$700,000 Pedestrian Accident Settlement at Jury Selection
Securing justice for a pedestrian who sustained severe facial fractures and permanent disfigurement after being struck by a vehicle.
Why the timing mattered
The settlement came at jury selection, after the case had been prepared for trial and the defense could see the strength of the liability and damages proof. The result reflected the seriousness of facial fractures, reconstructive treatment, and lasting visible disfigurement.
- Pedestrian right-of-way evidence framed liability clearly
- Medical and photographic proof showed permanent facial changes
- $700,000 settlement reached before opening statements
Past results do not guarantee future outcomes. Every case depends on its own facts, evidence, injuries, insurance coverage, and applicable law.
Case Overview
The Facts
- Accident Type: Pedestrian struck by motor vehicle
- Primary Injury: Right displaced zygoma fracture with significant displacement
- Secondary Injuries: Right alveoli and palatal fractures with malocclusion
- Orbital Damage: Right orbital and ethmoid fractures with enophthalmos
The Result
- Settlement: $700,000
- Timing: At jury selection
- Medical Bills: Fully compensated
- Pain & Suffering: Substantial damages for permanent disfigurement
Background
Our client was lawfully crossing a New York street when they were struck by a negligent motorist who failed to yield the right-of-way. The impact of the collision threw our client to the ground, causing catastrophic facial trauma that would permanently change their appearance and quality of life.
The injuries were severe and complex: a right displaced zygoma (cheekbone) fracture with significant displacement, fractures to the right alveoli (tooth socket) and palate causing malocclusion (misaligned bite), and right orbital (eye socket) and ethmoid (nasal) fractures resulting in enophthalmos (sunken eye appearance). These injuries required multiple reconstructive surgeries and left our client with permanent facial disfigurement and asymmetry.
Beyond the physical pain and extensive medical treatment, our client faced profound psychological trauma from the permanent changes to their appearance. The disfigurement affected their self-esteem, social interactions, professional life, and overall quality of life. The visible asymmetry of their face served as a constant reminder of the accident.
Understanding the Injuries
To understand the severity of our client's injuries and their permanent impact, it's important to understand each component:
Displaced Zygoma Fracture
The zygoma (cheekbone) provides the prominence and contour of the face. When fractured and displaced, it causes visible facial asymmetry and flattening of the cheek. Reconstructive surgery involves plates and screws to reposition the bone, but perfect symmetry is often impossible to achieve.
Alveoli and Palatal Fractures with Malocclusion
Fractures to the tooth sockets and palate (roof of the mouth) disrupted our client's bite alignment (malocclusion). This required dental surgery, possible tooth loss, and ongoing dental treatment. The malocclusion affects eating, speaking, and jaw function.
Orbital and Ethmoid Fractures with Enophthalmos
Fractures to the eye socket (orbit) and nasal bones (ethmoid) caused the eye to sink backward into the skull (enophthalmos), resulting in a visibly sunken appearance. This required reconstructive surgery to support the eye, but the cosmetic result is often imperfect, leaving permanent visible asymmetry between the two eyes.
Our Legal Strategy
1Establishing Liability
We obtained police reports, witness statements, and accident reconstruction analysis demonstrating that the defendant driver was 100% at fault for failing to yield to our client in the crosswalk. New York Vehicle and Traffic Law requires motorists to yield to pedestrians in crosswalks—a clear violation with undeniable liability.
2Comprehensive Medical Documentation
We worked with board-certified maxillofacial surgeons, plastic surgeons, and ophthalmologists to document the full extent of the facial injuries, the surgical interventions required, and the permanent disfigurement despite reconstructive efforts. Medical imaging (CT scans, X-rays) vividly showed the extent of the fractures and displacement.
3Photographic Evidence of Disfigurement
We presented before-and-after photographs showing our client's appearance before the accident compared to the permanent facial asymmetry and disfigurement afterward. These powerful images demonstrated to the jury how the accident permanently altered our client's appearance and identity.
4Psychological Impact Testimony
We retained psychologists who evaluated our client and testified to the profound psychological trauma of living with permanent facial disfigurement. The experts explained how the visible scarring and asymmetry led to depression, social withdrawal, and diminished quality of life—damages extending far beyond the physical injuries.
5Trial Preparation and Jury Selection Leverage
We prepared meticulously for trial with compelling opening statements, demonstrative exhibits, and a clear presentation of liability and damages. On the day of jury selection, the defense recognized the strength of our case and the likelihood of a substantial jury verdict. They agreed to settle for $700,000 to avoid the risk of an even larger verdict.
The Outcome
At jury selection—before opening statements—the defense agreed to a $700,000 settlement that fully compensated our client for medical expenses, lost wages, pain and suffering, and permanent disfigurement.
What This Settlement Demonstrated:
- Pedestrians have the right-of-way in crosswalks and deserve full compensation when injured
- Permanent disfigurement and scarring warrant substantial pain and suffering damages
- Psychological trauma from disfigurement is a compensable harm beyond physical injuries
- Trial readiness forces favorable settlements—defendants settled to avoid jury trial
Key Takeaways
- 1
Pedestrians Have the Right-of-Way: Drivers must yield to pedestrians in crosswalks. If you're struck by a vehicle while lawfully crossing, you have a strong liability case against the negligent driver.
- 2
Document Facial Injuries Immediately: Take photographs of injuries as they progress through treatment and healing. Visual evidence of disfigurement and asymmetry is powerful in settlement negotiations and at trial.
- 3
Disfigurement is Separately Compensable: Beyond medical bills and lost wages, you're entitled to substantial compensation for permanent scarring, disfigurement, and the psychological impact of altered appearance.
- 4
Trial Preparation Drives Settlements: This $700,000 settlement came at jury selection because we were fully prepared to try the case. Insurance companies pay more when they know you're ready to go to trial.
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