MIAMI, Florida — DiBiaggio Law is pleased to announce that it has secured a confidential six-figure settlement on behalf of a 71-year-old Miami-Dade County retiree and his wife following a catastrophic motor vehicle collision caused by a commercial delivery truck that failed to yield the right of way at a posted stop sign.
The collision, which occurred in Miami-Dade County in April 2024, totaled the plaintiff’s vehicle and left him with permanent, life-altering injuries. According to the Florida Traffic Crash Report, the commercial driver was cited for running a stop sign and violating the right of way. Certified cellular records obtained through subpoena further indicated that the driver placed an outgoing phone call within seconds of impact, raising additional statutory concerns under Florida law.
Emergency responders transported the plaintiff from the scene to a Level I trauma center, where he was treated for a scalp laceration, loss of consciousness, and a concussion. Subsequent diagnostic imaging revealed multilevel cervical disc herniations, acute lumbar annular tears with ligamentous injury, a full-thickness medial meniscal root avulsion and partial ACL tear of the right knee, and a rotator cuff tear with a SLAP-type labral tear of the right shoulder. The plaintiff required arthroscopic knee surgery and continues to undergo pain management, injection therapy, and physical therapy more than a year after the crash. Treating specialists have indicated that a total knee replacement is likely within the next five to ten years.
The defense retained an orthopedic compulsory medical examiner who opined that the plaintiff’s injuries were entirely degenerative and pre-existing. DiBiaggio Law rebutted that opinion with objective radiologic evidence of acute trauma, including ligamentous edema, annular fissures, and a meniscal root avulsion, together with the unambiguous crash photographs showing airbag deployment, a crushed front end, and windshield displacement on a totaled passenger vehicle.
The settlement also resolves the loss-of-consortium claim brought by the plaintiff’s wife, who has assumed caregiving responsibilities and whose adult children now assist weekly with activities of daily living in the couple’s home.
“This was a case about accountability,” said Deirdre DiBiaggio, Esq., lead counsel for the plaintiffs. “Our client was a healthy, independent retiree one moment and a cane-dependent patient the next, through no fault of his own. We are gratified that the resolution reflects the seriousness of his injuries and the lasting impact this collision has had on him and his wife. Commercial operators who put distracted or careless drivers behind the wheel of heavy vehicles must answer for the harm they cause.”
The case was set for a three-week jury trial in the Eleventh Judicial Circuit in and for Miami-Dade County, with a calendar call scheduled for early January 2026. Resolution was reached following court-ordered mediation. Plaintiffs were represented by Deirdre DiBiaggio and Vincent Tubiana of DiBiaggio Law.
Pursuant to the confidential settlement agreement, the settlement amount, the identities of the parties, and the name of the commercial insurer remain undisclosed.
About DiBiaggio Law
As a seasoned and skilled negotiator with over 30 years of practicing law, Deirdre DiBiaggio takes a personal interest in her clients, leveraging her excellent relationships with judges and other attorneys to pursue the settlements or resolutions they need. Since 1995, she has handled Social Security disability cases and represented injured and disabled persons in workers’ compensation and personal injury lawsuits. Her bilingual Spanish firm also serves the needs of her Spanish-speaking clients.
DiBiaggio is a past member of the Dade Human Rights Foundation and a past member of the Unlicensed Practice of Law Committee of the Florida Bar Association and the National Organization of Social Security Claimants’ Representatives (NOSSCR). DiBiaggio Law is ready to help with your personal injury case, workers’ compensation claim, or Social Security disability claim.
Visit DiBiaggioLaw.com for more information.
