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

    I suffered injuries and total loss if my car last year in a head on collision. Colleen Santora took my case and fought well on my behalf. She thoroughly answered all my questions and concerns, always responding in a quick and timely manner. She helpe...

    Read more

    Jessica Matt

  • google
    5.0/5.0

    Choosing Feinberg & Alban was probably one of the best decisions I ever took. Robert Feinberg and Perry Feinberg are amazing in their professionalism as well as in compassion. Perry was the lead attorney for me. He was always responsive to any questi...

    Read more

    Raja Bhattacharyya

  • google
    5.0/5.0

    I would like to express my gratitude to Feinberg & Alban PC. They are great people and professionals. If you need an attorney these are your guys. Thank you so much! Tatiana

    Read more

    Tatiana Andreeva

  • google
    5.0/5.0

    It was unbelievable!! I got into a motorcycle accident didn’t remember a thing when I woke up I was in the hospital and very terrified I thought to myself I think I need a lawyer I started looking online and I came across this law firm let me tel...

    Read more

    Vin Loco

  • google
    5.0/5.0

    Colleen Santora helped immensely in every step along the way of my fight against the insurance company regarding my property damage and injuries sustained. I'm grateful and would recommend Colleen to anyone! Thanks

    Read more

    DatDude Lex

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form