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In South Hackensack, New Jersey, a client was shopping in the aisles of a warehouse when several 35-pound boxes of lettuce fell on top of him. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the Superior Court of New Jersey, Bergen County, and proved that the warehouse was negligent in its failure to create a safe environment for its customers, securing the client a $865,000 settlement during trial.
In an adjacent aisle, a warehouse employee was using a forklift when he carelessly hit the boxes of lettuce, knocking them off their pallet. The boxes struck our client, causing him to lose consciousness upon impact. He was taken by ambulance to a hospital, where he is was diagnosed with multiple disc herniations and disc bulges in his cervical spine, and a compression fracture in his lumbar spine. He received lumbar epidural steroid injections.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature of our client’s injuries. Their reports helped show our client’s entitlement to financial compensation for his loss in income, medical bills, and pain and suffering. The firm also retained an economics expert to determine the financial loss suffered by our client. The expert found that, because our client wasn’t able to return to his work as a bartender, the accident reduced his total future earning capacity.
Partner Marc C. Saperstein also hired a retail management and safety expert to assess liability in this case. The expert determined that the warehouse employee who was operating the forklift did not follow his training guidelines because he failed to check that his load was stable and secure and that there were no customers in harm’s way.
Mid-way through the trial and with the help of the experts, Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein secured a $865,000 settlement for our client.
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:
Compression Fracture: A type of broken bone that occurs when the vertebrae in the spine collapse or become compressed. It typically happens due to conditions like osteoporosis or trauma, such as a fall or accident. Compression fractures can cause pain, limited mobility, and sometimes changes in posture, and they may require treatment such as rest, bracing, or in some cases, surgical intervention to stabilize the affected vertebrae.
Disc Bulge: A disc bulge happens when the cushion-like discs in the spine push outward beyond their normal position. It can cause pressure on nearby nerves, leading to pain, tingling, or weakness. Treatment for a disc bulge may include physical therapy, medication, or in severe cases, surgery.
Disc Herniation: A condition where the soft cushion-like disc between the bones of the spine gets damaged and bulges out. This can happen due to wear and tear or an injury. When the disc herniates, it can press on the nerves in the spine, causing pain, numbness, or weakness in the back, neck, or legs.
Epidural Steroid Injection: A medical procedure used to relieve pain and reduce inflammation in the spine. During the injection, a small amount of a corticosteroid medication is injected into the epidural space, which surrounds the spinal nerves. This medication can help reduce pain and inflammation in conditions such as herniated discs or spinal stenosis, providing temporary relief for individuals experiencing back or leg pain.
