth A. Wilhelm was able to get a $5,600,000 out of a $6 million insurance policy for an injured bicyclist who was rendered paraplegic and suffered brain damage after being struck by a vehicle. The case (31734/2009) was settled on Jan. 16 shortly before the scheduled trial date.
New York, N.Y., Jan. 31, 2013 – The Law Offices of Kenneth A. Wilhelm settled a case for $5,600,000 on behalf of a client who was hit by a motor vehicle while on a bicycle. The case (31734/2009), which was filed around Jan. 5, 2010 in the Queens County Supreme Court, was settled on Jan. 16, 2013. The police report stated: “Witness who is bicyclist’s brother states they were both traveling S/B (southbound) on Jun. Blvd. (Junction Boulevard) on their bikes when bicyclist made quick left causing him to be struck by vehicle 1.”
According to Kenneth A. Wilhelm, lawyer for the plaintiff, the injured person’s blood alcohol level exceeded the legal limit, based on a blood alcohol test that was administered to him at the hospital. The victim suffered severe brain damage and was rendered paraplegic as a result of this incident, Wilhelm said.
The defense claimed that the victim did not wear a helmet. Mr. Wilhelm said his firm hired a biomechanical expert who determined that a helmet could not have prevented the victim’s injuries because it would not have extended down to cover the area of his skull that was fractured in the incident. “The expert also determined that the fracture in the back of the skull meant he was hit in the rear by a motor vehicle,” Wilhelm said. “The hospital record also showed no injuries to the left side of his body, which we said, would occur if the injured person had made a quick left in front of the van. If that were true, there would have been injuries to the left and also the right side of the body when he hit the ground.”
Wilhelm said there were several challenges he faced in this case including the fact that the police report faulted his client. “The other side would have claimed that the accident was not forseeable nor preventable because the injured person made a sudden left in front of the motor vehicle. The driver said he could not have avoided the accident. Secondly, the defendants retained an alcohol expert who said that when someone is under the influence, he or she would be more likely to act in a careless way.”
Wilhelm said he considers this a significant victory because of the major challenges involved in this case with regard to the plaintiff. “This type of case requires not only a significant investment of money, but also of time and effort. In spite of the challenges in this case, we were able to obtain a settlement of more than 93 percent of all available insurance.”
About the Law Offices of Kenneth A. Wilhelm
The Law Offices of Kenneth A. Wilhelm is a personal injury litigation firm with an unwavering dedication to its clients. With more than 41 years of experience, our firm strives to obtain the best compensation for those who have been injured or those who have lost a loved one due to an accident or by someone else’s negligence. We handle cases dealing with personal injury, medical malpractice, wrongful death, workers’ compensation, dental malpractice, motor vehicle accidents, rape, paralysis, comas, seizures, false arrest, lead poisoning, trips and slips and falls, elevator accidents, construction accidents, Erb’s palsy, cerebral palsy, brain damage, blindness, hearing loss, dog bite cases, fire and smoke inhalation accidents, bicycle accidents, falls from windows or scaffolds, and many other types of accidents and injuries.
Please contact us 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES