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

Woman Injured in Rear-End Collision- $525,000 Settlement

In Englewood Cliffs, New Jersey, a woman was stopped at a red light on Sylvan Avenue, near its intersection with Palisade Avenue, when she was suddenly rear-ended. Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield filed suit in the Superior Court of New Jersey, Bergen County, proved that the driver responsible for the rear-end collision was negligent in safely operating his vehicle, and won the client a $525,000 settlement.

The injured woman went to multiple specialists, including a chiropractor, and was later diagnosed with herniated discs in her cervical and lumbar spine, a cervical disc bulge, lumbar radiculopathy, and a lumbar annular tear. For treatment, she underwent a discectomy, foraminotomy, annuloplasty, and a series of epidural steroid injections. The woman also completed physical therapy to improve her condition.

Davis, Saperstein & Salomon, P.C. retained medical experts to author narrative reports proving the permanent nature of the client’s injuries. To evaluate the client’s financial losses, the firm hired a billing expert and a cost projection specialist. The experts found that the client’s medical bills and future cost projections for treatment and care range to over several hundred thousand dollars. To prove the proximate cause of the client’s injuries, Paul A. Garfield retained a biomechanical engineer, who confirmed that the force of the accident was sufficient to cause the injuries to the client’s spine.

The experts’ reports helped Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield win the client a settlement for her medical bills, 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.


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Medical Glossary:

Annuloplasty: A surgical procedure to repair a tear in the ring-like structure (annulus) around the spinal disc.

Disc Bulge: When a spinal disc protrudes slightly and presses on nearby nerves, causing discomfort or pain.

Discectomy: A surgery to remove part or all of a damaged spinal disc to alleviate pressure on nerves and relieve pain.

Epidural Steroid Injection: A medical treatment where anti-inflammatory medicine is injected into the space around the spinal nerves to reduce pain and inflammation.

Foraminotomy: A surgical procedure that widens the openings (foramina) in the spinal vertebrae to relieve pressure on compressed nerves.

Herniated Disc: When a spinal disc’s inner material pushes through its outer layer, often causing pain or numbness due to nerve compression.

Lumbar Annular Tear: A condition where the outer ring (annulus) of a spinal disc in the lower back is damaged or torn.

Lumbar Radiculopathy: A condition characterized by pain, tingling, or weakness in the lower back and legs due to compression or irritation of the spinal nerves in that area.