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A pedestrian was struck by an oncoming car while walking across Washington Avenue on the crosswalk in Westwood, New Jersey. The impact severely injured her, and briefly left her unconscious. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Bergen County, and proved the driver’s negligence in failing to yield to pedestrians and safely operate the car, resulting in a $497,500 settlement for the client.
The driver was charged with failure to yield the right of way to a pedestrian and driver inattention. The injured woman was taken to Hackensack University Medical Center in Hackensack, New Jersey, where she was diagnosed with a left orbital blowout fracture, comminuted nasal bone fracture, septum fracture, olecranon open fracture and laceration, subarachnoid and subdural hematoma and effusion, as well as fractures of the tibia, fibula, plafond, and lateral malleolus. To treat her injuries, she underwent open reduction and internal fixation surgery with plates and screws, irrigation, debridement, artificial skin graft placement, and external fixation surgery. Furthermore, the client completed courses of physical therapy to improve her condition.
Davis, Saperstein & Salomon, P.C. retained medical experts to author narrative reports to prove the permanent nature of the client’s injuries. The experts’ reports also revealed that the client may require more surgeries for future treatment. The experts’ reports helped Partner Steven Benvenisti win the client a settlement for her 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:
Artificial skin graft placement: A surgical procedure where a synthetic or lab-grown skin substitute is applied to a wound to aid in the healing process and promote tissue regeneration.
Comminuted nasal bone fracture: A break in the bones of the nose where the bone is shattered or broken into multiple pieces, usually due to significant force or trauma.
Debridement: The surgical removal of dead, damaged, or infected tissue from a wound to promote healing and prevent infection.
Effusion: The buildup of fluid in body cavities or tissues, such as the joints or lungs, which can cause swelling and discomfort.
External fixation surgery: A surgical technique where metal pins or screws are placed into the bone and attached to an external frame outside the body, providing stability and support during the healing of fractures or bone deformities.
Fibula: The smaller of the two bones in the lower leg, running parallel to the tibia and providing support and stability to the leg.
Fracture: A break in a bone, which can range from small cracks to complete breaks, often caused by falls, accidents, or trauma.
Irrigation: A method of cleaning and flushing a wound or surgical site with a sterile solution to remove debris and reduce the risk of infection.
Laceration: A deep cut or tear in the skin or other body tissues, often caused by sharp objects or trauma.
Left orbital blowout fracture: A break in the bones surrounding the eye (orbital bones) on the left side of the face, typically resulting from a strong impact or blow.
Lateral malleolus: The bony prominence on the outside of the ankle, formed by the fibula, is often involved in ankle fractures.
Olecranon open fracture: A severe break in the bony tip of the elbow (olecranon) where the bone breaks through the skin, requiring urgent medical attention.
Open reduction and internal fixation surgery with plates and screws: A surgical procedure where broken bones are realigned through an open incision and then stabilized using metal plates and screws for proper healing.
Plafond: The bony part of the tibia that forms the lower surface of the ankle joint, also known as the tibial plafond.
Septum fracture: A break in the cartilage and bone that separates the nostrils (nasal septum) within the nose, often caused by injury or accidents.
Subarachnoid hematoma: A collection of blood between the brain and the thin tissue that covers it (subarachnoid space), usually caused by head trauma and potentially leading to serious brain complications.
Subdural hematoma: A blood clot that forms between the brain and its outer covering (dura mater) due to head injuries or accidents.
Tibia: The shinbone, the larger and stronger of the two bones in the lower leg, connecting the knee to the ankle.
