Motor Vehicle Struck By Bus {Motor Vehicle Accident} Settled For $85,000

8/15/2016

Motor Vehicle Struck By Bus {Motor Vehicle Accident}

Attorney Perrault’s client was stopped in her vehicle waiting to take a left-hand turn when she was struck from behind by a bus. The claim was complicated by the fact that the client’s husband, who was a passenger, sustained no injury. The client on the other hand sustained injury to her shoulder, including a partial rotator cuff tear. The insurance company attempted to argue that this was a pre-existing injury and that the fact that the husband was not injured was proof that the wife did not sustain injury in this accident. The insurance company’s only offer on the case prior to trial was $5,000.00. After a three day jury trial, the jury began deliberations. The client accepted the offer of $85,000.00 while the jury deliberated. Since the jury had spent substantial time deliberating, the Judge allowed counsel to speak with the jury in order to determine what their verdict would have been. The 14-person jury revealed that its award would have been $235,000.00 in favor of the client. With interest at 12% per year from the date of filing of the lawsuit, the total verdict would have been about $300,000.00.

Closed Head- Traumatic Brain Injury {Motor Vehicle Accident}

Attorney Perrault’s client, a New Hampshire resident, was struck at a moderate rate of speed by another vehicle. At the moment of impact, he struck his head hard on the inside of his vehicle. The client began to exhibit symptoms including loss of memory and headaches. The at-fault party’s insurance company paid its $20,000.00 policy limits. Thereafter, an underinsured motorist (UM) claim was made against the polity of the client. UM coverage is triggered when the at-fault party’s insurance coverage is insufficient to compensate the injured party. Initially, the UM carrier treated the matter as a “soft tissue” injury and offered only $20,000.00. Through use of a neurophysiologist, and the testimony of family, friends, and former co-workers, Attorney Perrault, as co-counsel, was able to document a closed head injury and traumatic brain injury sustained by the client. After lengthy mediation, the UM matter was resolved in favor of the client in the amount of $337,000.00. Therefore, the total recovery was $357,000.00.

Work Related Motor Vehicle Accident {Worker’s Compensation Lien & Third Party Recovery}

Attorney Perrault’s client was a passenger in a motor vehicle while in the course of his employment in Massachusetts. The motor vehicle was rear ended which caused the client serious lower back injuries. Because the client was in the course of his employment, he received substantial medical care and disability payments through worker’s compensation. Those benefits totaled over $11,000.00. In Massachusetts, worker’s compensation carriers have a “lien” against the personal injury claims of the client. In other words, from the personal injury recovery the worker’s compensation carrier has a right to be reimbursed for what it paid for medical bills and disability payments. A claim was filed against the driver of the auto which rear ended the client. The limits of that policy were $100,000.00. Attorney Perrault was able to negotiate the $100,000.00 policy limits. Additionally, Attorney Perrault was able to negotiate a full waiver of the $11,000.00 plus worker’s compensation lien. Moreover, Attorney Perrault was able to negotiate an additional $15,000.00 contribution from the worker’s compensation carrier. The full recovery, then, totaled $126,000.00.

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