The partners at Kamensky Cohen & Riechelson recently negotiated the settlement of a wrongful death case in Cook County, Illinois for $4.6 million. The case involved a collision at an intersection that was under construction.
In this case, the construction company created a dangerous condition in the intersection that substantially reduced the sight lines for drivers. Specifically, a driver making a left turn could not see an oncoming scooter, which resulted in the tragic accident that claimed the victim’s life.
When a person or organization fails to take reasonable care in ensuring the safety of a given premises, this falls under an area of law known as premises liability. In addition, when one party is responsible for creating a condition that causes a car accident, they may be held liable for damages in a personal injury lawsuit. Similar findings of negligence must be made in cases of wrongful death, such as this. When uncovering negligence, our investigators scan accident sites, track weather conditions, and accumulate any other relevant information to identify the party or parties responsible for creating a hazard that resulted in a fatal collision
In this particular case, our attorneys secured the opinions of a roadway construction engineer, as well as a human favors engineering expert, to show that the construction company created a dangerous condition in the intersection, specifically, one which prevented a left-turning driver from avoiding an oncoming scooter. We also retained a pain and suffering expert to show that the decedent had periods of conscious pain and suffering, as well as an accounting/economic expert to prove a substantial wage loss claim.
After a four-year period of litigation and two mediations, our team was able to secure a $4.6 million settlement on behalf of our clients. This will never rectify the loss of their loved one, but can serve as some closure that those responsible were forced to pay a price for their negligence.
If you or someone you love has suffered an injury or wrongful death and you suspect that another party may be responsible, contact our offices in Trenton or Pennington at (609) 528-2596 to receive a cost-free initial consultation. We also provide representation for injured victims and families in Pennsylvania. Please visit our Pennsylvania Website or contact our offices in Bucks County at 215-337-4915 for additional information.