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A middle-aged man was rear-ended by another vehicle while driving to the Home Depot in Riverdale, New Jersey. The man hired Davis, Saperstein & Salomon, P.C. partner Garry R. Salomon to represent him in his personal injury lawsuit. Attorneys Adam B. Lederman and Garry R. Salomon proved that the other driver had been reckless, careless, and negligent, resulting in our client winning a $515,000 settlement.
The firm’s client was driving northbound on Route 23 when he felt the collision’s impact. His wife took him to the Chilton Medical Center in Pequannock, New Jersey. The collision aggravated previous disc bulges: one bulge worsened into a disc herniation, and a second disc herniation presented at the C6-C7 level. The man first tried conservative treatment, which included physical therapy and cervical epidural steroid injections, before undergoing a C5-C6 and C6-C7 anterior cervical discectomy and fusion. He later required revision surgery to fix loose plating and screws.
Our client’s pre-existing injuries to his lumbar and cervical spine affected this case’s outcome, because it is difficult to prove that his new injuries were directly caused by the rear-end collision. Partners Adam B. Lederman and Garry R. Salomon sued the other driver in the Superior Court of New Jersey and ensured that our client receive compensation for his medical bills, financial losses, and pain and suffering.
Most insurance companies would like the public to believe that if a claimant had prior injuries such as pre-existing degeneration or arthritis that they are not entitled to bring a lawsuit. On the contrary, Davis, Saperstein & Salomon, PC attorneys recognize that often a client was able to manage their pre-accident level of pain and discomfort, but after a collision their symptoms became far worse. The law states that if a person had pre-existing injuries or a pre-existing medical condition that was asymptomatic, then they are entitled to the full measure of their damages. However, if they were symptomatic at the time of the accident then as their attorneys, we have the burden of proof to allocate the difference between their pre-existing conditions and those caused by the new collision.
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
Bulging disc: An extension of disc tissue past the edge of the vertebrae.
Disc herniation: Occurs when the exterior of a disc cracks and its nucleus pushes into the spinal canal and irritates surrounding nerves.
Epidural injection: An injection into the epidural space by the spinal cord, intended to reduce nerve inflammation.
Anterior cervical discectomy and fusion: A surgical procedure that removes the disc and the disc material pressing on the spine, and then fuses the spine together with a graft.
