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In 2010, in Fair Haven, New Jersey, a manicurist born in Vietnam was crossing River Road south in front of Acme to go to the post office when she was struck by a car backing out of a shopping center driveway. Davis, Saperstein & Salomon, P.C. Partner Garry R. Salomon filed suit in the Superior Court of New Jersey, Monmouth County, proving that the other driver had been negligent in his failure to drive attentively, and won the woman’s family a $500,000 settlement in this wrongful death case.
The woman was taken by ambulance to Riverview Medical Center in Red Bank, New Jersey, and was later airlifted to Thomas Jefferson University Hospital in Philadelphia, Pennsylvania. The car accident injured our client’s head, causing her to suffer subarachnoid and parenchymal hemorrhages and fractures to her left and right frontal lobe bones. She underwent an emergency bilateral craniotomy, but her prognosis remained poor and she sadly passed away.
The Defendant defended the case by alleging that the injured woman was negligent and guilty of comparative negligence contributing to her injury.
Davis, Saperstein & Salomon, P.C. hired a medical doctor to author a narrative report describing the woman’s pain, suffering, and pre-impact terror moments before and during the incident. Partner Garry R. Salomon also retained an engineering expert, who completed a reconstruction analysis of the accident to determine liability in this case. The expert found that the defendant was liable, and his contested version of the incident was inaccurate. The expert confirmed that the client had right-of-way and the driver was negligent and should have seen her crossing behind him and yielded to her. With the help of these experts and their reports, Partner Garry R. Salomon secured our client’s family a $500,000 settlement for their immense pain and suffering which was paid by the defendant’s insurance carrier, New Jersey Manufactures.
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
Bilateral craniotomy: A bilateral craniotomy is a surgical procedure where openings are made on both sides of the skull to access the brain. It’s often performed to treat conditions like brain tumors or epilepsy. This procedure allows surgeons to reach different areas of the brain from both sides.
Parenchymal hemorrhage: A parenchymal hemorrhage is bleeding that occurs within the actual tissue of an organ, most commonly referring to the brain. It can result from trauma, blood vessel abnormalities, or other medical conditions, and can lead to neurological symptoms. Treatment depends on the cause and severity of the hemorrhage.
Subarachnoid hemorrhage: A subarachnoid hemorrhage is bleeding that occurs in the space between the brain and the thin membrane covering it (subarachnoid space). It’s often caused by a ruptured brain aneurysm and can result in sudden and severe headaches, along with other neurological symptoms. Immediate medical attention is critical to prevent complications.
