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

Man Suffers Injuries in Weehawken Car Accident – $5.1 Million Settlement

A 57-year-old man was a pedestrian at an unmarked crosswalk and was traveling from the eastbound side of JFK Boulevard East to the westbound side in Weehawken, New  Jersey when he was struck by an inattentive driver. Davis, Saperstein & Salomon, P.C.  Partner Steven Benvenisti and Attorney Luis Haquia filed a lawsuit on his behalf in the  Superior Court of New Jersey, Hudson County, and, after extensive litigation and on the eve of trial, they won a $5,100,000 settlement for his pain and suffering.  

The at-fault car was traveling southbound along JFK Boulevard East when he struck our client who was walking across the street in an unmarked crosswalk. The impact propelled our client 10 feet into the air, landing headfirst onto the pavement and knocking him unconscious. He was taken by ambulance to the Jersey Medical Center in Jersey City.  

The man woke up in the hospital two weeks later, with no memory of the collision. He suffered injuries to his head, legs, and spine. He suffered a traumatic brain injury (TBI),  torn ligaments and knee fractures, transverse process fractures, and a pelvic ring fracture.  Our client underwent reconstructive surgery for his right knee and nonoperative treatment for his other fractures. He also underwent months of physical, occupational, and speech therapy.  

Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports describing the permanent nature of our client’s injuries, and an economics expert to determine the total financial loss our client had suffered. The economics expert found that the client had suffered potential economic losses of over $1 million because he was no longer able to work. The firm also retained an accident reconstructionist expert, who showed that the defendant had a duty to observe the pedestrian at the unmarked crosswalk and that the defendant would have had enough time to avoid our client if he had been paying attention.  

Partner Steven Benvenisti and Attorney Luis Haquia were assigned out to trial, and with the anticipated testimony of these experts, demonstrated that the defendant driver had been negligent in his failure to drive carefully, and secured our client a $5.1 million settlement for his pain and suffering on the date the trial was to commence. 

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

Torn Ligament: When a strong force or sudden twist stretches or tears one of the tough bands of tissue that connect bones together in a joint. This type of injury is common in sports, accidents, or activities that involve sudden movements. Symptoms may include pain, swelling, instability, and difficulty moving the affected joint, and treatment can involve rest, physical therapy, or in severe cases, surgery to repair the ligament. 

Transverse Process Fracture: A type of injury that occurs when one of the bony protrusions on the side of the vertebrae in the spine breaks. This can happen due to a strong impact, such as from a fall or a car accident. Symptoms include pain in the back or sides, difficulty moving, and tenderness in the affected area, and treatment may involve rest, pain management, and avoiding activities that worsen the pain while the fracture heals. 

Traumatic Brain Injury (TBI): Occurs when a sudden blow, jolt, or penetrating injury to the head disrupts normal brain function. This can happen due to falls, accidents, or impacts during sports or other activities. Symptoms of a TBI can range from mild, such as headache or confusion, to severe, including loss of consciousness or permanent disability, depending on the extent of the injury. 

The intersection of JFK Boulevard East and Columbia Terrace in Weehawken, New  Jersey.