$97,500 Award for a Motor Vehicle AccidentApril 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 $97,500.00 settlement for a motor vehicle accident.
In February 2016 Plaintiff was fully stopped in traffic when Defendant negligently failed to maintain her lane of travel, changed lanes and struck Plaintiff’s fully-stopped vehicle in the rear at an excessive rate of speed, without warning. Initially, Plaintiff did not present to the hospital as he was under the mistaken impression that he was merely suffering from some minor soreness. It soon became evident, however, that he would require medical attention as the frequency and intensity of his pain increased with each passing day. He ultimately sought treatment which consisted of a course of chiropractic care and physical therapy.
When the course of conservative treatment failed to relieve his pain, MRIs were recommended which revealed left paracentral disc herniation at C4-C5 with impingement upon the left ventral margin of the spinal cord and proximal bilateral foraminal stenosis; central disc herniation at C5-C6 with annular tear and impingement upon the ventral margin of the spinal cord with proximal right foraminal stenosis; and central disc herniation at L5-S1 with encroachment on the bilateral inferior foramina and anterior epidural fat indentation. Due to the chronic nature of Plaintiff’s pain and the failure to respond to conservative treatment, Plaintiff ultimately underwent right L5 hemilaminectomy facetectomy and foraminotomy with decompression of the nerve roots; Right S1 lateral recess decompression and foraminotomy with decompression of nerve root; open L5-S1 diskectomy.
The Defendant possessed a special automobile insurance policy established pursuant to N.J.S.A. 39:6A-3.3 which was a limited policy that only afforded emergency personal injury protection and death benefit coverage and did not provide bodily injury or property damage liability coverage. As such, Defendant was advised to open an underinsured motorist bodily injury claim file. Plaintiff possessed a $100,000.00 policy limit.
Prior to the scheduling of a trial, the case settled for the amount of $97,500.00.