Practice Area Category: Car Accidents
A young woman was driving on Route 208 when she was rear-ended by a car and pushed into the side concrete barrier. Davis, Saperstein & Salomon, P.C., Partner Adam B. Lederman filed suit in the Superior Court of New Jersey, Bergen County, and proved that the driver was negligent in failing to drive safely. They won the client a $1,275,000 settlement as compensation for her injuries, pain, and suffering. She suffered multiple herniated discs in her neck and back.
Davis, Saperstein & Salomon, P.C., retained medical experts to author narrative reports proving the permanent nature of the client’s injuries. To evaluate the woman’s future employability and her loss in earning capacity, Partners Garry R. Salomon and Adam B. Lederman hired a vocational economic analyst. The expert found that the accident legally disabled our client and caused her to suffer a financial loss of several hundred thousand dollars. The medical and economic experts’ reports helped Davis, Saperstein & Salomon, P.C., Partners Garry R. Salomon and Adam B. Lederman prove the client’s entitlement to monetary competition for her medical bills, loss in income, 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, P.C., 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:
Annular Tear: An annular tear is a tear of something that appears ring shaped. It is usually referring to when the soft tissue disc that sits between a person’s bones in their spine is injured, causing the outer ring of the disc to tear. The outer ring is known as the annulus. A tear to the annulus, or an annular tear, causes the inside of the disc to leak. This can be called a herniated disc, or a ruptured disc, or even a slipped disc—they are all the same.
Complex Regional Pain Syndrome: Chronic pain that affects limbs after injuries, strokes, surgeries, or a heart attack. Usually is in the arm, leg, or foot.
Concussion: Concussion is a type of traumatic brain injury—or TBI—caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. Symptoms of a concussion include headache, pressure, nausea, vomiting, confusion, and more.
Disc Bulge: Bulging discs are a condition in which the inner portion of a spinal disc remains contained in the outer portion of a spinal disc. The outer shell often becomes weaker, and the disc begins to bulge to one side of the spinal canal or flatten. Many experience bulging discs after an injury.
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, aback and leg pain; delivers steroids via a needle. The steroid calms down the irritated nerve that is causing the pain and swelling. Relief from the injections typically last for three months or more.
Post Concussion Syndrome: When symptoms such as dizziness, headache, and issues of concentration subside and persist after a mild head injury.
Radiculopathy: Doctors use the term radiculopathy to specifically describe pain, and other symptoms like numbness, tingling, and weakness in your arms or legs that may be caused by a problem with your nerve roots. The nerve roots are branches of the spinal cord that carry signals to the rest of the body at each level along the spine. This term comes from a combination of the Latin word “radix,” which means the roots of a tree, and the Latin word “pathos,” which means a disease. This disease may be caused by direct pressure from a herniated disc or degenerative changes in the lumbar spine that cause irritation and inflammation of the nerve roots. Radiculopathy may create a pattern of pain and numbness that is felt in your arms or your legs in the area of skin supplied the by sensory fibers of the nerve root, and weakness in the muscles that are also supplied by the same nerve root. The number of roots that are involved can vary, from one to several, and it can also affect both sides of the body at the same time.
Spinal Fusions: surgery to permanently connect two or more vertebrae in the spine, eliminating motion between them.
In August 2020, a 53-year-old man was seriously and permanently injured in an accident while driving south on Kinderkamack Road in Hillsdale, New Jersey. He had a green light and was continuing on his daily route when he stopped to let another car turn left. As he continued straight through the intersection, another vehicle made a left turn in front of him, causing a collision. The impact forced his car off the road and into the bushes of a nearby property. A $1.25 million settlement was won on behalf of the client after Davis, Saperstein & Salomon Partner Marc C. Saperstein proved the other driver’s negligence.
The accident left the client with long-lasting injuries, including severe neck, back, knee, and shoulder pain. He required months of physical therapy before doctors determined that surgery was needed. He had a cervical fusion of his C4, and C7-T1 vertebrae as well as an epidural injection in his neck, left knee surgery to repair a meniscus tear, right shoulder surgery for a rotator cuff tear, and a medial branch block on his lumbar spine due to the accident. Even with extensive medical treatment, therapy, and surgery, the client continues to have from complications that effect his ability to work and enjoy time with his family.
Davis, Saperstein & Salomon, P.C., Partner Marc Saperstein hired medical expert witnesses to examine the client and to write narrative reports describing the client’s injuries and their permanent effects. Their reports were key in helping Marc advocate for the man and win a $1.25 million settlement for him and his family’s pain and suffering caused by the accident.
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, P.C., 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.
In Totowa, New Jersey, a passenger in an Infiniti G35 sedan driven by his intoxicated friend was left in a nonresponsive state. The driver and passengers had just left a local bar when the vehicle collided into a telephone pole. Davis, Saperstein and Salomon, P.C., Partner Samuel L. Davis proved that the bar, as well as their contracted security and valet companies, were negligent in failing to create a safe environment for patrons, securing our client a $1.24 million dollar settlement.
