The right calcaneus fracture has left the client with an inability to walk more than two hundred feet, an inability to stand for more than 15 minutes, an inability to lift greater than 25 lbs. She has a 44% lower extremity impairment and an 18% whole person impairment. She is a candidate for a subtalar fusion or possibly a triple fusion because of the severity of the calcaneus fracture. Had the case been tried, there would have been testimony on this increased risk. We would have been sure to include this as an element of damages even though the risk of a fusion is just that, a risk.
The radiologist set out the extensive damage, including arthritis of both the left and the right subtalar joints. The client’s films were deemed “really impressive for the obvious drop in the talus from its normal position, for the crunching of the calcaneus, and for the completely distorted space between the talus and the calcaneus.” Another expert, a pre-eminent foot and ankle surgeon, had examined the plaintiff on two occasions and made a 44% impairment determination.
There was no loss of earning capacity for this very pleasant woman.
On December 1, 2012 at approximately 6:15 A.M., the client, then 57 years of age, was walking in the parking lot of a coffee shop when she was suddenly struck from behind by an ambulance on her left leg. We argued that our client was very visible: wearing a pink hat, carrying a bright blue bag, and wheeling a small, neon striped overnight bag.
The client was admitted for 11 days, was diagnosed with a liver laceration, head, neck, pelvis and chest pain, a fractured 12th rib, torn ligaments in the left knee, and abrasions on her left leg. Upon discharge, she was transported to a rehabilitation facility where the client remained for three months.
Subsequently, the client underwent 9 more surgical procedures, including probing, tunneling, several debridement, and blood transfusions, all resulting in much pain and physical limitations. Finally in August 2013, the wounds were closed. Since that time, the client has had numerous outpatient visits, physical therapy and even cortisone injections in her neck. As of this date, she has not been discharged from physical therapy.
Prior to the accident, the client was very independent and a touchstone of support for her family. That has changed. Furthermore, simple pleasures – walking, wearing high heels, volunteering at senior centers – and life’s more tragic elements, such as attending two of her sibling’s funerals, are things she missed or can no longer do.
Loss of earning capacity was asserted by the office although the client had not been working at a steady job since 2010. However, she had had a very good earnings history from 1993 to 2010 which allowed for our presentation on this element of her damages.
Our client was the driver on Route 195 in Attleboro when he came into collision with another vehicle. The only witness was a co-worker of our client but he never was willing to give a statement or a deposition. As a result, the case became a dispute between just the two drivers. Our office took a video deposition of the defendant so that if the case were tried, the jury could see the facial expressions and any delay in answers. Sure enough, the defendant made a mistake: she testified that after the collision she ran over to the client and then instantly called 9-1-1. However, earlier in her deposition she testified that the phone was in her purse and on the floor of the passenger side of her car at all times. The question then became: if she got out of the car but left her phone in the purse and in the car, how could she instantly call 9-1-1? When confronted with this seeming contradiction, the defendant answered, “I don’t really recall.” This compromised her credibility. Moreover, her hesitation was on video and would have been shown to the jury had the case been tried later in the month.
By overcoming the liability issues that ordinarily come about in an unwitnessed accident, we were able to obtain full recovery for the many fractures suffered by our client.
The client, a remarkably active elderly woman, suffered a significant brain injury, known as a subdural hematoma. She was an inpatient for three weeks but essentially made a remarkable recovery and required no further medical treatment after her discharge. Nevertheless, we pursued the point that this was a life-changing event for this lovely woman and received a very favorable recovery.
Our client was operating a motorcycle when he was struck by an at-fault driver. His injuries were three surgeries to the left ankle, in which a plate with screws were inserted, then removed and a subsequent infection was treated. Post-traumatic arthritis has already been seen on films. The client led a very active lifestyle prior to the accident and, despite his motivation, suffers from some physical impairment of the lower leg. An orthopedist who specializes in lower extremities, assessed “a 10% whole person impairment and a 24% permanent lower extremity impairment.”
There was no loss of earning capacity.
Feinberg & Alban PC represented two high school students who were passengers in a one car accident. These students were athletes at a suburban Massachusetts high school in the Metrowest area. Initially, our firm was contacted by the parents of only one of the young men. They were so pleased that they recommended the firm to the parents of the second. Once it was determined by Feinberg & Alban PC that there was no conflict in representing both boys and their families– and, indeed, their interests were consistent– Feinberg & Alban PC was able to obtain a very substantial recovery. The recovery has significantly improved the prospects for both boys and minimal involvement was required from each in obtaining the successful result.
The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.
Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.