A Story of Commitment, Representation and Recovery

January 2005.  Our client was a passenger in a van carrying other employees of her company on RT 42 in Washington Twp, NJ, when suddenly, another car crossed the grass median at high speed, and slammed head on into that van.

Our client had to be cut out of the car by rescue squads. At Cooper Hospital’s trauma center, she was treated over a 2 week period for numerous broken bones, collapsed lungs, and head injury, including two trips to the operating room. After a 6 month period of therapy and rehabilitation, she returned to work, over the objections of some of her doctors.

Our office was retained about a week after the accident, and over time, saw to it that our client not only had over $100,000 in medical bills paid, but also obtained all of her lost wage and disability benefits through Workers Compensation court.

At the time of the accident, our client was going through a tough time, and had not been able to pay her own auto insurance bills on time. Under NJ law, as we advise all of our clients who ask our advice, your OWN policy and insurance control your right to sue and recover for injuries.

Well, the driver at fault for this terrible accident offered all of his insurance policy of $100,000 after our managing Partner, David Kouser, provided that company with all of the medical bills and records, and carefully explained all of her devastating injuries. But, clearly, her injuries required fair compensation far above that amount. So, if our client had no coverage of her own, and therefore no Underinsured Motorist (UIM) coverage under our law, where and how could she get what was fair for her pain and suffering and loss of income?

The van that was taking her to work had insurance, but that company fought very hard, over years, to not have to pay our client. First, we had to take them to court to argue a highly technical point of law, based on one paragraph in their insurance contract with our client’s employer, which said that she was not entitled to any money at all from that policy. Our team, headed up by Bob Greenberg, took the argument to the trial level, and then to the Appeal Court. As if that was not enough, a second legal issue was argued by the insurance company, and once again Bob and our team took the matter back through the trial court and on to the Appeals Court. Finally, the 3 judge panel in Newark, after hearing oral argument by Bob Greenberg and considering our Briefs, found in our client’s favor, that there was in fact insurance coverage for her from the employer’s policy.

So, after almost exactly 8 years, we were able to take her to Binding Arbitration on her claim for her injuries.  The three person Panel, headed up by a retired Judge of the Superior Court of New Jersey, unanimously awarded our client $875,000 for her injuries, from which there is no appeal.

The entire team at Aronberg & Kouser is gratified that we were able, after all this time and thanks to our commitment to do what was right for the client, to resolve her case in this way. Every case and cause is different, but we hope to offer that kind of commitment to all of our deserving clients, and appreciate your trust in us.

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Our Practice Focus
Injured hospital patient

Personal Injury

When you have been injured because of the carelessness or negligence of another person, you want an experienced and aggressive lawyer to ensure that your rights are protected.
Doctor & patient

Medical Malpractice

When you seek medical attention, you anticipate that at a minimum your condition won’t worsen because of the carelessness or negligence of physicians, nurses or other medical personnel.
Co-workers in building lobby

Workers’ Comp

In most instances, in the aftermath of a work-related injury you have the right to seek monetary benefits under state workers’ compensation laws, so that you can recover lost wages and medical expenses.

Family Law & Divorce

We understand that family law matters can be highly emotional, and that different solutions work for different clients.

Many people have the idea that when we file a lawsuit, we are suing the person. We are not. We are suing the insurance company that the person has been paying to protect them against a loss like this. The insurance company that this person has been paying for quite some time.

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