After arriving at the bar, our client and his friends gave their keys to the bar’s valet attendant. Following a night of continuous drinking, the bar’s bouncer and security allowed them to leave visibly intoxicated. The client and drunk driver then retrieved their keys from the valet, who also disregarded their intoxication. The driver and passengers merged onto Route 46 and drove for about 10 seconds when the driver lost control of the car and struck a telephone pole. Totowa Police responded to the scene, smelled a strong odor of alcohol, and charged the intoxicated driver with a DUI, unsafe lane change, and driving without a buckled seatbelt. An ambulance took the front seat passenger, our client, to St. Joseph’s Hospital in Paterson, New Jersey.
The impact of the crash severely injured our client’s neck and spinal cord. He suffered a burst fracture in his cervical spine that required multiple surgical procedures to treat: an anterior corpectomy, posterior fusion, and a decompressive laminectomy. Post-operatively, he suffered vision loss and bilateral lower extremity paralysis, and was placed on a ventilator. About 2 weeks after his procedures, he went into cardiopulmonary arrest. Although he was stabilized, he remained nonverbal, largely nonresponsive, and expected to remain in long-term hospital care.
Davis, Saperstein and Salomon P.C., hired medical specialists to serve as expert witnesses. They authored narratives and provided oral and written testimony proving the permanency of our client’s condition. Their reports showed our client’s entitlement to financial compensation, specifically for his medical bills and pain and suffering.
In order to prove the negligence of the bar’s personnel, Davis, Saperstein and Salomon P.C., retained a forensic toxicologist and alcohol service security experts. The alcohol-drug expert determined that the bar was negligent for overserving the driver when he was visibly intoxicated, as confirmed by his high blood alcohol content (BAC). The expert supported our claim under New Jersey’s Dram Shop Law, which states damages can be sought from a bar which served alcohol to a visibly intoxicated person. The security expert focused on the bouncers’ lack of training, in identifying and stopping clearly intoxicated individuals from being served more alcohol. The expert analyzed training protocols and concluded that the security guards and valets had inadequate training and were not prepared to respond to the client’s situation. The staff should have noticed the obvious signs of intoxication and stopped the man from drinking and driving. The experts concluded that the staff should have noticed their drunken state and stopped the man from drinking and driving, thus proving the proximate cause of the accident was the negligence of the bar.
Even though insurance coverage was limited, the case was vigorously defended by the defendant. Partner Sam Davis sued the establishment, as well as their security and valet companies, in the Passaic County Superior Court. He secured our client a $1.24 million settlement as compensation for his injuries, 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, P.C., 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:
Anterior: Anterior refers to the front of the human body when used to describe anatomy. For example, the kneecap is located on the anterior part of your body. An anterior ligament is a ligament that is on the front part of a joint.
Bilateral: Bilateral means both sides. If someone has bilateral pain in their arms that means that their pain is going down both arms.
Burst Fracture: A burst fracture a severe fracture that occurs when the primary bone of the spine, known as a vertebra, is broken in multiple directions. A burst fracture can occur during a motor vehicle accident or falling down a significant height.
Cardiovascular System: The cardiovascular system is made up of the heart, blood vessels, and blood, and is responsible for keeping the heart pumping. It transports nutrients and blood to all parts of the body, as well as carrying deoxygenated blood back to the lungs.
Cervical Spine: The cervical spine, also known as the neck region, consists of seven bones, the C1-C7 vertebrae. They are separated from each other by intervertebral discs. If one of these vertebrae become misaligned, symptoms including neck pain, head pain, shoulder pain, and more, can occur.
Corpectomy: A corpectomy is a surgical procedure that involves removing an intervertebral disc or the front part of damaged vertebrae.
Laminectomy: A surgical operation to remove the back of one or more vertebrae, usually to give access to the spinal cord or to relieve pressure on nerves.
Spinal Fusions: A surgery to permanently connect two or more vertebrae in the spine, eliminating motion between them.
While stopped in his car on Cedar Lane in Teaneck, New Jersey, a 52-year-old man was seriously injured after being suddenly rear-ended. Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein filed suit in the Superior Court of New Jersey, Bergen County, proving that the rear-ending driver was negligent in failing to operate their vehicle safely, and won the client a $1,200,000 settlement.
The man was taken by ambulance to Holy Name Medical Center in Teaneck, New Jersey, and was diagnosed with a broad-based disc herniation, disc bulges, radiculopathy, annular tear, post-concussion syndrome, post-traumatic stress disorder, vertigo, endolymphatic hydrops of both ears and sensorineural hearing loss of the right ear. For treatment, he underwent anterior cervical discectomy and fusion with instrumentation and received epidural steroid injections and cervical medial branch nerve blocks for his pain. Our client also completed several courses of physical therapy to improve his condition.
