WRONGFUL DEATH
A 42-year-old Newton teacher was killed by a vehicle operated by a family member, leaving a wife and son. The mid-six-figure settlement included all funds from all available insurance policies and personal contributions by the family member.
A 55-year-old mother of two from Watertown was a passenger in her own vehicle, being driven by a friend when it went off the road and resulted in her death. In addition to the policy on her vehicle, we were able to locate insurance coverage for the driver and settled the case against both insurers for the maximum policy limits.
HEAD INJURIES
A 52-year-old male contractor from Littleton was the driver of his vehicle, which was struck head-on by another vehicle. He sustained the following injuries: Closed Head Injury with concussion, Post-Concussive Syndrome, and Headaches, Depression, Insomnia, Diminished Libido, and Post-Traumatic Ageusia (Lack of Sense of Taste). The claim was settled at Mediation for $60,000.
A 20-year-old Wilmington man was a passenger riding in the bed of a pick-up truck involved in an intersection collision. Among other non-disabling injuries, he sustained a Closed Head Injury, with concussion, resulting in Headaches and Loss of Sense of Smell. The case was settled on a Structured-Settlement basis with payout in excess of $90,000.
A 3-year-old boy fell from a pile of wooden pallets near a store close to his Saugus home and suffered a skull fracture. He spent two days in the Hospital and made a full recovery some time thereafter. An attractive nuisance theory was argued and the matter was settled with the insurer for the landowner in the amount of $30,000 (plus $5,000 in Medical Payments).
A 9-year-old boy from Framingham was struck by an uninsured automobile while crossing the street and sustained a Closed-Head Injury with Loss of Consciousness. A claim was made under the terms of the policy of his deceased father who was not married to his mother, with whom the child lived. Injuries were contested, as was liability. The matter was settled on a Structured Settlement basis (the pay-out, excluding legal fees and including an up-front amount to the clients) exceeded $55,000.
MULTIPLE INJURIES
Our client was a retired pedestrian who split time between homes in Florida and Hull. He was struck by a car and suffered a right knee fracture and compression fracture of his lumbar spine. We resolved the case for the maximum insurance coverage: $120,000 Bodily Injury and Underinsurance policies.
On the way to their Medford home from the hospital with their newborn daughter, a 25-year-old wife and her 27-year-old husband were seriously injured in an intersection collision. The woman had an elbow fracture and a head injury with facial scarring. Her husband sustained a neck fracture and disc herniations. Both cases settled at mediation for $400,000 each.
A female administrative assistant, age 56, was a passenger in a rear-end collision and she sustained an acute cervical sprain, lumbar sprain with sciatica, piriformis muscle syndrome, sacroiliac dysfunction, trochanteric bursitis, and facet syndrome. Although our client lost no appreciable time from work, the underlying (Minimum Policy) claim was settled for $20,000 and an Underinsurance Motorist Claim was settled for an additional $37,500.
A 35-year-old postal carrier from Dedham being chased by a dog jumped over a fence to escape the attack. He sustained a lower back injury, which disabled him from his work. Although there was no contact by the dog, we reached a settlement of $60,000.
Our 45-year-old Dedham client was a passenger in a car involved in a three-car accident (one car was a hit and run vehicle). He sustained the following injuries: cervical strain; L5-Sl disc herniation and L4-5 disc herniation crowding the Cauda Equina with Urinary and Erectile Dysfunction; and anxiety disorder. The matter was arbitrated, and an award of $150,000 was rendered. The full Bodily Injury, Uninsurance and Underinsurance policy limits (totaling $100,000) were paid.
An 87-year-old pedestrian from Newton was struck by a vehicle while crossing a street at night, in dark clothing and far from the crosswalk. He suffered several fractured ribs. Despite a vigorous defense, including a witness who stated that the driver was going within the speed limit and could not have avoided the accident, we settled his case for $87,500.
NECK AND BACK INJURIES
The 62-year-old man from Newton, driving a Post Office truck suffered a neck injury and we obtained an Arbitration Award of $70,000.
