Jackie’s Case: The Story Behind A Million Dollar Recovery
It was a parent’s worst nightmare. A young child caught in a freak auto collision during one of the few times of the day that he was left unsupervised.Jackie K. was just ten years old, walking with his backpack on his way to school when a car jumped the curb and ran him over. Thankfully Jackie’s injuries did not prove fatal, but they did leave him without a left foot. The incident robbed Jackie of the ability to play sports or even to walk normally for the rest of his life.Was there any way this collision could have been avoided? Only if Jian Huang, the driver of the vehicle that struck Jackie, hadn’t decided to go out drinking the night before and drive home that morning still intoxicated. Jian had treated himself to quite a night, drinking at a well-known Brooklyn karaoke bar with an escort until midnight, and then moving to an illegal after hours club during the morning hours.Jian was convicted and sentenced to a prison term as a result of his actions, but what about Jackie and his family? Jian’s punishment wouldn’t help pay Jackie’s hospital bills, and it certainly wouldn’t compensate him for the pain he endured or the mobility that he would never regain.When Jackie’s family came to my office seeking justice for the boy’s injuries, I had the difficult task of identifying which of the responsible parties, if any, had the means to compensate Jackie appropriately.While Jian was the obvious choice to seek damages from, his insurance policy was extremely limited, and would do little to help Jackie’s family pay his bills. Likewise the illegal after hours club that Jian visited that night had no insurance policy, and it disbanded immediately following Jackie’s tragedy.The karaoke bar that served Jian until midnight had a million dollar insurance policy, which would go a long way towards helping Jackie’s family. However there was no way I could prove that the drinks they served Jian early in the night could have affected his driving nearly eight hours later. It seemed as though Jackie and his family were going to have to settle for the small amount of money Jian’s insurance policy could offer.Jackie’s odds were looking bleak until my private investigator managed to track down Jian’s escort for the night. Though the escort was nervous about getting involved in a legal case, her heart went out for Jackie and the devastation this incident had caused him and his family. She bravely agreed to provide us with a written statement confirming that Jian had not left the karaoke bar at midnight as the bar originally claimed, but rather that he had stayed there to drink until early in the morning.Her testimony was essential in proving that Jian’s intoxication that morning was a direct result of the many drinks he was served at the karaoke bar the night before. With this new information we were able to secure a million dollar recovery for Jackie and his family.Jackie is now going into his sophomore year at a local NYC College. He wears a prosthetic so sophisticated that you can barely notice his limp. What began as a tragedy has become only a temporary hurdle testing the resolve of a strong young man and his ever-supportive parents. Though Jackie will never get his foot back, his million dollar recovery will ensure that his medical needs are taken care for the rest of his life, and that he will have additional money to invest in his future.
Related Practice Areas
Image note: photographs accompanying our blog articles are illustrative and digitally created. They do not depict actual clients, actual attorneys of this firm, or actual events.
Read more
Beyond the App: Unmasking Uber’s Strategy to Evade Passenger Liability
When a passenger steps into an Uber on the streets of New York, there is an implicit expectation that the multi-billion-dollar ride-hailing giant stands behind the safety of that journey. Yet, in courtrooms and arbitration proceedings across the country, Uber’s primary defense line remains remarkably consistent: we are merely a technology platform, not a transportation […]
When the Safety Net Fails: What Michael Wagner’s Story Teaches NYC Construction Workers About Labor Law 240(1) & Injury Rights
In the immediate aftermath of a severe construction site accident, most injured workers focus on one thing: getting back on their feet. They assume that if they play by the rules, report the incident, and file their claims, the safety net will be there to protect them and their families. Unfortunately, as millions of workers […]
Can New York City Be Liable for a Dangerous Street or Intersection?
When a pedestrian, bicyclist or motorist is seriously injured in a New York City traffic accident, the investigation should not always end with the drivers involved. In some cases, the design, operation or maintenance of the roadway itself may have contributed to the crash. New York City has a duty to maintain its streets in […]