$490,000 Award for a Motor Vehicle Accident
April 2018, Denville, NJ
In July 2016, Plaintiff was a passenger in a vehicle being operated by her daughter when the Defendant negligently, carelessly, and recklessly operated the aforesaid motor vehicle by failing to take evasive actions, failing to maintain the proper following distance and make proper observations causing him to strike Plaintiff’s vehicle in the rear. The impact was so severe that both front seats broke and Plaintiff was thrown forward which caused Plaintiff’s knees to hit the dashboard.
Initially, Plaintiff did not seek medical attention as she thought she was suffering from some minor soreness to her neck and knees. It soon became evident, however, that she would require immediate medical attention as her pain increased in terms of frequency and intensity with each passing day and two days after the accident, she sought treatment at the hospital.
As a result of this accident, Plaintiff alleged an aggravation, exacerbation and/or acceleration of pre-existing herniated discs at C5-6 and C6-7. In addition to Plaintiff’s pre-existing conditions and prior to the accident of July 2016, Plaintiff was receiving Social Security Disability benefits and was declared totally disabled.
After this accident she returned to treatment with her prior pain management doctor and was recommended physical therapy which provided some relief, but did not completely alleviate her pain.
Given the severity of the pain on her knees and failure to respond to physical therapy, she underwent a right partial medial meniscectomy with associated chondroplasty and a left knee partial medial meniscectomy with chondroplasty of the medial femoral condyle trochlea patellar and lateral tibial plateau; and major synovectomy. Following her knee surgeries, she underwent a cervical epidurogram and cervical epidural steroid injection. Unfortunately, the treatment to her cervical spine provided only temporary relief to her cervical spine. She continued to seek additional treatment options to address the pain in her neck and was later recommended for and ultimately underwent C4-C5, C5-C6 and C6-C7 anterior discectomy and fusion surgery; placement of interbody device at C4-C5, C5-C6 and C6-C7 and instrumentation from C4-C7.
The case settled for $490,000.00 prior to the scheduling of a trial.
No defenses with respect to liability or damages.