New York, New York. MONIER LAW Personal Injury Lawyer, PHIL MONIER, obtained a $3.2 Million Dollar settlement prior to trial in the Supreme Court of the State of New York, Manhattan, before Judge Kaplan, on behalf of his client who was only 35 years old on the date of his accident.
The lawsuit was brought to obtain compensation for a security guard who was seriously injured when a construction worker hit into a beam with a ladder, causing the beam to strike the security guard in the head. The impact from the accident caused him to suffer traumatic brain injuries, as well as injuries to his face, neck and lower back. As a result of these traumatic injuries he had to undergo several surgical procedures.
The herniated disc material in his lower back had to be surgically reduced, in two separate surgical procedures. The trauma caused the jell-like interior of the discs located between the vertebrae in his lower spine to rupture through the hard cartilage exterior and press against nerves, causing pain. This serious injury requires surgical intervention when conservative treatment such as physical therapy and pain management injections do not satisfactorily manage the pain and restore the resulting reduction of range of motion.
The lawyers for the construction company and owner of the space where the work was being performed were prepared to argue that our client was not injured as a result of this accident, but that his injuries were the result of degenerative changes, caused as a result of the normal aging process. They were further prepared to argue that there was insufficient force from the beam striking him on the head to cause the brain injuries alleged and that since he did not fall down on his back, the back complaints were not causally related to the accident. They were also further prepared to argue that he had made a total and complete recovery from whatever injuries he did in fact suffer as a result of this accident and was able to return to gainful employment.
Following the settlement, PHIL MONIER gave a statement during an interview with a reporter from ALM Media that, the defenses that were being put forward by the construction company and by the operators of the venue were outrageous. We were prepared to call top experts in the fields of neurology, pain management, radiology and economics to demonstrate to the jury the extent of this man’s injuries and the effect that these injuries have had, and will continue to have, on this man’s life. When an accident happens as the result of someone’s negligence, or failure to use reasonable care, the injured party deserves to be fully compensated for not only what that person has gone through since the date of the accident, but also for what the person will go through in the future, for the rest of that person’s life. The proceeds from this settlement will help our client deal with his continuing pain and functional difficulties.