25,000 Awarded for Herniated DiscOctober 1, 2013
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Barbarito, Frost & Botwinick, PC, Denville, NJ, announces a $25,000 settlement for a herniated disc. Plaintiff was a nurse that was stopped and struck in the rear by another vehicle. She sustained a herniated disc as a result of the accident which did not require surgery. She selected the lawsuit limitation on her insurance policy which barred her from making a bodily injury claim of any kind even if the accident was not her fault. This firm argued that she fell within the permanent injury exception to the statute and the defense disagreed. After a trial before a jury, the jury deliberated for two days and in a very unusual circumstance could not decide and came back as a hung jury. Prior to the re-trial of the case, the defendant’s insurance company settled the matter for $25,000.00, rather than taking the chance of re-trying the case before a jury a second time.