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$325K Settlement for Woman Injured After Being Struck by Bicyclist

Warm air from stopped cars filled a New York street where thousands of pedestrians cross every few minutes. A restaurant’s delivery bicyclist hurried to his next destination, traveling in the wrong lane. Suddenly, he collided with Jane Doe who was halfway across the street. She was knocked to the ground, smashing her head onto the dirty pavement.

Before the accident, Jane had stopped and checked for oncoming vehicles. Then, she stepped into the street mid-block when she thought it was safe. Police were called to investigate, and they found Jane badly injured. She was eventually able to gather herself, and argued she was clearly visible when she passed the center double-yellow lines. Despite this, the Defendant claimed that Jane had stepped off the curb in front of him, giving him no time to react. After recording their statements and information, the police sent them on their way.

Jane was taken to the nearest hospital and had several x-rays taken. The medical imagery revealed she had a fractured clavicle, dislocated shoulder, and suffered several facial fractures. As she received treatment, she began experiencing memory loss issues. This was a cause for concern for the attending doctors, and they ordered an MRI of her skull. The MRI, however, revealed no evidence of any hemorrhaging. Because of her continuous difficulty remembering, a treating neurologist diagnosed her with a mild traumatic brain injury.

A friend of Jane’s referred her to an attorney she had previously worked with, Matthew Haicken of Haicken Law PLLC. Matthew visited Jane as she recovered in the hospital to learn how the event happened. After hearing her story, Matthew agreed to help Jane, beginning with contacting the Defendant and his employer. Fortunately, the Defendant was a full-time employee at the restaurant he delivered for, and was covered under its robust insurance policy.

Matthew scheduled a mediation session with the Defense, and thoroughly researched his client’s symptoms. He discovered she suffered a coup-contrecoup injury. A coup-contrecoup occurs when a person’s head is struck, causing the brain to collide with one side of the skull and ricochet to the other. This injury leaves the brain damaged on both ends.

Planning for mediation, Matthew contacted DK Global to recreate the incident and demonstrate how the fall to the ground caused Jane’s extensive injuries.

DK Global’s accident reconstruction animation focused viewers’ attention on the collision and Jane’s subsequent damages. The Plaintiff was seen looking both ways before crossing. Then, the Defendant traveled down the road, colliding with the Plaintiff and throwing her to the ground. While on the floor, a view of her injuries was displayed, including her laceration, facial fractures, and her fractured clavicle. Finally, the scene replays and focuses on the Plaintiff’s brain rebounding in her skull, demonstrating how a coup-contrecoup injury occurs.

Matthew attended the mediation with the DK Global animation in hand. Upon seeing the video, the Defense was visually unhappy with the thought of such a visual aid contextualizing how a potential jury would review the exhibits.

After hours of discussion and compromise, Matthew and his client agreed to settle the case for $325,000.

Matthew Haicken of Haicken Law PLLC has over 12 years of experience as a personal injury attorney. Prior to opening his own firm, Matt worked at a large insurance company where he was able to examine the strategies and techniques of Defense attorneys. With this valuable experience, Matt prides himself on attaining justice for those who have been harmed by the actions of wrongdoers. Notably, Matt is actively involved in the New York State Trial Lawyers Association, an organization that prides itself on advancing justice for injury victims.

"When I got to the mediation, the adjuster and the lawyer for the other side were really angry... that's when I knew I had something good. I'm definitely going to use DK Global for all of my bigger cases!"
Matthew Haicken of Haicken Law PLLC
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