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A 51-year-old woman was backed over by a truck on Prince Street in Paterson, New Jersey. The client and her passenger had exited their car to alert the backing truck driver, but were unnoticed and hit. Our client was then knocked to the ground and dragged for several feet. Davis, Saperstein and Salomon, P.C. Partner Paul A. Garfield filed suit in The Superior Court of New Jersey, Essex County, proved that the truck driver was negligent in failing to safely operate his truck and yield to pedestrians, and won in a $500,000 settlement for the client’s family.
The injured woman was taken to St. Joseph’s Regional Medical Center in Paterson, New Jersey, where she was diagnosed with abrasions, a superficial avulsion on her right leg, injuries to her abdomen, and experienced shortness of breath. After receiving pain medications and a tetanus shot, she was discharged. However, she was readmitted to the ER later due to breathing difficulties and was pronounced dead shortly after. The cause of death was stated to be pulmonary thromboembolism resulting from deep venous thrombosis in her right leg, which was caused by leg trauma.
Davis, Saperstein and Salomon, P.C. retained a medical expert to author a narrative report proving the proximate cause of the client’s death. Their report stated that the accident had caused abrasions, swelling, and deep venous thrombosis of her right leg, which then embolized to her lungs and caused an acute respiratory arrest. To assess financial losses, Paul A. Garfield hired a vocational economics expert, who found that the client’s death resulted in a loss of financial household contribution, and a loss in future earning capacity of several hundred thousand dollars.
The experts’ reports helped Davis, Saperstein and Salomon, P.C. Partner Paul A. Garfield win the client’s family a settlement for their financial loss, and 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:
Abrasions: Scrapes or scratches on the skin’s surface, often caused by rubbing against a rough surface.
Acute Respiratory Arrest: A sudden and severe failure of breathing, leading to a person not being able to breathe on their own, requiring immediate medical attention.
Deep Venous Thrombosis (DVT): A blood clot that forms in a deep vein, usually in the legs or thighs, which can be a serious condition if not treated promptly.
Embolized: When a blood clot or other material breaks loose and travels through the bloodstream to block a blood vessel in another part of the body.
Pulmonary Thromboembolism: A condition where a blood clot travels to the lungs and blocks a blood vessel, causing breathing difficulties and potentially life-threatening consequences.
Superficial Avulsion: A skin injury where the top layer of skin is torn away, often due to a sudden force or impact.
Tetanus Shot: A vaccination that helps protect against tetanus, a bacterial infection that can cause muscle stiffness and spasms, given to prevent infections from cuts or wounds.
