The client, a woman in her mid-50s, was a passenger on a motorcycle proceeding straight on a major road in the Cape. The defendant, an elderly driver, attempted to take a left turn in front of the motorcycle. The elderly driver had a green light but, significantly, it was not a dedicated left turn arrow and the driver consequently failed to observe the right of way.
The plaintiff-client suffered serious injuries including subarachnoid and subdural hemorrhage/hematoma, fractures of the cervical and thoracic spine, and other injuries. Fortunately, she was able to stop her medical treatment two months post-accident. However, she remained symptomatic and the plaintiff’s counsel arranged for several medical evaluations as well as lay testimony from family and friends to confirm the effects of the ongoing head injury.
Plaintiff’s counsel was presented with two issues as the trial approached. The first was that the plaintiff was not wearing a Department of Transportation approved helmet (in fact it was a toy helmet) and the second was that the case was litigated in a county not known for large jury verdicts. (That was the only venue available to the plaintiff for the lawsuit.) As to the issue of the helmet, plaintiff’s counsel pressed the argument that the statute in Massachusetts requiring the use of a helmet is silent on whether a failure to wear a proper helmet can be used for comparative negligence. Plaintiff’s counsel also cited Massachusetts case law where a plaintiff’s non-use of a seatbelt was not admitted into evidence at trial.
At the mediation plaintiff’s counsel was able to obtain a very favorable settlement of $1.5 million dollars, believed to be one of the largest personal injury recoveries in Barnstable County.
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.