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

    Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...

    Read more

    Hillary Nelson

  • google
    5.0/5.0

    While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...

    Read more

    Catherine Connor

  • google
    5.0/5.0

    I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...

    Read more

    Farwa Faheem

  • google
    5.0/5.0

    On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...

    Read more

    Jackie Salyers

  • google
    5.0/5.0

    Robert Feinberg was an absolute delight to work with. My car accident was a horrific experience. Robert and his team secured the top dollar settlement possible for my case. It was a great decision to work with his team, from the very first com...

    Read more

    David Flood

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.