Retired Hairdresser Files Lawsuit After Fender Bender
On June 24, 2014, Nelly Lara, a 67-year-old retired hairdresser, was involved in a serious car accident. This occurred while she was stopped at a red light at the intersection of 51st Avenue and Corona Avenue in Queens, New York. Nelly's vehicle was stationary at the traffic signal when another vehicle being driven by Marco Arevalo struck her car from behind. This accident resulted in an injured knee necessitating complex surgeries, torn tendons, torn rotator cuffs impeding shoulder movements, trauma in the shoulder socket and discomfort in joints leading to another surgical procedure. Nelly's injuries persisted, necessitating medical treatment that lasted for two years following the accident. On October 7, 2016, she needed to undergo an additional surgery as a result of complications resulting from a herniated disc in her neck. The severity of her condition necessitated the removal of two damaged discs and corrective surgery during this procedure. Nelly filed a lawsuit for damages in the Queens County Supreme Court.
The Lawsuit
In the lawsuit, Nelly contended that she stopped at an intersection to turn left when she was struck in the rear by Marco Arevalo’s vehicle. Nelly argued that Mr. Arevalo was negligent in ignoring the stop sign and her left indicator and therefore crashed into the rear end of her vehicle. Defendant, Mr. Arevalo contended that Nelly was driving erratically but could not produce any material evidence or testimonies to support his claim. The Court held Mr. Arevalo completely liable for the accident and issued judgment as to full liability against him. The matter then proceeded to a trial on damages only. Nelly was awarded $50,000 in pain and suffering damages by the jury, with $10,000 allocated for the past four years and $40,000 allocated for the future fifteen years. She was also awarded $15,000 for future medical expenses. Unsatisfied by the damages awarded, Nelly filed an appeal claiming that the award was inadequate and should be increased to $3,000,000.
The Appeal
In Lara v. Arevalo Mr. Arevalo contended that the accident was a minor fender-bender with minimal vehicle damage, and that it could not have been the cause of any of the injuries that were claimed by Nelly. Additionally, the Defendant’s medical expert maintained that any injuries that Nelly sustained were the consequence of pre-existing conditions, including arthritis and degeneration. They also observed that the physician who was treating Nelly for her neck pain discharged her after nine months, stating that the pain had "disappeared." Nelly did not pursue any additional neck treatment for over a year.
Contrary to Arevalo’s claims, Nelly’s physicians testified that it was the accident that caused all the injuries. According to them, Nelly had no substantive prior symptoms. The accident resulted in a permanent range of motion losses, pain, and partial disabilities in daily activities. Nelly contended that she would require extensive medical treatment in the future, as evidenced by a life care plan that was attested to by her expert.
With respect to the pain and suffering damages for the past and future, the Appellate Court supported Nelly’s arguments and testimonies and held that the awarded damages amounting to $50,000 were inadequate keeping into consideration the evidence brought on record. Based on this, the Appellate Court revised the pain and suffering damages to $125,000 ($50,000 past and $75,000 future). In addition, the judges upheld the originally awarded $15,000 to cover future medical expenses.
Sternberg Injury Law Firm
Established in 2016, Sternberg Injury Law Firm focuses on handling personal injury cases across New York, serving areas such as Cadman Plaza and Kew Gardens. We provide complimentary consultations where our skilled attorneys will carefully assess your case to understand how we can help. Should you choose to work with us, we are committed to obtaining the maximum compensation for you, allowing you to prioritize your healing. Reach out to us today via phone, email, or our website to begin the process.