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$200,000 Verdict for Middlesex County Woman

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A Middlesex County jury returned a $200,000 verdict on Tuesday in New Brunswick for a Levinson Axelrod, P.A. client. While stopped in traffic, our client was injured as a result of being rear ended by a distracted driver. After the impact, the plaintiff began to develop significant neck pain, back pain and headaches.

The plaintiff underwent chiropractic and physical therapy treatments, which while helpful provided only temporary relief of her symptoms. According to her treating physicians, x-rays, MRIs and a digital motion x-ray all confirmed damage from the accident. Pain management injections were recommended, but due to her severe fear of needles, she could not undergo the procedure. An orthopedic surgeon also recommended an Anterior Cervical Discectomy & Fusion operation, but she also declined the surgery due to the risks.

Levinson Axelrod, P.A. associate Michael Fusco of the Edison office tried the case before the Hon. Joseph L. Rea in Middlesex County. During the two-day trial, defense argued that the conditions were temporary and caused by degeneration (e.g. “age related”). Defense also contended that the plaintiff had failed to mitigate her damages by declining the invasive treatments recommended by her doctors.

After 1 hour and 15 minutes of deliberations, the jury returned a unanimous 5-0 verdict finding that the plaintiff had sustained a permanent injury and awarded $200,000 in damages.

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