One of our clients, a 40-year-old male kitchen installer from Bedford, suffered a herniated disk in his lower back as a result of an intersection auto accident. We obtained an Arbitration Award of $112,000.
A 35-year-old woman, living in Norfolk, suffered a cervical disc herniation in a collision; we reached a structured settlement with a guaranteed payout of $225,000.
Our client, a 47-year-old Wellesley woman, driving in the course of her employment, was struck head-on and sustained cervical and lumbar injuries. We obtained payment of Workers Compensation medical bills of $31,163, disability payments of $83,538.17, and a bodily injury settlement of $155,000.
A 46-year-old Randolph woman claims reviewer for a health insurer suffered two (2) fractured ribs, and a L4-5 left lateral/interforaminal disc herniation with resulting left lumbar radiculopathy, in an intersection auto accident. She lost seven (7) weeks of work and suffered from her injuries for more than two (2) years when the Insurance or Independent Medical Exam doctor substantially agreed with the treating doctor on her permanent partial impairment. Medial bills were approximately $10,000 and Lost Earning Capacity was approximately $4,000. The claim was finally settled for $60,000.
BACK INJURIES
A Washington, D.C., woman who was visiting the Boston area was a passenger in a rear-end accident and suffered a herniated disk at L5-S1. The insurer's first offer was $4,000.00; after litigation, her case was resolved at $40,000.
A Somerville woman was reaching into the trunk of her parked car when it was hit by a bus. We recovered her medical bills from the insurer of the parked car and $30,000 from the insurer of the bus for her lumbar injury.
A retired executive from Wayland suffered an exacerbation of a pre-existing lumbar condition in a two-vehicle collision. His treatment was primarily chiropractic. After an initial offer of $22,000, we were able to resolve his case for $60,000.
WRIST AND HAND INJURIES
A 20-year-old college student from Watertown who was a passenger in a two-vehicle accident suffered a left wrist fracture. We were able to promptly obtain the $100,000 policy limit and negotiate a substantial reduction of the health insurer's lien.
A 64-year-old married, retired nurse assistant from Natick had bi-lateral wrist fractures from airbag deployment in front-end auto accident. We obtained an Arbitration Award of $157,000 for her injuries and $25,000 for her husband's loss of consortium.
When a 60-year-old retired executive assistant fell on some stairs in her Lowell condominium complex, allegedly because there were no handrails in that particular stairwell (others had handrails) and broke her wrist, we were able to resolve her claims for approximately $38,000, including about $5,000 in Medical Payments benefits.
In an auto accident a 42-year-old married medical technologist suffered a wrist fracture and underwent surgery. After Mediation, the case settled for $190,000.
A 40-year-old married mother and owner of a dog-grooming business in Middleton was a passenger in a vehicle that collided with another vehicle. As a result of the impact, the airbags deployed and smashed into the client’s left hand, causing her to sustain the following serious and permanent injuries: Comminuted Intra-Articular Fracture at the base of the Middle Phalanx, left ring finger, requiring surgery (closed reduction and external fixation); Extension Contractures of the Left Ring Finger and Middle Finger Proximal Interphalangeal Joints, requiring Capsulectomy and Extensor Tenolysis; Left Temporal Strain; Cervical Sprain; and Left Shoulder Strain. The claim was settled for the $100,000 policy limit and a substantial reduction of the health insurer’s lien was negotiated.
Our client was a 66-year-old female from Newton who fell in a department store. She sustained an injury to her right hand, which had been deformed since birth. Despite the store’s denial of liability, the pre-existing condition, and the minimal additional disability caused by the accident, we achieved a settlement of $47,000 and a significant reduction of the health insurer’s lien.
SHOULDER INJURIES
A woman who was injured in a rear-end automobile accident suffered a neck and shoulder injury (rotator cuff tear). We collected Bodily Injury and Underinsurance benefits totaling $65,000.
