Feb 122014
 

Car Accident in Mount Holly, NJ – T-Bone Accident with Neck & Back Injuries

My client was a woman in her mid-30’s.  She was driving on a road in Mount Holly, NJ, when her car was violently struck on the side by another vehicle.  The at-fault driver was exiting a pizza shop.  He was operating his vehicle carelessly as he was leaving the parking lot.  He did not yield to oncoming traffic, and as a result, drove into the side of my client’s car.

The client sustained neck and back injuries; MRIs of the neck and back revealed disc pathology which was degenerative in nature.  She was subject to the Limitation on Tort Threshold restricting her right to sue.  The lawyer for the at-fault driver argued that her neck and back injuries were pre-existing and were not caused by the car accident.

This is a common argument at-fault drivers’ attorneys present in NJ car accident cases.  Causation is usually questioned when the injured plaintiff claims that the auto accident aggravated a pre-existing condition, especially in an accident where the injured car accident victim has verbal threshold.  Therefore, it is important for the plaintiff to prove that there is a causal link between the accident and the aggravation of pre-existing conditions.  Typically, only credible medical evidence, such as treating physician’s testimony, treating physician’s medical expert report, plaintiff’s medical records, etc., can establish the causal link.

In addition, because my client had Limitation on Tort Threshold on her car insurance policy, we needed to establish that her injuries were permanent to overcome the Tort Threshold pursuant to New Jersey car accident law.

After discussions with my client’s treating orthopedic physician, we were able to develop medical support proving that a good portion of the degeneration was significantly aggravated by the force of the trauma from the car accident and that her injuries were permanent.  As a result, we were able to reach an out of court settlement notwithstanding defense arguments that the neck and back injuries preexisted the motor vehicle accident.

The client was very happy with the result of her car accident lawsuit.

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