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Tavarez v. Esailiat: A Hudson County jury awarded $2.02 million on Dec. 9 on an uninsured-motorist claim by an Elmwood Park woman who suffered neck and knee injuries, and a dislocated jawbone, when her car was struck by another vehicle. But the carrier settled for the policy limit of $100,000 after the jury rendered its verdict.
Emely Tavarez, now 22, was driving west on Broadway in Paterson on April 12, 2013, when her car was broad-sided by a vehicle driving north on Summer Street that was driven by Kareen Esailiat, according to the suit.
Tavarez suffered dislocation of the right and left jawbones, requiring bilateral surgery. She also sustained a herniation in the neck and a sprained ligament in the knee. She suffers residual complications of the jaw and has pain and limitations in her neck, said plaintiff lawyer Alex Capozzi of Brach Eichler Injury Lawyers in Roseland.
She is studying to become an occupational therapist and had to re-take two semesters because of the accident, said Capozzi.
Esailiat had no insurance, Capozzi said. Tavarez filed an uninsured-motorist claim against her own insurance company, Allstate.
At a six-day trial before Superior Court Judge Joseph Turula, the jury awarded Tavarez $2 million for pain and suffering, and $27,500 in economic damages for missed schooling and for damage to her vehicle. But the UM limit on Tavarez’ policy was $100,000, leading to a settlement in that amount after the trial, Capozzi said.
Allstate was represented by Frederick Regenye of Kenneth Lipstein’s office in Westfield. Regenye did not return a call about the case.
The trial attorneys at Brach Eichler Injury Lawyers have decades of experience with personal injury litigation. We understand the difficulties accident victims experience. Our staff is especially skilled at dealing with medical providers and insurance companies to navigate these claims and allow you to focus on what is truly important - getting back to health.
If you have been injured in an accident, call us! We are here for you 24 hours a day. The consultation is free. You will not pay any fees unless we win your case, because here at Brach Eichler Injury Lawyers, it is all about getting results for you.