A 40-year-old kitchen cabinet installer from Bedford sustained a left rotator cuff tear in a rear-end accident. After a minimal offer by the insurer, we arbitrated the case to an award of $80,000.
A 62 year-old part-time school bus driver injured his left shoulder in a motor vehicle collision; liability was initially denied, and the client contacted our office because of the outstanding car rental charges. After we filed suit and conducted discovery, and over two and a half years after it had first denied any liability, the third-party insurer settled the Bodily Injury claim by paying its $50,000 Policy Limit and client’s own insurer settled the Underinsurance claim for an additional $34,000; we also recovered over $33,000 in Medical Benefits and Lost Wages from the client’s insurer. The claim for rental charges was also settled with the third-party insurer.
A 68-year-old retired Framingham man fell leaving a restaurant and sustained a right shoulder injury with dislocation, requiring orthopedic surgery. The stairs were within the applicable building codes but there was no clear definition at the edges of the steps, creating a deceptive condition and causing our client to miss a step; red markers were placed on the edges after his fall. After much negotiation, primarily on the liability issues, the claim was settled for $125,000 with contribution from both the restaurant and the architect/builder of the stairs.
IMPINGEMENT SYNDROME
A leasing agent from Wellesley was rear-ended and sustained neck and shoulder injuries: disc displacement and shoulder impingement syndrome. We arbitrated the case to an award of $94,000.
An executive assistant from Wakefield was the driver of a car struck by a stolen car. She suffered a neck and shoulder injury. In an uninsured motorist claim brought against her own insurer, an Independent Medical Examination (IME) showed that, in the future, the client might require shoulder surgery. We pursued an Uninsured Motorist claim and obtained an Arbitration Award of $300,000 for her injuries and $30,000 for her husband's loss of consortium.
TMJ (TEMPOROMANDIBULAR JOINT) AND JAW INJURIES
Our client was a 22 year old Tewksbury woman, rear seat passenger in a taxicab which was proceeding straight on the main roadway, when it collided with a vehicle that pulled out from a parking lot. Her face struck the dividing partition, causing her to sustain a temporomandibular joint injury. In a claim against the drivers of both cars, we were able to obtain an Arbitration Award of $50,000.
A 27 year old Roslindale woman suffered a TMJ injury in a two-vehicle highway accident. We structured a settlement: $365,000 immediate payment, and future payments of more than $240,000, for a total of more than $600,000.
INJURIES TO CHILDREN
An 8 year old child fell from a swing at her Franklin home and suffered a broken arm. We recovered $30,000 plus $5,000 in medical payments coverage from the professional child-care company her parents had retained, on a theory of negligent supervision.
DOG BITES/ANIMAL ATTACKS
An 11 year old girl from Franklin was bitten on the face by a neighbor's dog. Her medical bills were approximately $4,000 and the ultimate scar was 2 cm long. We mediated her case to a resolution of $160,000.
A 27 year old man was bitten on the face by a stray dog which had jumped into the lap of an acquaintance who was sitting in a parked car. Exhaustive investigation with the Police and Animal Control Officers of the small town where the incident occurred revealed the identity of the owner. The scarring on his face was hardly gruesome, but it was permanent. The case was settled for approximately $33,000 including $2,700 in bills.
An unprovoked attack by a dog on a 70-year-old Lexington homemaker left her with scars on her legs; we settled her case for $90,000.
SLIP AND FALLS/GENERAL LIABILITY
An 83-year-old Roslindale woman suffered a hip contusion when she was hit by an over-loaded grocery cart being wheeled by a store employee. Her case was settled for $12,500.
A Dedham man fell on a hole in a restaurant floor where an employee had removed a grate/cover. He suffered contusions to his left shoulder and knee, and we recovered $24,000.
In Natick, a 71-year-old retired bank teller who was exiting a store tripped on a ¾" discrepancy in the height of the walkway. She suffered fractures of her right arm and shoulder and underwent four surgeries. We resolved her case for $264,000. | 
