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In Melville, New York, our client fell 30 ft. while repairing a leak on the roof of a housing complex. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the Supreme Court of the State of New York, alleged that the housing complex was negligent in failing to provide a safe working condition, and secured our client a $3,110,000 settlement.
Our client suffered injuries to his back, diagnosed as cervical and lumbar disc herniations, disc bulges, and annular tears. He also injured his left knee and ankle, which was diagnosed with multiple fractures and a left lateral meniscus tear. He underwent multiple steroid injections and an IDET procedure for his spinal injuries. For his ankle and knee injuries, he endured a series of epidural injections and nerve blocks, total knee replacement surgery, as well as tendon repair surgery. Furthermore, the client completed courses of physical therapy to improve his condition.
Davis, Saperstein & Salomon, P.C. retained medical experts to author narratives and prove the permanent nature of our client’s injuries. To assess financial losses, Marc C. Saperstein retained a vocational economics expert who found that the client’s injuries left him incapable to continue his work as a contractor, causing him to suffer a loss in future earning capacity.
Our engineering expert opined that the housing complex violated multiple labor safety laws, directly causing our client’s accident. These violations include not providing a proper elevation lift for our client, so he would not have had to climb the steep roof, and not providing any roof brackets or secured lifelines for our client to prevent any falls. The experts’ reports helped Partner Marc Saperstein in his fight to secure the client compensation for his injuries, 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:
Annular Tear: An annular tear is a tear of something that appears ring shaped. It is usually referring to when the soft tissue disc that sits between a person’s bones in their spine is injured, causing the outer ring of the disc to tear. The outer ring is known as the annulus. A tear to the annulus, or an annular tear, causes the inside of the disc to leak. This can be called a herniated disc, or a ruptured disc, or even a slipped disc—they are all the same.
Disc Bulge: Bulging discs are a condition in which the inner portion of a spinal disc remains contained in the outer portion of a spinal disc. The outer shell often becomes weaker, and the disc begins to bulge to one side of the spinal canal or flatten. Many experience bulging discs after an injury.
Epidural Steroid Injections: Epidural steroid injections are a minimally invasive procedure that can relieve neck, arm, aback and leg pain; delivers steroids via a needle. The steroid calms down the irritated nerve that is causing the pain and swelling. Relief from the injections typically last for three months or more.
Herniated Discs: Herniation describes an abnormality of the intervertebral disc that is also known as a “slipped,” “ruptured,” or “torn” disc. This process occurs when the inner core (nucleus pulposus) of the intervertebral disc bulges out through the outer layer of ligaments that surround the disc (annulus fibrosis). This tear in the annulus fibrosis may cause pain in the back at the point of herniation. If the protruding disc presses on a spinal nerve, the pain may spread to the area of the body that is served by that nerve. Between each vertebra in the spine are a pair of spinal nerves, which branch off from the spinal cord to a specific area in the body. Any part of the skin that can experience hot and cold, pain or touch refers that sensation to the brain through one of these nerves. In turn, pressure on a spinal nerve from a herniated disc may cause pain in the part of the body that is served by that nerve.
Intradiscal Electrothermoplasty (IDET): Surgical procedure to treat discogenic chronic lower back pain.
Knee Replacement: Surgery that replaces parts of injured or worn out knee joints. Bones or cartilage that are damaged are replace with parts made of metal or plastic. The surgery allows for the easing of knee pain and overall improved functionality.
Lateral meniscus: Crescent-shaped cartilage connecting the knee to the tibia (shin bone).
Nerve Blocks: Procedures, typically injections, that block pain from specific nerves. They are often used for general pain relief.
Tendon Repair Surgery: Surgical treatment for a torn or damaged tendon.
