Search Site
Menu
Bicyclist Struck in Intersection Sustains Fracture

Bicyclist Struck in Intersection Sustains Fracture

Decreased mobility results in loss of muscle mass, limp
$500,000 settlement

The 49-year-old plaintiff was riding her bicycle across an intersection when she was struck by a corporate vehicle.

The plaintiff suffered a Grade 1 open fracture of the left midshaft tibia and fibula, requiring surgery to implant a locking nail-and-rod mechanism into the length of the tibia as well as a screw into the left medial malleolus for stabilization.

She remained an inpatient for 21 days, including stays in the hospital and at a rehabilitation facility.

The plaintiff’s medical bills totaled $81,862. Loss-of-earning capacity was difficult to establish because she had not been gainfully employed for several years.

The plaintiff was left with severe scarring and tenderness over the fracture and surgical sites and persistent pain from the friction of the medial ankle screw. Her decrease in mobilization resulted in a loss of muscle mass in the left lower extremity, as well as a slight limp.

The insurer agreed to mediation, and the mediator valued the case at $500,000. Each side was afforded two weeks to respond in confidence, whereby a response of “no” would not permit that party to hear the other’s response.

Both parties accepted the mediator’s figure, and the case settled within nine months of the plaintiff’s firm assuming representation.

  • Type of action: Motor vehicle negligence
  • Injuries alleged: Grade 1 open tibia-fibula fracture requiring
    locking rod & nail; medial malleolus fracture requiring pinning
  • Name of Case: Withheld
  • Court/case no.: Suffolk Superior Court, no. withheld
  • Tried before judge or jury: N/A (mediated)
  • Name of Mediator: Tom Porter, Case Closed
  • Special damages: $81,862
  • Amount of settlement: $500,000
  • Date: October 2007
  • Attorney: Robert I. Feinberg, Feinberg & Alban, Boston
    (for the plaintiff)
Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

    Read more

    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

    Read more

    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

    Read more

    Jason Lebovitz

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form