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Our client, a passenger in a 2013 Toyota Camry, was driving down the middle lane of the Cross Bronx Expressway in the Bronx, New York, when a rear-end collision occurred behind her. The force of the initial collision forced the car to rear-end our client’s Toyota. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein sued the two drivers in the Bronx County Supreme Court and proved that the two drivers involved in the first accident had been negligent in failing to drive carefully, securing our client a $400,000 settlement.
The woman’s friend drove her to the Hackensack University Medical Center in Hackensack, New Jersey. Our client was still recovering from a prior unrelated accident. The rear-end collision aggravated her pre-existing injuries to her neck, back, shoulder, and jaw. The state of our client’s bulging and herniated discs worsened. Her shoulder suffered a labral tear, and both of her knees suffered contusion sprains. For her shoulder, she underwent an arthroscopy, which involved debridement, decompression, and acromioplasty. For the client’s right knee, she underwent Hyalgan injections and months of physical therapy.
Cases with pre-existing injuries are more difficult for personal injury attorneys, who have to prove that the accident either worsened the client’s condition or created new injuries. Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports, which helped Marc C. Saperstein prove that our client’s condition worsened as a direct result of the accident.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary
Arthroscopy: A minimally invasive surgical procedure used to visualize, diagnose, and treat problems within a joint. It involves inserting a thin, flexible tube called an arthroscope through small incisions in the skin near the joint. The arthroscope contains a camera that allows the surgeon to view the joint on a monitor and perform necessary repairs or treatments, often resulting in faster recovery and less scarring compared to traditional open surgery.
Contusion sprain: An injury that involves both a contusion (bruise) and a sprain. It typically occurs when a joint or muscle is forcefully impacted or twisted, resulting in damage to both the soft tissues and the surrounding ligaments. This injury can cause pain, swelling, and limited mobility in the affected area, and treatment often involves rest, ice, compression, and elevation (RICE), along with physical therapy exercises to promote healing and restore function.
Disc bulge: A disc bulge happens when the cushion-like discs in the spine push outward beyond their normal position. It can cause pressure on nearby nerves, leading to pain, tingling, or weakness. Treatment for a disc bulge may include physical therapy, medication, or in severe cases, surgery.
Disc herniation: A condition where the soft cushion-like disc between the bones of the spine gets damaged and bulges out. This can happen due to wear and tear or an injury. When the disc herniates, it can press on the nerves in the spine, causing pain, numbness, or weakness in the back, neck, or legs.
Hyalgan injection: A medical procedure where a gel-like substance called Hyalgan is injected into a joint, usually the knee, to alleviate pain and improve joint function. Hyalgan is a form of hyaluronic acid, a natural substance found in the body that helps lubricate and cushion the joints. The injection is typically administered over a series of sessions and provides temporary relief for individuals suffering from conditions like osteoarthritis.
Labral tear: An injury that occurs in the labrum, a piece of cartilage that surrounds and stabilizes certain joints, like the shoulder or hip. It can happen due to trauma, repetitive motions, or degenerative changes. Symptoms of a labral tear may include pain, weakness, and a catching or locking sensation in the joint, and treatment options can range from conservative measures such as rest and physical therapy to surgical repair or reconstruction of the damaged labrum.
