A man was severely injured as a passenger on a bus after the bus rear-ended a car on I-78 in Watchung, New Jersey. Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis filed suit in the Superior Court of New Jersey, Essex County, proved that the bus driver was negligent by failing to pay attention to the road, and successfully obtained the client a $1.1 million settlement.
The bus passenger was sitting in the 9th row on the left side of the bus when the collision occurred. The impact caused the bus to hit the highway railing and go off of the road onto the grassy area next to the roadway. Several days later, he went to the hospital complaining of neck pain and was diagnosed with disc herniations to his cervical spine, a disc herniation in his lumbar spine, a meniscus tear in his knee, and a partial rotator cuff tear in his shoulder. He underwent several surgeries, including anterior cervical discectomy and fusion (ACDF), lumbar discectomy and fusion, knee arthroscopy with meniscus repair, and shoulder arthroscopy. He also underwent several trigger point injections and months of physical therapy.
Partner Samuel L. Davis of Davis, Saperstein & Salomon, P.C. hired medical experts to examine the client and author narrative reports describing the man’s injuries and their permanent nature. This case was complicated by the fact that the client had prior injuries to his spine, however the experts found that this bus accident exacerbated his prior injuries and caused new injuries.
With these experts’ help, Partner Samuel L. Davis proved the client was permanently injured, and won him a $1.1 million settlement for his pain, injuries, 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
Anterior cervical discectomy and fusion (ACDF): A surgical procedure performed on the neck to treat certain conditions, such as herniated discs or spinal stenosis. During ACDF, a surgeon makes a small incision in the front of the neck and removes the damaged disc or bone spurs that may be pressing on the spinal nerves. The empty space left after the removal is filled with a small piece of bone or a metal implant to promote fusion between adjacent vertebrae and provide stability to the spine.
Arthroscopic surgery: A surgical procedure used to diagnose and treat joint problems, involving making a small incision to allow an arthroscope to access the problem.
Cervical spine: The first seven vertebrae in the spine.
Disc herniation: Occurs when the exterior of a disc cracks and its nucleus pushes into the spinal canal and irritates surrounding nerves.
Lumbar discectomy and fusion: The surgical removal of a lumbar disc followed by the fusion of two or more vertebras to stabilize the spine.
Lumbar spine: The lower back; consists of five bones.
Meniscus: The meniscus is a crescent-shaped piece of fibrous cartilage that helps protect the knee from shock protection. It also cushions the tibia and femur from each other.
Rotator cuff tear: An injury to the shoulder muscles and tendons that work to stabilize the joint and enable arm movement.
Trigger point injection: A medical procedure in which a small needle is used to inject medication into a specific trigger point, which is a tight knot or band of muscle that can cause pain and discomfort. The injection aims to relieve pain, relax the muscle, and promote healing. It is commonly used to treat muscle spasms, tension headaches, and other conditions related to muscle tightness or overuse.
