Representative Recent Personal Injury Settlements/Verdicts
The following are a few of the actual cases from actual clients of the Roncone Law Offices, P.C. Each was reported in the MA Attorneys trade weekly newspaper. Every case is different. The following is intended for informational purposes only. Results are not guaranteed.
- Pedestrian Automobile Accident
- Rear End Collision
- Supermarket - Wet Floor
- Stairway-Noncompliance with State Building Code
- Horseplay - Injuries to Minor Child
- Snow and Ice on Parking Lot
- Rear-End Collision - Back Injury
- Highway Collision - Auto vs. Parked Car
- Pharmacy Error - Chain Fills Wrong Prescription
- Wrongful Death - Mother and Unborn Child vs. Motor Vehicle Accident
- Rear End Collision - Struck From Behind While Stopped At A Red
- Rear End Collision - Struck From Behind
- Passenger Injured in Car Accident - Multiple Vehicle Collision
- Vehicle Passenger Injured by Low Impact Collision
Pedestrian Automobile Accident
Woman struck in crosswalk attempting to cross street
Case Name:
Pedestrian vs. Automobile Operator
Injuries Alleged:
Multiple fractures to the right leg or tibia; comminuted fractures involving the fibular head and fibular neck with impaction and displacement; right sacral and coccygeal fractures; multiple contusions, abrasions and soft tissue injuries.
Special Damages:
$35,800.00 (medical); $1,872.00 (lost wages)
Amount of Settlement:
$100,000.00 (policy limits)
Description:
Our client, a 28 year old pedestrian, was struck by a car as she was attempting to cross the street in Leominster, Massachusetts. The operator of the car (through investigation) admitted to driving while distracted and not paying attention to the road. Our client was brought by ambulance to the emergency room with multiple injuries including fracture(s) of the tibia and leg, neck injuries, hip injuries and soft tissue injuries. She was inpatient at the hospital for three days. She was discharged with a leg brace and cautioned against weight bearing on her injured leg. She returned to the hospital for pain management, injections and therapy. She continued treatment on her right knee injury. Over time, she graduated from brace to crutches. After several months of rehabilitation (rehab) physical therapy, she was again able to walk normally.
The Plaintiff was working as a worker at a large manufacturer of electronic equipment. She missed eighteen days of work due to her auto accident related injury.
The case settled for the policy limits ($100,000.00) of the insured motor vehicle operator who struck our client.
Rear End Collision
Woman injured while stopped at a red light
Case name:
Client vs. Automobile Operator
Injuries Alleged:
Neck injury, shoulder injury, hip injury, knee injury, cervical disk injury, cervical radiculitis, hand numbness.
Special Damages:
$12,700.00 (medical bills); no lost wages as client was a homemaker
Amount of Settlement:
(policy limits)
Description:
Our client, a mother of two young children, was rear ended while stopped at red light in Charlton, Massachusetts. The Defendant operator was cited by the investigating officer. Liability was not an issue. Our client was not taken to the hospital by ambulance and did not see a doctor until approximately one month after the accident. The client had an MRI which revealed slight disc bulge and mild straightening of the cervical spine (indicating spasm). She was prescribed an anti inflammatory medication. She treated with a neurosurgeon who ordered an EMG with negative findings. She opted for physical therapy over epidural injections for pain relief. She continued therapy for several months until terminating therapy on her own. The insurer took issue with the client's delay of treatment. The medical evidence related all injuries and treatment to the accident.
The client had difficulty caring for her two young children during her recovery period. She continued to perform home exercises. The case eventually settled for the policy limits of the insured due, in part, to the medical evidence indicating the severity of the injury and the likely degenerative affect of the trauma on our client's spine, which arguable, left her more susceptible to further difficulties in the future.
SLIP, TRIP AND FALL
Supermarket - Wet Floor
Case Name:
Client vs. Local Supermarket
Injuries alleged:
Torn rotator cuff, lower back injury
Special Damages:
$5,408.00 (medical); $2,400 (lost wages)
Amount of Settlement:
$65,000.00
Description:
The plaintiff, age 76, was shopping at the defendant's supermarket in Leominster when she reportedly slipped and fell on an accumulation of water on the floor. The plaintiff alleged the defendant was negligent to timely remove the water or provide adequate warning of the accumulation. The defendant contested the length of time the water was on the floor and whether the defendant had notice thereof.
