Search Site
Menu
Collision Leaves Motorcyclist with Multiple Injuries

Collision Leaves Motorcyclist with Multiple Injuries

Renal-disease diagnosis a hurdle in plaintiff’s case
$475,000 settlement

The 45-year-old plaintiff was injured when his motorcycle was rear-ended by a commercial van while he was stopped at a red light.

The plaintiff suffered a burst fracture of the T12 vertebrae and a wedge-compression fracture of the L1 vertebrae. As a result of the fractures, the T12 vertebrae suffered a loss in height of 50 percent, and the L1, 20 percent.

The plaintiff was treated with physical therapy for seven months after the accident but was unable to continue due to a busy work schedule.

A serious complicating factor on damages was the plaintiff’s diagnosed end-stage renal disease, which meant that he was a candidate for a kidney transplant. Moreover, his lumbar and thoracic spine was noted in a radiology report to have degenerative-disc disease, nine days after the accident.

Liability was never contested.

A bankruptcy on the part of the corporate defendant stayed the Middlesex County proceedings until the stay was vacated to the extent of the insurance coverage. There had not been an offer until a 93A/176D letter was sent.

The plaintiff’s special damages were $53,000 for medical bills, which included $12,000 for ambulance transportation to the plaintiff’s dialysis and $10,000 in loss of earning capacity.

All claims, including the 93A/176D claims, were resolved for $475,000.

  • Type of action: Motor vehicle negligence
  • Injuries alleged: Burst fracture, wedge-compression fracture,
    loss in height of vertebrae
  • Name of case: Withheld
  • Court/case no.: Middlesex Superior Court, no. withheld
  • Tried before judge or jury: N/A (settled)
  • Special damages: $63,000
  • Amount of settlement: $475,000
  • Date: August 2007
  • Highest offer: None made prior to 93A/176D letter
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

    They went the extra mile. Stood behind me. Had a difficult claim with a motor vehicle accident. I'm very satisfied with the outcome. Richard

    Read more

    richard turk

  • google
    5.0/5.0

    We have had the pleasure of working with Colleen Santora on couple legal issues. We have always had a good communication during our very long process. We feel good responsive, open,& honest communication during a injury case should be the strongest ...

    Read more

    Edward Hyde

  • google
    5.0/5.0

    Very professional firm, always pay attention to detail. Knowledgeable and successful. Written on behalf of Mikhail Zaytsev.

    Read more

    Yelena Wise

  • google
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Craig Donovan

  • lawyers
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Client

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form