Loss-of-Control Accident — $700,000 Settlement

While seated in his parked car in a lot on Ridge Road in Lyndhurst, New Jersey, a man was struck by a driver who had lost control of his vehicle. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Bergen County, proved that the driver was negligent in failing to drive safely, and won the client a $700,000 settlement.

After being struck by the driver, the client was taken by ambulance to Hackensack University Medical Center in NJ, and suffered injuries to his neck, back, right shoulder, and right hip. He specifically suffered from cervical and lumbar strain, a rotator cuff tear, and contusion and sprain in his hip. For treatment, he underwent total hip replacement surgery and months of physical therapy. He was also recommended for shoulder surgery.

Davis, Saperstein & Salomon, P.C. hired medical experts to examine the man and to write narrative reports describing the client’s injuries and their permanent nature. This case was complicated by the fact that the client had pre-existing arthritis in both hips, which made it difficult for Partner Steven Benvenisti to prove that the collision had directly caused the injuries to the man’s hip. However, the medical expert reports proved the causality between the impact and the man’s injuries. The firm also hired vocational experts to determine the amount of money in earnings the client lost and the cost of the accident victim’s future medical care.

With these experts’ help, Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti proved the client’s need for monetary compensation, and won him a $700,000 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

Arthritis: A disorder that affects joints, typically including pain, stiffness, redness, warmth, and swelling.

Cervical strain: A term for neck pain, characterized by a stretched or torn muscle or tendon in the neck.

Lumbar strain: A term for lower back pain, characterized by damaged tendons and muscles in the lower back.

Rotator cuff tear: An injury to the shoulder muscles and tendons that work to stabilize a joint and allow for arm movement.