» Personal Injury Cases
Our client was traveling home after work along Route 93 North in Boston, MA when he was side-swiped by another vehicle that negligently attempted to merge into his lane. As a result of the collision, he suffered from whiplash injuries and an exacerbation of pre-existing headaches. A claim against the driver of the other vehicle for negligence was made and a claim against the underinsured policy of our client’s automobile insurance policy was made. The case against the other driver was settled for the policy limits shortly after a settlement demand package was sent and the underinsured claim was settled at the same time.
Settlement: $25,000.00 (policy limits) $21,000.00 (underinsured claim)
Our client, an avid cyclist, was riding his bike downhill at a fast rate of speed when a car negligently pulled out in front of him from a side street resulting in a collision. As a result of the collision, he was thrown off his bike and suffered several rib fractures, multiple abrasions, lacerations and permanent scarring. The accident happened shortly after dusk and the responding police officer found that our client was 50% responsible for the accident due to inadequate lighting and reflectors on his bicycle pursuant to M.G.L. c. 85 s.11B(8). We obtained several sworn statements from witnesses to the accident disputing the lighting conditions at the time of the accident and the case was settled shortly after a settlement demand package was sent to the insurance company.
Our client was the front seat passenger of a car in which the driver negligently made a left turn through an intersection, when it was struck by a speeding vehicle traveling in the opposite direction. Claims for negligence were made against the driver of the vehicle our client was traveling in and the driver of the vehicle traveling in the opposite direction. The operator of the vehicle traveling in the opposite direction was driving a rental car at the time of the accident resulting in the “stacking” of the driver’s personal auto insurance and the rental car insurance. As a result of the collision our client suffered an exacerbation of pre-existing back pain and an orthopedic expert was retained to render an opinion on causation and permanency of her injuries. The case settled shortly after a settlement demand package was sent to the insurance companies.
Workplace Injury – Trip and Fall
A retail store experienced a water leak. A water damage repair company was hired to repair the leak and perform water damage remediation. Numerous blower fans and electrical cords were used to dry the water damaged area. The blower fans and electrical cords were negligently placed throughout the building and not properly secured resulting in a tripping hazard. Our client, the store manager, tripped on an electrical cord and fell resulting in neck pain and a small laceration to her eyebrow. A Workers’ Compensation claim was filed and a third party personal injury claim was filed against the repair company. The case settled shortly after a settlement demand package was sent to the insurance company and a Section 15 petition was submitted to the Department of Industrial Accidents for settlement approval.
The vehicle our client was a front seat passenger in was broadsided by another vehicle at an intersection. As a result of the collision, our client suffered a “dashboard injury” to his knees and a meniscus tear to his right knee requiring arthroscopic surgery. The case settled shortly after a settlement demand package was sent to the insurance company.
A negligent driver failed to stop at a stop sign at an intersection and struck our client's vehicle resulting in our client suffering a torn rotator cuff requiring surgical repair. The responding police officer cited the negligent driver for failure to stop at a stop sign. The case was settled shortly after a demand package was sent to the insurance company.
Our client, a foreigner on vacation, was riding a bike along a street when a car negligently pulled out in front of him from a side street resulting in a collision. As a result of the collision, our client suffered from a fractured collar bone that required surgery. The negligent driver was cited by police and witness statements were obtained. The case was settled shortly after a settlement demand package was sent to the insurance company
Settlement: $100,000.00 (policy limits)
Our client’s car was struck by a car traveling in the opposite direction when the car negligently crossed over a double yellow line and entered into our client’s lane of traffic. As a result of the collision, our client suffered from neck pain, back pain and headaches. The client initially hired another lawyer to represent him and the lawyer refused to file a lawsuit as the case approached the three year statute of limitations. The client was unhappy with the prior lawyer and contacted our office. We took over the case and filed a lawsuit shortly thereafter. After extensive written discovery and depositions, the case was mediated and settled pre-trial.
A neighbor’s dog wandered into our client’s house with its leash still attached. While attempting to return the dog it lunged off our client’s porch and pulled the client down a flight of stairs resulting in neck pain, arm pain, and hip pain. The homeowner’s insurance company unsuccessfully argued our client was a “temporary keeper” of the dog and attempted to deny the claim. The case was settled shortly after a settlement demand package was sent to the insurance company.
Premises Liability – Defective Stairway
Our client rented a fourth floor apartment unit and suffered an ankle fracture when she lost her footing and fell down a common area stairway. An investigation of the condition of the stairway with a building code expert revealed the stairway included multiple tripping and pacing cadence hazards. These included a missing hand rail, stair tread depths that were not uniform and varied from 9 3/4 inches to 11 inches, and vertical stair risers that varied in vertical height from 6 3/4 inches to 9 inches. Claims were made for negligence, breach of the warranty of habitability, and breach of quiet enjoyment based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code against the owner of the property. The case was settled shortly after a settlement demand package was sent to the insurance company.