Legal Question in Personal Injury in New Jersey
MVA w/ driver under influence of narcotics
On Sept. 12, 02 my wife was t/operator of a motor vehicle traveling NB on Rte 287 (Parsippany/Troy Hills Borough of Morris County) when she was struck by another motor vehicle which was also traveling Northbound on Route 287. The driver of that vehicle had a syncopal episode causing him to lose control of his vehicle, cross over the white zebra lines & strike her. She was traveling approx. 45 mph when the impact occurred. The syncopal episode was brought on by the use of narcotics & he was arrested at the scene. This vehicle is a PA plate insured by GE. She sustained 2 bulging discs at C5-6 and C6-7, went for p/t, treated with an ortho and neuro (for vertigo). Her primary MD is sending her out to another ortho for a 2nd opinion since she is still having problems with her neck. Her neck still feels like it is unable to endure the weight of her head, she has cracking & popping sounds in her neck. The pain also radiates down b/w my back & shoulders. She does have a fx sterum & small tear of her rotator cuff -left shoulder from a prior MVA. We have the verbal threshold & need to know whether or not a claim due to the driver's intentional & willful act of operating a MV while under the influence.
4 Answers from Attorneys
Re: MVA w/ driver under influence of narcotics
Thank you for your inquiry. I most definitely believe that your wife may have a strong case even though you have verbal threshold on your automobile insurance policy. However, I need to learn more facts in order to determine if, under the law, your wife has suffered a "substantial impact" on her quality of life.
As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: MVA w/ driver under influence of narcotics
The fractured sternum injury meets the verbal threshold, as does the rotator cuff tear, particularly in light of the recent Appellate Division case of Serrano v. Serrano. The back injuries, which may give your wife the worst time of it, standing alone, would not meet the verbal threshold in Morris County. Each court and each Judge interprets the statute (39:6A) differently. Bulging discs are always on the borderline. Unfortunately how the accident occurs (i.e. drunk driver) doesn't factor into the application of the verbal threshold. Insurance carriers have worked so hard to convince the public that the word "Serious" means catastophic, while trial lawyers such as myself work hard to achieve what accident victims deserve, no more, and certainly no less.
Please feel free to contact my office. We handle matters of this type throughout Northern, New Jersey.
Lawrence M. Simon
www.BergenLaw.com
1-201-445-4321
Re: MVA w/ driver under influence of narcotics
This question is too complex to answer like this. You really need to go see an attorney.
Re: MVA w/ driver under influence of narcotics
It sounds to me like there is a good possibility that the verbal may be pierced by the severity of the injuries. I would like to review the medical records and police report and then have a free consulatation with you on how to proceed. The fact that it may be a Penn. defendant does not matter as the suit should be able to be filed in NJ because of the site of the accident. Please call with any questions 732-286-2170
John
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