Largest Reported NJ Personal Injury Settlement during the Court’s 2022-2023 term

Man Injured After Being Rear Ended by Box Truck – $1,500,000 Settlement

Our client was driving on Route 9 when he was rear-ended by a box truck in Perth Amboy, New Jersey. The box truck driver hit two other vehicles before he struck the client’s car. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the Superior Court of New Jersey, Middlesex County, alleged that the box truck driver had been negligent in failing to drive safely, and secured our client a $1,500,000 settlement.

Our client suffered injuries to his back, diagnosed as cervical herniated discs, lumbar disc bulges and annular tears. He also injured his arm, which was diagnosed as bilateral elbow tunnel syndrome and wrist median nerve entrapments. To treat his cervical spine, the client underwent multiple epidural steroid injections and surgery that included an open anterior cervical disc decompression, interbody fusion, cage screw stabilization, and local bone graft harvesting. For his lumbar spine, the man endured epidural steroid injections, and surgery consisting of open lumbar laminectomies, lateral recess anterior disc decompressions, and facetectomies. To treat his arms and wrists, he underwent a bilateral anterior transposition of the ulnar nerve. Our client also completed courses of physical therapy to treat his injuries and pain.

Davis, Saperstein & Salomon, P.C. retained medical experts to examine the client and prove he had permanent injuries. Partner Marc C. Saperstein retained a vocational expert and an economics expert to analyze the client’s future employability status and to determine his financial losses. Our experts found that the man’s injuries caused work limitations resulting in a loss in future earning capacity of several hundred thousand dollars.

Our experts’ reports helped Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein in his fight to secure the client compensation for his 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:

Annular Tear:  An annular tear is a tear of something that appears ring shaped. It is usually referring to when the soft tissue disc that sits between a person’s bones in their spine is injured, causing the outer ring of the disc to tear. The outer ring is known as the annulus.  A tear to the annulus, or an annular tear, causes the inside of the disc to leak. This can be called a herniated disc, or a ruptured disc, or even a slipped disc—they are all the same.

Bone Graft Harvesting: Bone graft harvesting is a surgical procedure that uses transplanted bone to repair and rebuild diseased or damaged bones.

Cage Screw Stabilization: An operation to put in place a hollow, tube-shaped device placed between adjacent spinal bones in spinal fusion surgeries to improve or enhance the fusion. The cylinder is made from metal, typically titanium, and is designed as a “cage” so the bone graft can be placed inside. This will allow a spinal fusion to occur between two vertebrae.

Decompression Surgery: Decompression surgery a procedure to alleviate pain caused by a pinched or compressed nerve. In medicine, decompression is obtained through removing or repositioning of a structure that is compressing another structure. This surgery is usually only recommended when non-surgical treatment has not helped in alleviating pain and symptoms.

Disc Bulge: Bulging discs are a condition in which the inner portion of a spinal disc remains contained in the outer portion of a spinal disc. The outer shell often becomes weaker, and the disc begins to bulge to one side of the spinal canal or flatten. Many experience bulging discs after an injury.

Epidural Steroid Injections: Epidural steroid injections are a minimally invasive procedure that can relieve neck, arm, aback and leg pain; delivers steroids via a needle. The steroid calms down the irritated nerve that is causing the pain and swelling. Relief from the injections typically last for three months or more.

Facetectomy: Spinal surgical procedure for treatment of severe pain caused by a pinched spinal nerve. The pain could result from narrowing or facet joints or disc herniation. The procedure relieves pressure and pain on spinal nerves.

Herniated Discs: Herniation describes an abnormality of the intervertebral disc that is also known as a “slipped,” “ruptured,” or “torn” disc. This process occurs when the inner core (nucleus pulposus) of the intervertebral disc bulges out through the outer layer of ligaments that surround the disc (annulus fibrosis). This tear in the annulus fibrosis may cause pain in the back at the point of herniation. If the protruding disc presses on a spinal nerve, the pain may spread to the area of the body that is served by that nerve. Between each vertebra in the spine are a pair of spinal nerves, which branch off from the spinal cord to a specific area in the body. Any part of the skin that can experience hot and cold, pain or touch refers that sensation to the brain through one of these nerves. In turn, pressure on a spinal nerve from a herniated disc may cause pain in the part of the body that is served by that nerve.

Laminectomies: A surgical operation to remove the back of one or more vertebrae, usually to give access to the spinal cord or to relieve pressure on nerves.

Median Nerves Entrapment: Affects movement and sensation in the hand. Caused by median nerve compression in the elbow, forearm, or wrist.

Spinal Fusions: Surgery to permanently connect two or more vertebrae in the spine, eliminating motion between them.

Subcutaneous Ulnar Nerve Transposition: A surgical treatment for ulnar neuropathy at the elbow; moving the ulnar nerve to a position where it is not irritated or pinched.