Davis, Saperstein & Salomon, P.C., retained medical experts to author narrative reports proving the permanent nature of our client’s injuries and partial hearing loss. To assess the client’s financial loss, Partner Marc C. Saperstein hired a vocational economics expert who found that our client’s new work-life limitations from his injuries resulted in a future wage loss of hundreds of thousands of dollars. The experts’ reports helped Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein win the client a settlement for his injuries, pain & 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, P.C., 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:
Annular Tear: A tear in the outer layer of a spinal disc.
Anterior Cervical Discectomy and Fusion with Instrumentation: A surgery to remove a damaged disc from the neck and join the surrounding bones together using metal devices.
Broad-Based Disc Herniation: When a large portion of a spinal disc bulges out of place.
Cervical Medial Branch Nerve Blocks: Injections to block pain from the nerves in the neck.
Disc Bulges: When discs (cushions) between the bones in the spine stick out slightly.
Epidural Steroid Injections: Shots of medicine into the spine to reduce pain and swelling.
Endolymphatic Hydrops of Ears: A condition causing excess fluid in the inner ear, leading to balance and hearing problems.
Post-Concussion Syndrome: Symptoms like headaches and dizziness that continue after a concussion.
Post-Traumatic Stress Disorder: A mental health condition triggered by a traumatic event.
Radiculopathy: Pain, weakness, or numbness caused by a pinched nerve in the spine.
Sensorineural Hearing Loss: Hearing loss is caused by damage to the inner ear or the nerve that connects the ear to the brain.
Vertigo: A sensation of spinning or dizziness.
A 56-year-old man was at a red light at the intersection of Ackerman Avenue and Route 21 North in Clifton, New Jersey when he was rear-ended and by a pizza delivery vehicle. Davis, Saperstein & Salomon, P.C., Partner and car crash attorney Samuel L. Davis filed suit in the Superior Court of New Jersey, Bergen County, proving that the pizza delivery driver was negligent in failing to drive carefully and won the client a $1,219,113 settlement.
The client suffered injuries to his back, neck, arm, and leg, and was diagnosed with disc herniations, bulging, and radiculopathy in his cervical spine, disc herniations with an annular tear and radiculopathy in his lumbar spine, and carpal tunnel syndrome in his wrists. To treat his spine, he underwent an anterior cervical discectomy and fusion, right-sided post-lateral microdiscectomy and foraminotomy, and received cervical and lumbar epidural injections and lumbar facet median branch block. The client also completed several courses of physical therapy for his pain.
Davis, Saperstein & Salomon, P.C., hired medical experts to author narrative reports proving the permanent nature of the client’s injuries, and the continuing treatment costs. Partner Samuel L. Davis also hired a vocational expert to determine the financial losses suffered by our client. The expert witness found that since the client faced new limitations in his work life, he suffered a past and future loss of several hundred thousand dollars. The experts’ reports helped Davis, Saperstein & Salomon, P.C., Partner Samuel L. Davis win the client an out-of-court settlement for his injuries, pain & 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, P.C., 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.
Medical Glossary:
Annular Tear: A tear in the outer layer of a spinal disc.
Anterior Cervical Discectomy and Fusion: A surgery to remove a damaged disc from the neck and join the surrounding bones together.
Carpal Tunnel Syndrome: A condition where a nerve in the wrist is pinched, causing pain and numbness.
Disc Bulges: When a disc (cushion) between the bones in the spine sticks out slightly.
Disc Herniations: When a disc (cushion) between the bones in the spine bulges out of place.
Epidural Injections: Shots of medicine into the spine to reduce pain and swelling.
Foraminotomy: A surgery to widen the openings in the spine where nerves pass through.
Lumbar Facet Median Branch block: A shot of medicine to block pain from the joints in the lower back.
Radiculopathy: Pain, weakness, or numbness caused by a pinched nerve in the spine.
Right-Sided Post-Lateral Microdiscectomy: A surgery to remove part of a damaged disc in the spine on the right side.
Ackerman Ave and Route 21 in Clifton, New Jersey
A woman and her daughter were walking in a parking lot when they were struck by a car. The driver of the vehicle was accused of negligence and recklessness for not properly cleaning the snow and ice from the vehicle, which in turn, blocked her vision and led to the striking of the victims.
The two women were severely wounded, and after first being brought to University Medical Center of Princeton at Plainsboro, the older woman was then transferred to JFK Medical Center in Edison. After a total hospitalization of a little more than 2 months, she died from pneumonia with septic shock, which was a result of the traumatic brain injury suffered in the impact. Her passing has devastated all members of her family, and their lives will never be the same. The case was settled while scheduled for trial on September 28, 2015 by attorney Steven Benvenisti, Esq., and a settlement of $1,050,000.00 was awarded to the decedent’s family.