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A 68-year-old woman was injured after tripping and falling on raised floor molding in a restaurant on Flushing Ave, Brooklyn, NY. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the New York Supreme Court, County of Kings, proved that the restaurant was negligent in failing to maintain their premises safely, and won the client a $575,000 settlement.
The injured woman was taken by ambulance to Woodhull Hospital in Brooklyn, New York, and was diagnosed with grade 1 spondylolisthesis, disc herniation, as well as facet and ligamentous hypertrophy. For treatment, she underwent lumbar fusion and decompression surgery, and received an epidural steroid injection for her pain. The client also completed several courses of physical therapy to improve her pain.
Davis, Saperstein & Salomon hired a medical expert to author a narrative report proving the permanent nature of the client’s injuries. To prove the party responsible for the client’s injuries, Partner Marc C. Saperstein retained a liability expert, who found that the restaurant was negligent for failing to properly install and maintain the flooring to avoid hazards. The experts’ reports helped Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein win the client compensation for her pain & 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 Herniation: When a disc (cushion) between the bones in the spine bulges out of place.
Epidural Steroid Injection: A shot of medicine into the spine to reduce pain and swelling.
Facet and Ligamentous Hypertrophy: Thickening of the joints and ligaments in the spine.
Grade 1 Spondylolisthesis: A condition where one vertebra in the spine slips slightly over the one below it.
Lumbar Fusion and Decompression Surgery: A surgery to join two or more bones in the lower spine together and relieve pressure on the nerves.
Flushing Ave, Brooklyn, New York
