Levinson Axelrod, P.A. Partner Kathleen DiGiovanni recently secured a sizable policy limits settlement in a case involving an elderly man who died from injuries sustained in a crosswalk accident.
In this matter, Kathleen was referred a case involving a victim who had been seriously injured in a crosswalk accident. According to case records, Kathleen’s client, an 80-year-old man who was in great physical health, had been walking in a crosswalk on his way to go fishing when he was tragically struck by a motor vehicle. Video footage from the vehicle’s dash cam was compelling in terms of how violent the collision was.
As a result of the accident, Kathleen’s client was rushed to Jersey Shore Medical Center where he underwent emergency hip surgery. The following day he underwent a second hip surgery as well as right ankle open reduction with internal fixation surgery. The following week he underwent a complex repair of his right hand. Ultimately, our client succumbed to his injuries and passed away.
In litigating the case, Kathleen faced some potential difficulties in that our client, although being in great shape, was an elderly man whose death occurred some time after the accident. However, Kathleen was able to effectively relate that our client’s death was a result of the injuries he sustained in the motor vehicle crash and used that as leverage to negotiate a settlement totaling $1.25 million, which was the limits of the defendant’s insurance policy.
Our client’s passing was a tragic loss for his family and serves as a powerful reminder that pedestrians face immense risks whenever they are on or near roads with vehicle traffic – especially when motorists fail to uphold their obligations to remain vigilant and attentive behind the wheel. Fortunately, New Jersey law gives victims of pedestrian accidents the right to hold at-fault drivers accountable through the filing of personal injury or wrongful death claims.
Kathleen M. DiGiovanni is a Partner at Levinson Axelrod, P.A. who works primarily from our offices in Howell and Belford. An accomplished trial attorney and former New York City Assistant District Attorney and Special Assistant U.S. Attorney for the Eastern District of New York, Kathleen has recovered millions of dollars in compensation for clients in claims involving motor vehicle accidents, premises liability, and serious personal injuries since she joined our team in 2012.