$1,867,000 Verdict for a 37-Year-Old Man Injured in a T-Bone Collision in Buffalo, New York

On April 2, 2001, Scott Bienias, a 37-year-old man, and his wife Tracy were driving south on Seneca Street in Buffalo, New York when their vehicle collided with another vehicle that made a left-hand turn directly in front of them. Mr. Bienias sustained serious injuries as a result of the collision, which resulted in him missing a significant amount of time from his job as a printing press operator.

Buffalo, New York personal injury attorney Jed Dietrich, Esq. aggressively pursued Mr. Bienias’ case by suing David Bruckman, the driver of the vehicle that caused the collision. It was alleged that Mr. Bruckman made an unsafe turn in front of Mr. Bienias’ vehicle.

Mr. Bienias suffered injuries to his lower back as a result of the forceful collision. These injuries included an L4-5 disc herniation and a L5-S1 disc bulge with tissue tear. Eighteen months after the motor vehicle collision, Mr. Bienias continued to suffer significant pain and underwent intradiscal electrothermal therapy. During intradiscal electrothermal therapy, thermal energy was applied to Mr. Bienias’ L5-S1 disc with the use of a hollow needle containing a flexible tube and a heating element. The thermal energy applied to the disc attempted to alleviate pain by destroying nerve fibers, toughening disc tissue and sealing any small tears. Unfortunately, this procedure did not resolve Mr. Bienias’ injury.

Mr. Bienias ultimately required surgery in the form of a lumbar disc replacement. Despite the surgery and ten months of physical therapy treatment, Mr. Bienias continued to suffer from pain in his lower back.

As a result of Mr. Bienias’ significant pain, Mr. Bienias was unable to work for five weeks immediately following the collision. He was able to return to light-duty work for approximately one year, but again was unable to work for an additional year after his lower back surgery.

Although Mr. Bienias’ injuries were significant, the defense team argued that the injuries were not related to the accident. Instead, the defense argued, the injuries were a result of the degeneration of Mr. Bienias’ body through years of labor.

At trial, Jed Dietrich, Esq. tenaciously worked to rebut the defense’s assertions through the use of expert witness testimony from Dr. Andrew Cappuccino and Dr. Eugene Gosy to support the significance and causation of Mr. Bienias’ injuries. Jed Dietrich, Esq. successfully presented Mr. Bienias’ case and proved that Mr. Bienias’ injuries, medical treatment, need for surgery, and lost earnings were all related to the motor vehicle collision of April 2, 2001.

After two weeks at trial before the Honorable Kevin M. Dillon, the jury deliberated for three hours and rendered a verdict in favor of Mr. Bienias in the amount of $1,867,000 for his future medical expenses, past and future lost earning capacity, and past and future pain and suffering.

Mr. Bienias’ actual award totaled $1,100,000 as a result of a high/low agreement entered into prior to trial. A high/low agreement is a legal instrument often used to protect plaintiffs and defendants from outlier jury awards at trial by establishing that the outcome of the case will be no less than a certain dollar amount and no more than a certain dollar amount. In this case, the plaintiff and defendant agreed to a high/low of $1,100,000/$300,000.

Past results do not guarantee future outcomes.

Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!