Category: Car and Motorcycle Accidents

Injury

Pedestrian was struck and run over twice.

Injuries sustained:

1. Right C6 pedicle fracture;
2. Left occipital condyle avulsion fracture;
3. Multiple rib fractures (right 2-9 and left 2-10) with flail segment (this occurs when 3 or more contiguous ribs are fractured in 2 or more places).
4. Right pneumothorax and bilateral hemothorax;
5. Right and left pulmonary contusions;
6. Retrosternal hematoma;
7. Proximal celiac artery dissection;
8. L4 vertebral compression fracture;
9. Left scapula fracture;
10. Left pubic ramus fracture;
11. Right adrenal gland hematoma with active bleed;
12. Degloving injury of left elbow
13. Left buttock laceration;
14. Complex right facial laceration; and Left hand burn.

Result

Settlement reached for $1,052,500

Injury

Client slips on asphalt walkway outside of her place of employment in February 2020 walking into work from employee parking lot. Injuries include partial tear of patellar tendon, damage to tendons on left hand small and ring finger, abrasions and cuts to both hands and knees.

Challenge

Plaintiff asserts slip and fall on the dry asphalt walkway was caused by an accumulation of granular rock salt on the dangerously steep walkway without stairs or railings. Rock salt was spread on adjacent parking lot by landlord’s snow and ice removal contractor the previous day. Defense claims rock salt was a necessary condition to treat recent snow and ice accumulation, and obvious to any New Englander in winter months. Further, the landlord claims the walkway was safe as constructed and was required to meet building/safety codes for ingress/egress at its location. Landlord’s insurance carrier denies liability, offers only $5000 to settle at mediation and then withdraws the offer after mediation.

Bowser Law takes selected jury on view of premises in yellow school bus before evidence starts to view unchanged walkway where fall occurred. View also includes previously constructed and existing walkways from the same parking lot leading to plaintiff’s workplace that incorporate railings and stairs to address grade change from parking lot to building. Lastly, the view makes obvious the experience of the landlord based on his massive, complex and diverse commercial development holdings on site. Defendant landlord admits he installed asphalt walkway to cover and replace a dirt “goat path” that was created by employees taking most direct route across landscaping from main parking lot to building but he did not consult an engineer or architect. Bowser Law calls safety/building code expert to explain to jury how dangerous walkway is as constructed, why rock salt created a hazard on steep slope.

Result

Jury returns plaintiff’s verdict of $425,000 reduced by 25% for comparative fault. Court awards statutory interest and taxation of plaintiff’s costs to defendant landlord. Net recovery exceeds $3750,000.

The Injury

47 year old struck by vehicle resulting in fracture of right tibia plateau requiring surgery

The Challenge

Bowser Law successfully negotiates settlement with responsible driver for his policy limits of $100,000. Client has an additional $150,000 available through her underinsured coverage with her own automobile insurance carrier. Her carrier offers only $79,000 to settle this underinsured benefits claim. Bowser Law retains an expert orthopedic surgeon witness to summarize the injury, necessary treatment, future surgery, loss of function and the real life impact on this active woman’s life, to include work accommodations at her job as a hair stylist working on her feet all day. Supplemental demand results in full policy limit settlement for combined $250,000 recovery.

The Injury

Traumatic Brain Injury to Child

The Challenge

Family of four (4) involved in serious three (3) car crash triggered by young driver who fell asleep at wheel crossing over double yellow line into oncoming traffic. NH case referred to Bowser Law by Massachusetts counsel. Initially it appears the family’s two minor children are properly seated in car seats and suffer only minor injuries.

 

Two (2) year old client passenger develops serious neurological symptoms months after the accident. Due to extraordinary medical care/intervention she avoids life threatening complications of brain aneurysm and has successful surgical outcome. Treating physicians causally relate her traumatic brain injury to the recent car crash. Responsible driver has only limited third party coverage and the passenger and driver of the third vehicle have bodily injury claims against same policy.

The Result

Bowser Law conducts asset search on responsible driver and confirms limited auto policy is the only source of recovery against this driver. Settlement reached with his insurance carrier, taking into account claims by other parties. Bowser Law then obtains full policy limit settlement for minor child from her father’s applicable commercial underinsured coverage. $300,000 settlement structured to pay minor $747,000.

Injury

Client Plaintiff killed in three car motor vehicle accident triggered by young driver passing illegally at excessive speed.

Challenge

The Defendant/Juvenile is uninsured, without assets, and subject to extensive criminal investigation and prosecution. Bowser Law works with victim’s surviving spouse and family as liaison to Prosecution, Court system DMV and insurance carriers on victim’s rights, restitution and coverage issues. Ultimately, uninsured motorist benefits utilized to maximize recovery on wrongful death claim.

Result

Uninsured motorist claim on wrongful death settled for policy limits of $250,000.

Injury

Elderly disabled woman struck by car while crossing street and suffered fractured femur and hip contusion. Additional diagnosed with Post-Traumatic Stress Disorder.

Challenge

Plaintiff generated significant medical records from numerous providers that needed to be carefully examined to generate full estimate of injuries in light of pre-existing conditions. Insurer seeks to impose comparative fault on pedestrian crossing busy street at night. Bowser Law establishes client is within marked cross walk and would have been visible to driver, even at night.

Result

Settled for insurance policy limits of $100,000.

Injury

45 year old client sustains fractured ribs, knee and back contusions and concussion in head on collision with second vehicle. Client out of work due to post concussion symptoms for two (2) months eventually making full recovery.

Challenge

Crash resulted in fatality of passenger in other vehicle and client is initially investigated as possible DUI. Bowser Law represents client in both criminal case and claim for personal injuries. Administrative license suspension vacated based on illegally seized blood alcohol result. Client determined not at fault for head on collision, as other vehicle crossed into his lane of travel. DWI investigation ends with no charges filed. 100% liability of other driver for crash established.

Result

Settled for insurance policy limits of $100,000.

Injury

Head injury, TMJ with lasting effects, shoulder injury leading to surgery and Post Traumatic Stress Disorder.

Challenge

Proving impairment and intent of defendant and causation of plaintiff’s injuries.

Result

$135,000 settlement reached after mediation.

Injury

Sixty-five (65) year old client was struck and killed by a drunk driver who was also texting immediately prior to the collision.

Challenge

At the time of his death, the Decedent was retired and morbidly obese, with numerous serious health conditions. Therefore, the Decedent’s monetary loss and life expectancy were in contest and were major factors in assessing the value of the Decedent’s life. Toxicologist expert retained to determine true number of alcoholic drinks consumed by Defendant based on Blood Alcohol Content. Expertise of Drunk Driving Defense to successfully serve personal injury client.

Result

After a pre-litigation mediation, the Estate claim settled for $1,500,000.00. No prior offers.

Injury

The clients were two (2) of four (4) pedestrians that were struck by a drunk driver. Victim #1 suffered permanent scarring on her foot and eyebrow, various contusions, soft tissue damage to her back and great emotional distress. Victim #2 suffered shoulder strain, sprained foot and great emotional distress.

Challenge

The Defendant contested the nature, extent, severity, duration, and proximate cause of the Plaintiffs’ injuries and damages. Proceeded to trial after low ball offers (less than half what was awarded at trial).

Result

After a jury trial, the jury returned a verdict for the Plaintiffs in the amount of $85,000.00, breaking down as $50,000.00 for Victim #1 and $35,000.00 for Victim #2, plus interest and costs.