Category: Verdicts and Settlements

75,000.00

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Injury

Concussion, life threatening laceration to neck, cervical fracture.

Challenge

Cyclist client knocked unconscious following high speed collision with mini-van. Due to concussion cyclist has no memory of collision other than he was travelling through intersection on green light and van came out of nowhere. Police interpret scene and witness statements to fault cyclist with illegally passing minivan on right and then getting caught in blind spot when van turned right. Out of state insurance carrier denies liability and further denies “no-fault” coverage for nearly $80,000 in uninsured medical costs.

Result

Suit filed against out of state driver. Deposition testimony and scene investigation establish that mini-van driver was travelling in opposite direction and was struck by oncoming cyclist while making a left turn. Personal injury settlement includes a reduction and full discharge of the medical/hospital lien. $75,000

80,000.00

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Injury

Older client suffers fractured hip requiring hospitalization and surgery after falling on wet carpeted incline outside New Jersey Hotel.

Challenge

Insurance carrier for hotel denies liability or existence of any dangerous defect in walkway surface despite unusual grade change that is covered in carpet and allowed to become slick in rain.

Result

Counsel retains safety expert to review photographs of scene and conduct scene analysis in New Jersey. Personal injury suit filed through local firm in New Jersey. Case settled week of trial. $80,000

110,000.00

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Injury

Premises Liability: 17 year old allowed to test drive all terrain go-cart vehicle in parking lot of retail establishment. Young driver flips vehicle in parking lot when he encounters accumulation of sand at high speed. Crush injury and burn to left arm and hand results in permanent scarring.

Challenge

Defense denies premises liability and asserts seventeen (17) year old should have known risks of driving vehicle. Retailer provided no instruction or warning prior to test drive. Available safety harness was covered with packaging plastic wrap and not engaged during test drive and crash.

Result

Settled prior to trial at mediation for $110,000.00

117,000.00

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Injury

Dog Bite. Young boy attacked by chained dog in neighbor’s yard. Serious facial lacerations which result in permanent scarring.

Challenge

Homeowner’s insurance carrier denies coverage for claim and files suit against homeowner and injured boy’s family to seek opinion from Court supporting their denial of personal injury coverage under applicable homeowner’s policy. Policy limits $100,000.

Result

Settled prior to trial pursuant to structured settlement for present day and future benefits. $117,000

120,000.00

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Injury

Fractured back. 17 year old passenger in roll over crash in New Hampshire during road race between two cars.

Challenge

Bus company blames man for standing in aisle on near empty bus, denies inattentive driving caused violent lurching stop resulting in personal injury.

Result

Suffolk Superior Court, Boston, MA. Settled at trial. $120,000

132,500.00

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Challenge

General Contractor and sub-contractor for construction project each deny premises liability and blame injured plaintiff for walking through unlighted garage area in where open pit is located. Plaintiff establishes that both parties were responsible for overall safety of worksite and regular exit of building was blocked by construction debris, thereby leaving unlighted garage as only available exit from building. Plaintiff’s expert establishes numerous construction site safety violations under both OSHA and State Building Code regulations.

Result

Settled prior to trial at mediation for $132,500.00

150,000.00

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Injury

Ruptured biceps tendon. Retail store drops 27′ T.V. on man at their courtesy counter.

Challenge

No offer to settle. Store denies responsibility and blames customer for injuries.

Result

Jury Verdict Hillsborough Superior Court, Nashua, NH. $150,000

180,000.00

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Injury

Middle aged client suffers low back injury following rear end collision. Medical bills totaling $72,000 with lost wage claim.

Challenge

Defense challenges the severity of the injury and course of treatment including fact that client returned to full time physical work for eight months before lower back condition deteriorated to point requiring surgery, L2-L3 discectomy.

Result

Personal injury suit filed after case referred to B&V by prior counsel who could not settle case. Pre-trial private mediation results in settlement. $180,000

215,000.00

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Injury

Broken arm (humorous bone), torn rotator cuff

Challenge

Married father of two recently back to work following long period of unemployment. Driving home from work, sitting in traffic, he is struck from behind at high speed, resulting in broken humorous bone and torn rotator cuff. Due to personal injury, surgeries and recovery time, client unable to return to work and newly acquired job is lost.

Result

Rather than waiting for medical end-point to be reached before beginning settlement negotiations suit is filed immediately. Litigation proceeds quickly through discovery process to identify all available insurance coverage and the status of the defendant driver and his employer/corporation. Pre-trial personal injury settlement reached early to put client and his family back on track financially. $215,000.00

695,000.00

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Injury

Healthy, active, 21 year old injured in rear end car collision. Client sustains back and neck injuries resulting in permanent nerve damage (occipital neuralgia) and recurrent debilitating headache. Client forced into honorable medical discharge from Army National Guard Unit, left with 6% whole person permanent impairment.

Challenge

Client settles initial personal injury claim against responsible driver for policy limits of $20,000 but his own insurance carrier will not make offer to compensate him under UNDERINSURED provisions of his own policy, carrier refuses to submit claim to arbitration and forces client to file suit to recover any portion of his own insurance policy.

Result

Jury trial proceeds in Hillsborough Superior Court, Nashua, NH (December 2009). Insurance carrier makes first offer of $40,000 at jury selection, increase offer to $60,000 at trial. Client rejects low offers well below his original demand, which is within the available remaining policy limits of $230,000. Jury returns verdict against insurance carrier of $695,000.