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Settlements & Verdicts

$85,000 Award for Motor Vehicle Accident

October 1, 2017

Denville, NJ

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 in Denville, NJ, announces a $85,000 settlement for a motor vehicle accident.

In August 2015, Plaintiff was coming to a complete stop for traffic on Interstate 80 when the Defendant struck the rear of Plaintiff’s vehicle pushing Plaintiff’s vehicle into the vehicle in front of him. Responding Police Officer conducted an investigation that revealed positive results for impairment of defendant Decker due to prescription legend drug use. The police report also indicates that defendant Decker admitted being under the influence of multiple prescription legend drugs.

Initially, Plaintiff did not present to the hospital because he was under the mistaken impression that he was merely suffering from some minor soreness. It soon became evident, however, that his pain was increasing both in terms of severity and frequency with each passing day. When his pain grew increasingly worse, Plaintiff sought treatment with an orthopedist complaining of pain to his right wrist with shooting pains to his elbow and palm of his hand and was recommended to undergo an MRI of his right wrist which revealed a partial tear of the ulnar styloid insertion of the triangular fibrocartilage. When his pain persisted, he sought a second opinion and was recommended a trial of cortisone injections which only provided temporary relief. When his conservative treatments failed to alleviate his pain, Plaintiff ultimately underwent a right flexor carpi radialis tunnel release.

With regard to injuries to his lower back, Plaintiff commenced a course of conservative treatment consisting of chiropractic care and acupuncture and ultimately underwent MRI tests to his lumbar spine which revealed a L5-S1 annular tear with left paracentral disc herniation extending posterolaterally on the left side and L4-L5 broad based bulging disc with an annular tear that compresses and deforms the dural sac. As a result of his objective findings and subjective complaints, he consulted with a pain management doctor and with neurosurgeon. In response his persistent lower back pain, his treating neurosurgeon discussed a potential L5-S1 discectomy which Plaintiff ultimately decided not to undergo.
No defenses with respect to liability or damages. No lost wage claim asserted.

The case settled for $85,000.00 prior to the scheduling of a trial.

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