Driver Injured in Rear-End Collision – $495,000 Settlement

In Warren, New Jersey, a driver was injured in a rear-end collision at the intersection of Stirling Road & Mountain Ave. The man was stopped at a stoplight when another car attempted to cross the yellow line to enter the left lane and forcefully struck the rear of his car. Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield filed suit in the Superior Court of New Jersey, Middlesex County, proving that the rear-ending driver was negligent in failing to safely operate their vehicle, and won the client a $495,000 settlement.

The client was treated with a chiropractor, orthopedic surgeon, and other doctors for his injuries. Multiple MRI scans diagnosed him with disc herniations, disc bulges, disc displacement, superior glenoid labrum lesion, shoulder dislocation, vertigo, and tinnitus in both ears. For his back injury, the client underwent a laminectomy, facetomy, foraminotomy, and discectomy. The client also completed courses of physical therapy to improve his condition.

Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature of the client’s injuries. To prove the proximate cause of the client’s injuries, Davis, Saperstein & Salomon, P.C. retained a biomechanical engineering expert, who opined that the force exerted on the client’s spine during the accident was enough to cause injury. Paul A. Garfield hired a vocational expert and an economist to evaluate the client’s future employability and financial losses. The experts determined that the client’s injuries limited his ability to work as a restaurant/hotel manager, resulting in a loss in future earning capacity of several hundred thousand dollars. To assess the client’s future care costs, the firm retained a cost projection analyst, who calculated that the client’s future medical costs would amount to several hundred thousand dollars.

The experts’ reports helped Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield win the client a settlement for his loss in income, medical expenses, 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:

Disc bulges: When a spinal disc protrudes slightly and puts pressure on nearby structures, causing discomfort or pain.

Disc displacement: When a spinal disc moves out of its normal position, potentially leading to nerve compression and related symptoms.

Disc herniations: When a spinal disc’s inner material pushes through its outer layer, often causing pain or numbness due to nerve compression.

Discectomy: A surgery to remove part or all of a damaged spinal disc to alleviate pressure on nerves and relieve pain.

Facetomy: A surgical procedure in which part of a facet joint, which connects two vertebrae, is removed to relieve pressure on nerves.

Foraminotomy: A surgical procedure that widens the openings (foramina) in the spinal vertebrae to relieve pressure on compressed nerves.

Laminectomy: A surgical procedure to remove part of the back part of a vertebra (lamina) to reduce pressure on the spinal cord or nerves.

Shoulder dislocation: When the upper arm bone (humerus) moves out of its normal position in the shoulder joint, usually caused by a strong force or injury.

Superior glenoid labrum lesion: A tear or injury in the labrum, a ring of cartilage in the shoulder joint, particularly affecting the upper part (superior) of the glenoid cavity.

Tinnitus: A perception of noise or ringing in the ears, which may be continuous or intermittent.

Vertigo: A sensation of dizziness or spinning, often due to inner ear issues or problems with the balance system.