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In Union City, New Jersey, a man was injured after tripping, slipping, and falling on of an uneven, icy sidewalk on Palisade Ave. He was walking on the sidewalk when his right foot was caught on an unlevel area. When he tried to regain his balance, his left foot slipped on a patch of black ice, causing him to slip forward and land on his knees and elbow. Davis, Saperstein and Salomon, P.C. Partner Paul A. Garfield filed suit in The Superior Court of New Jersey, Bergen County, proving that sidewalk’s property owners were negligent in failing to maintain a safe sidewalk, and won the client a $600,000 settlement.
When his severe knee and elbow pain continued the next few days, the client went to see an orthopedic specialist at Beth Israel Medical Center in New York, New York. Multiple MRIs diagnosed him with a with a triceps tendon rupture in his arm, as well as a complete ACL tear, an inferior poplieomeniscal fascicle tear, a small joint effusion, a medial tibial plateau stress fracture, and a subchondral impaction fracture in his legs. He underwent a right elbow open triceps repair to treat his arm, and a right knee arthroscopy and anterior cruciate ligament repair for his injured knee. The client also completed courses of physical therapy to improve his condition and decrease his pain.
Davis, Saperstein and Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature of the client’s injuries. To calculate the client’s past and future medical costs, the firm hired a medical billing expert and consultant. The experts found that the client’s medical bills and future cost projection went over $100,000. Paul A. Garfield also retained an engineering expert to prove the liable party reponsible for the client’s injuries. The expert referred to weather reports and The Property Maintenance Code of Union City and found that the Defendants violated multiple industry standards of care by allowing the presence of inconsistent walking surfaces and the accumulation of black ice. In his deposition, the client also revealed that there were numerous patches of black ice in the poorly lit sidewalk, showing the high level of the Defendant’s hazardous negligence.
The experts’ reports helped Davis, Saperstein and Salomon, P.C. Partner Paul A. Garfield win the client a settlement for his medical bills, and pain and suffering.
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:
ACL Tear: An ACL tear is a common sports injury that happens when the anterior cruciate ligament, which is an important ligament in the knee, gets stretched or torn, causing pain, swelling, and instability in the knee joint.
Anterior Cruciate Ligament Repair: This is a surgical procedure to fix a torn ACL. During the surgery, the damaged ligament is replaced with a graft to restore stability and function to the knee joint.
Inferior Popliteomeniscal Fascicle Tear: This term describes a tear in a part of the meniscus, which is a C-shaped piece of cartilage in the knee joint. An inferior popliteomeniscal fascicle tear specifically refers to a tear in the lower part of the meniscus, often causing knee pain, swelling, and difficulty with knee movement.
Medial Tibial Plateau Stress Fracture: A medial tibial plateau stress fracture is a type of fracture that occurs in the upper surface of the tibia (shinbone) near the knee joint. It typically happens due to overuse or repetitive stress on the bone, leading to pain, tenderness, and difficulty with weight-bearing activities.
Right Elbow Open Triceps Repair: This refers to a surgical procedure to repair a ruptured triceps tendon in the right elbow. The tendon is reattached to the bone using sutures, allowing for proper healing and restoration of elbow function.
Right Knee Arthroscopy: Right knee arthroscopy is a minimally invasive surgical procedure performed on the knee joint using a small camera called an arthroscope. It is used for diagnosing and treating various knee conditions, such as removing loose fragments, repairing torn ligaments, and smoothing damaged cartilage.
Small Joint Effusion: A small joint effusion refers to the accumulation of fluid in a joint, which can happen due to injury or inflammation. It may cause swelling, pain, and limited movement in the affected joint.
Subchondral Impaction fracture: A subchondral impaction fracture is a type of fracture that occurs just beneath the cartilage surface in a joint. It can happen due to a sudden impact or trauma and may result in pain, swelling, and joint instability.
