As she was about to enter her car in a parking lot in Bergenfield, New Jersey, a young mom tripped and fell on a broken curb covered by fallen leaves. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Bergen County, and proved that the town, the lessor of the lot, and the lessee of the lot, were all negligent in failing to properly maintain the curb, winning the client a $1.415 million settlement.
The woman was picking her daughter up from daycare and had just placed the child in the backseat of their car when she tripped on a broken curb. She was taken by ambulance to Englewood Medical Center in Englewood, NJ, for evaluation and medical treatment.
Our client suffered injuries to her neck, back, shoulder, and jaw, and the fall caused several herniated discs in her cervical, thoracic, and lumbar spine, as well as a tear in her shoulder. To treat her back, she underwent epidural steroid injections and medial branch blocks before undergoing spinal surgery. A lumbar spinal cord stimulator was also implanted in her spine. For her shoulder, the client underwent decompression and acromioplasty surgery. She also suffered from temporomandibular joint (TMJ), which led to surgery on her jaw.
Davis, Saperstein & Salomon, P.C. hired medical experts to write narrative reports describing the client’s injuries and their permanent nature. The firm also hired economics experts, who calculated her loss in earnings and estimated the cost of her future medical care. The firm also hired an engineering expert, who found that the curb had been broken for over 6 years. The expert further determined that many concrete slabs were replaced on the same property, while the curb had been neglected, causing the client to trip and fall. The expert, therefore, concluded that the town and others were liable for failing to properly inspect, maintain, and repair the curb.
With the help of these experts, Partner Steven Benvenisti sued the parties in the Bergen County Superior Court and ensured that our client received proper compensation for her injuries, pain, and suffering, in the form of a $1,415,000 settlement.
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
Acromioplasty: A surgical procedure involving the removal of a small piece of bone and soft tissue from the acromion, which is a section of the shoulder blade.
Arthroscopy: A surgical procedure where a small incision is made to insert a narrow scope (called an arthroscope) to allow surgeons to see inside the cut.
Cervical spine: The cervical spine, also known as the neck region, consists of seven bones – C1-C7 vertebrae. They are separated from each other by intervertebral discs. If one of these vertebrae becomes misaligned, symptoms including neck pain, head pain, shoulder pain, and more can occur.
Disc herniation: A disc herniation occurs when a portion of the disc, which acts as a shock absorber for the spinal bones, is pushed into the spinal canal. While some disc herniations may result in no pain or discomfort, others can result in excruciating pain and numbness.
Epidural steroid injections: Epidural steroid injections are a minimally invasive procedure that can relieve neck, arm, back, and leg pain. The steroid calms down the irritated nerve that is causing the pain and swelling. Relief from the injections typically lasts for three months or more.
Lumbar spine: The lower back consists of five bones.
Medial branch block: A type of spinal injection to temporarily block the pain signals coming from the nerves found in the joints of the spine.
Spinal cord stimulator: A medical device that is implanted surgically to help the person manage chronic pain. It sends electrical impulses to areas of the spinal cord that disrupt pain signals.
Thoracic spine: The upper and middle part of the back; consists of twelve bones.