On the date of the accident, the plaintiff went to the emergency room at Leominster Hospital with complaints of left wrist, shoulder and lower back pain. The emergency room staff diagnosed her as having a wrist and shoulder sprain.
She elected treatment with a local chiropractor, who referred her to an orthopedic surgeon for evaluation. The chiropractor resolved neck and back injuries.
The plaintiff followed up with an orthopedic surgeon who confirmed a torn rotator cuff (right shoulder) via an MRI and bone scan. Arthroscopic debridement of the rotator cuff tear as well as AC joint excision was recommended.
The plaintiff elected, primarily due to her age, not to proceed with surgery.
The plaintiff provided the insurer with projected future medical expenses (surgical) and detailed information relative to the plaintiff's likely post operative recovery period, which was anticipated to be lengthy.
PREMISES LIABILITY
Stairway-Noncompliance with State Building Code
Case Name:
Guest vs. Property Owner.
Injuries alleged:
Left wrist and pelvic fractures
Special Damages:
$79,905 (medical)
Amount of Settlement:
$125,000.00
Description:
The plaintiff, a 74 year old women, slipped and fell on the front steps of the building where she was a tenant. The defendant was her landlord. The plaintiff alleged that the stairway was not in compliance with the local building code, nor equipped with required handrails. The defendant insurer contested liability citing the defendant's property was exempt from building code requirements because of "grandfather" status. After the fall, the plaintiff was transported to the emergency room via ambulance. She was admitted inpatient and required surgery for a complex fracture of her left arm; she also had to wear a back brace for a fractured pelvis. The plaintiff was released and transferred to a skilled nursery facility where she remained. She received physical and outpatient therapy.
The plaintiff's treatment was interrupted as she was admitted to the hospital for an unrelated medical condition. Upon her release, she was readmitted to a skilled nursery facility. A further surgery on her arm occurred in which a bone graft was required. The plaintiff remained in the hospital. She was readmitted to a skilled nursery facility. When the plaintiff was discharged to her home, she received in-home care.
The case settled due to the serious nature of the plaintiff's injuries. The plaintiff passed away several months after the settlement from unrelated causes.
NEGLIGENCE
Horseplay - Injuries to Minor Child
Case Name:
Parent of Child vs. Homeowner
Injuries alleged:
Multiple fractures of left arm with resultant scarring
Special Damages:
$13,321.00 (medical)
Amount of Settlement:
$142,067 (including structured payout for minor)
Description:
The plaintiff and her minor child, then age 5, were visiting the home of the defendant in Leominster. At some point during the visit, the plaintiff left the room where her child was playing with the defendant, to use the phone.
A loud noise alerted the plaintiff where her child had been playing. The plaintiff returned to see her child on the floor suffering convulsions as a result of the fall. The defendant, also an adult, had been playing with the child, had allegedly thrown the child into the air and had failed to catch the child before he hit the ground. Upon impact with the ground, the child suffered multiple fractures of the left arm.
The child was taken to the hospital where he stayed for two days. A splint was inserted through a surgical procedure. Approximately a year-and-a-half after the surgery, the child developed complications from the plate attached to his bone. He underwent a second procedure to remove the plate.
During recovery, he developed an infection at the site. He was treated with various antibiotics and injections. Post surgery and recovery, the child exhibited a scar on this arm. The minor child was evaluated by a plastic surgeon who opined that the scarring was likely permanent. The minor plaintiff initiated suit in the Worcester Superior Court on various theories of negligence. The adult plaintiff mother filed a loss of consortium claim.
The case settled shortly after suit was filed. A petition of approval of minor's settlement was hear and allowed by the court.
SLIP, TRIP & FALL
Snow and Ice on Parking Lot
Case Name:
Plaintiff vs. Local Warehouse Chain Store
Injuries alleged:
Partial rotator cuff of left shoulder
Special Damages:
$14,000.00 (medical expenses)
Amount of Settlement:
$40,000.00
Description:
The plaintiff, a 69-year-old man, was at the defendant's parking lot in Leominster. Several steps from his vehicle, the plaintiff fell and injured himself on the slippery surface. The defendants' insurer, the store and plowing service argued that the plaintiff slipped and fell on a natural accumulation of snow and ice, hence, no liability attached.
