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$2.2M Award for Injured Plaintiff

rear end car crash
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Levinson Axelrod, P.A. recently obtained a $2.2M judgment for a plaintiff injured in a hit-and-run motor vehicle collision. Shareholder Michael Fusco and Associate Andrew Monahan argued the case before the Superior Court in Middlesex County, New Jersey.

The collision occurred while plaintiff was stopped in traffic driving her children to school. The driver that struck her vehicle fled the scene but was later apprehended by the local police. The defendant was later found guilty of leaving the scene in a separate Municipal Court action.

As a result of the crash, the plaintiff suffered injuries to her head, neck and back. Her spine treatment including a series of pain management injections and recommendations for two separate lower back surgeries, one of which was a lumbar fusion. She also experienced radiating pain into her arm and hip as a result of the neck and back injuries.

The head injuries included a permanent vestibular dysfunction, which caused the client to have difficulty performing computer tasks at work, leading to her pre-mature retirement.

As a result of the injuries, the plaintiff used up all of her available PIP (Personal Injury Protection) benefits, leaving her with future medical expenses which were not going to be covered by her insurance policy. While plaintiff wished to proceed with the fusion surgery, it was not covered by her insurance.

Despite the plaintiff having elected the “limitation on lawsuit” option on her auto insurance policy, the Court found that she had suffered a permanent injury as a result of the collision. This entitled the plaintiff to any provable non-economic damages.

The award included over $1.1M in economic damages for recovery of past medical bills incurred, past and future wage losses and the cost of future recommended surgery. $1M in non-economic damages was awarded for the plaintiff’s pain, suffering, disability and loss of enjoyment of life. More than 4% of Pre-Judgment Interest was also added to the award.

In addition to the above judgment, the firm successfully pursued a claim against the plaintiff’s Uninsured Motorist (UM) policy, receiving a full tender of her purchased policy limits.

If you or a loved one has been injured in a motor vehicle crash and wish to pursue a recovery of your economic or non-economic damages, contact the law firm of Levinson Axelrod, P.A. We offer free consultations and have over 85 years of experience as a firm helping victims of accidents obtain recoveries.

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