$100,000 Award for a Motor Vehicle AccidentJuly 1, 2017
July 1, 2017
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, PC in Denville, NJ, announces a $100,000 settlement for a motor vehicle accident.
In June 2016, Plaintiff was operating a motor vehicle when the defendant failed to stop at a red light causing him to violently strike Plaintiff’s vehicle.
Initially, Plaintiff did not present to the hospital because she was under the mistaken impression that she was merely suffering from some minor soreness. It soon became evident, however, that her pain was increasing both in terms of severity and frequency with each passing day. As such, Plaintiff presented to the chiropractor one week later and commenced a course of conservative treatment which consisted of chiropractic treatment and physical therapy and was thereafter referred for diagnostic testing in order to better ascertain the nature and extent of her injuries. As a result of this accident, Plaintiff sustained the following injuries:
1. left posterolateral disc herniation at C4-5 with associated left lateral recess of the left neural foraminal stenosis;
2. broad-based disc bulging at C6-7 with focal herniation on the right side and encroachment of the anterior aspect of the spinal canal; and
3. left C4 radiculopathy.
Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, she consulted with a neurosurgeon who recommended and Plaintiff agreed to proceed with anterior cervical decompression and fusion surgery at C5-C6 and C6-C7 (two levels). Plaintiff thereafter attended a PIP neurosurgical IME and that doctor confirmed that Plaintiff sustained a cervical spine injury as a direct result of the incident and he approved her for anterior cervical diskectomy and fusion surgery at three (3) levels, C4-C5, C5-C6 and C6-C7 as recommended her treating neurosurgeon.
Plaintiff has not yet undergone the recommended surgery.
Defendant possessed a policy with a limit of liability for bodily injury in the amount of $100,000.00. The case settled prior to the scheduling of a trial, for the $100,000.00 policy limit.