The plaintiff successfully argued that the snow or ice that created the hazard - upon which the plaintiff fell - was no longer in its natural state. In fact, tire marks and rust allegedly had frozen underneath a natural accumulation of snow and ice, which had covered the tire ruts.
The plowing company and the defendant's insurer eventually settled on this point.
The plaintiff first presented himself at Leominster Hospital Emergency Room two days post-injury. He was diagnosed with a shoulder sprain and treated conservatively with his primary care physician and prescribed physical therapy. He received corticosteroid injections from a rheumatologist.
Approximately one year later, he was diagnosed with a partial rotator cuff tear. Some six months later, his orthopedist performed arthroscopy on his should to repair the partial rotator cuff tear. The plaintiff continued with therapy and steroid injections.
MOTOR VEHICLE NEGLIGENCE
Rear-End Collision - Back Injury
Case Name:
Plaintiff vs. Defendant Operator
Injuries alleged:
Lower back strain, nerve root impingement of spine
Special Damages:
$27,306 (medical expenses); $26,086(lost wages)
Amount of Settlement:
$553,326.00
Description:
The plaintiff - then a 26-year-old married mother of two minor children - was rear-ended in her vehicle by the defendant's vehicle while stopped at an intersection in Lancaster. The defendant was driving a truck in the course of his employment for defendant employer. The plaintiff was transported via ambulance to the emergency room.
Initially, treatment focused on a lower back strain. The plaintiff was referred to her first course of physical therapy. A MRI revealed disc bulging at L4-5 and L3-4. The plaintiff was treated by an orthopedic surgeon who recommended microsurgery/disentomb on L4-5. Surgery was performed. The post-operative recovery was allegedly not good. The plaintiff developed concentrated and consistent pain in the low back into her buttock and right leg. The plaintiff underwent a second series of physical therapy and received coati/steroid injections. A second MRI revealed post-operative enhancing reactive tissue (scar issue) at the laminectomy site.
The plaintiff underwent a third course of physical therapy and was treated by physiatrists over the next two years. She did not respond well to therapeutic modalities, including ongoing steroid nerve root injections and physical therapy. She reportedly developed pain while sitting, standing and walking.
The plaintiff's expert opined a 10 percent whole person impairment and a casual relationship to the motor vehicle accident. The defendant's experts opined a partial disability with restrictions.
The plaintiff reportedly had an episode where she fell at her home. A MRI revealed an additional disc bulge at L5-51. The defendant opined this as a new injury and the plaintiff argued her weakened condition contributed to her fall. The plaintiff continued to treat with prescribed narcotics to address her constant pain.
At the time of the motor vehicle accident, the plaintiff worked as a medical records clerk for an HMO. Immediately following the motor vehicle accident, she was out of work for six months. She attempted to return to work and reduced her hours over the next two to three years but was never able to tolerate full-time employment. Upon the advice of her treating physician, she went out of work permanently.
The case was mediated two weeks prior to trial and settled once week later. A portion of the settlement proceeds was placed in an annuity for the minor children's college fund.
Highway Collision - Auto vs. Parked Car - Settled for $50,000.00
Our client was traveling at night on a two lane highway when he struck a vehicle that was parked and abandoned in the right travel lane. The vehicle was parked without hazard lights turned on to alert oncoming traffic. Emergency services were called and our client was rushed to the hospital emergency room via ambulance. Our client suffered a head injury, concussion and facial cuts, bruises and lacerations which resulted in two small facial scars. The full insurance policy limits were obtained from the insurer of the abandoned car while our client also was compensated from the underinsured coverage of his own insurance policy. These claims were settled out of court.
Pharmacy Error - Chain Fills Wrong Prescription - Settled for $40,000.00
Our client was given a written prescription for high blood pressure by his primary care doctor. He presented the written prescription to a local branch of a national pharmacy chain. Unfortunately, the script was incorrectly filled with another medication that had similar spelling. The pharmacy continued to incorrectly refill this prescription over the course of the next five months. The error was eventually discovered by the treating physician when he called the pharmacy to renew the prescription. Our client's blood pressure fortunately was not affected, however, he experienced side effects from the wrong medication that were interpreted as symptoms of unrelated illnesses and disease. As a result, he experienced significant distress and consequently underwent several unnecessary expensive and invasive diagnostic studies. Additionally, he went without treatment for his high blood pressure which put him at a significant health risk. Monetary settlement was negotiated out of court.
