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

Rear Ended in a Three-Vehicle Collision—$400,000 Settlement

While driving southbound on Route I-80 in Roxbury Township, New Jersey, a woman was rear-ended. She experienced a second impact when a third driver rear-ended the car behind her, causing the car behind her to rear-end her once again. Davis, Saperstein & Salomon, P.C. Partners Garry R. Salomon and Patricia Z. Boguslawski filed suit in the Superior Court of New Jersey, Morris County, proved that the two drivers involved in the first accident had been negligent in failing to drive carefully, and secured our client a $400,000 settlement.

The woman was taken by ambulance to St. Clare’s Hospital in Dover, New Jersey. The accident caused injuries to her neck and back, including loss of cervical lordosis and two disc herniations in her lumbar spine. For treatment, she first received several lumbar epidural injections and underwent Intradiscal Electrothermal Therapy (IDET). When the woman’s pain continued, she underwent two surgeries, an anterior disc replacement and an anterior lumbar interbody fusion. She also completed several months of physical therapy.

Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature of our client’s injuries. The disputed case settled after opening statements in the Superior Court of New Jersey, Morris County, for $400,000.

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

Disc Herniation: A disc herniation is an abnormality of the interverbal disc, that can also be called a “slipped disc”, “ruptured disc”, or “torn disc”. This abnormality happens when the inner core of the disc (nucleus pulposus) bulges out through and tears the outer layer of ligaments that surrounds the disc (annulus fibrosis). A tear in the annulus fibrosis can cause pain in the back where the herniation is. If the herniated disc compresses a spinal nerve, the pain can spread to the area of the body served by that nerve. Some disc herniations can result in no pain or discomfort, but others cause excruciating pain or numbness.

Epidural Steroid Injections: Epidural steroid injections (ESI) deliver anti-inflammatory steroids through a needle to the area that hurts. The injections can relieve pain in the neck, arm, back, and leg. The steroid works to calm the irritated nerve causing the pain and swelling, and the relief usually lasts for three months or more.

Intradiscal Electrothermal Therapy (IDET): Intradiscal Electrothermal Therapy is a minimally invasive technique that treats chronic, disc-related lower back pain.

Loss of Cervical Lordosis: A medical condition in which the cervical spine straightens from its normal curve.

Lumbar Fusion: A surgical procedure that permanently connects two or more vertebrae in the spine so they heal into one solid bone. They are connected with a bone graft, and held together with plates, screws, and rods. This procedure helps create stability in the spine and makes moving the spine less painful.