Wrongful Death - Mother and Unborn Child vs. Motor Vehicle Accident - Settled for the Full Insurance Policy Limits
Our client, a 22 year old pregnant woman, was a passenger in a motor vehicle that was traveling on a rainy evening. Their vehicle was struck "head on" by the operator of a van. The impact of the accident was so serious that the young mother and her unborn child were killed instantly. Our clients were the estates of the young mother and her unborn child. Monetary settlement was negotiated out of court and the full policy limits were obtained for both estates.
Rear End Collision - Struck From Behind While Stopped at a Red Light - Settled for the Full Insurance Policy Limits
Young woman was driving her vehicle and stopped at a red light. Before the light turned green, she was struck from behind (rear-ended) by another driver. She sustained a neck injury or a cervical strain and a hip injury or strain (soft tissue). An MRI revealed she had bulging discs (in her neck or cervical area) at two locations. Her physician did not feel that the disc problems were causing her pain. She treated with physical therapy for about twelve weeks. She lost time from work and had significant lost wages. Monetary settlement was negotiated out of court.
Rear End Collision - Struck From Behind - Settled for $75,000.00.
Our client, an elderly woman, was driving her car and had stopped in traffic waiting to take a turn when she was struck from behind (rear-ended) by another driver. The impact was fairly light, however, the medical evidence revealed that she had sustained a cervical whiplash injury with strain and pain in her shoulders and thoracic region or upper back. As a young woman, she had a prior accident and sustained injury to her spinal cord which left her partially paralyzed in her lower extremities. Even prior to this accident, she was totally dependent on her upper body strength for ambulation, transfers and routine activities of daily living. We argued with the liability insurer that, despite her pre-existing condition and injury, she was nevertheless independent in all activities throughout her adult life. She worked full time outside her home and drove herself to work daily. We argued that as a result of her cervical and neck whiplash injuries and multiple strains, her overall health condition worsened. Monetary settlement was negotiated out of court.
Passenger Injured in Car Accident - Multiple Vehicle Collision - Settled for $34,500.00
Our client was a passenger in a motor vehicle that was "sideswiped" by another vehicle and pushed into a third vehicle. There were two other claimants with serious injuries involving fractures, hospitalization and extended rehabilitation. The available insurance policy was insufficient to compensate all of the damages suffered by each of the claimants. Our client was the least injured having sustained a partial torn cartilage or torn meniscus that did not require hospitalization or surgery. She received three weeks of physical therapy to her injured knee and recovered shortly thereafter. All claimants received a monetary settlement proportional to their injuries. In addition to recovering from the liable party, we were successful in obtaining additional settlement funds from the underinsurance coverage of the client's personal motor vehicle insurance policy. Monetary Settlement was negotiated out of court.
Vehicle Passenger Injured by Low Impact Collision
Front seat passenger suffers serious injuries despite low impact.
Case Name:
Passenger vs. Negligent Driver
Injuries alleged:
Right shoulder and neck pain, muscle spasms and tissue swelling of upper back.
Special Damages:
$ 8,000.00 (medical expenses) and a period of lost wages.
Amount of Settlement:
$ 40,000.00.
Description:
Our client was a 22 year old woman who was the front seat passenger in a vehicle that was sideswiped by another car in Leominster, Massachusetts. Her car was struck on the passenger side where the Plaintiff was seated. Although the impact did not cause significant property damage to the vehicle, the impact did cause significant injury to our client. Immediately after the motor vehicle accident, she was taken to the hospital in an ambulance. Her complaints were of pain in the upper thoracic and cervical areas. Tests revealed the Plaintiff had limited range of motion of the neck at all angles with spasms of the right shoulder and tissue swelling of the upper back.
She was documented as having an extensive soft tissue injury. She underwent a course of physical therapy and was ultimately evaluated by a Physiatrist who noted chronic cervical and thoracic strain, muscle hypertonicity and trigger points throughout her cervical and thoracic muscles. The Doctor also provided several osteopathic manipulations. Her treating doctor’s opined approximately thirty one weeks of disability from her employment as a rehab aide. She was reimbursed, in addition to her settlement, for a portion of her lost wages from her PIP carrier.
This case is significant given the position of the liability insurance company. They argued that a low impact collision could not have caused our client’s extensive injuries. Our office cited medical opinions, research and studies to demonstrate how low impact collisions have and can cause serious personal injuries.
