VERDICT/SETTLEMENT

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Name of Case/County: Anonymous v. Anonymous

Facts/Liability:

In August 2009, the plaintiff, a 61-year old husband and father, was catastrophically injured in a motor vehicle accident, when a significantly underinsured motorist drove head-on at a high rate of speed, directly into the bus in which he was riding. The plaintiff suffered significant facial and head trauma in the collision, which broke most of the bones in his face.

Injuries:

The plaintiff’s nose was crushed, his teeth were broken, his orbits were shattered, and his palate shifted. He suffered a significant concussion, resulting in a traumatic brain injury, complex facial lacerations and a fractured vertebrae, along with multiple bruises, cuts and sores on his extremities. Additionally, the plaintiff suffered through months of ongoing intermittent pain, anxiety, physical limitations, and sleep disturbances. His stress and anxiety were exacerbated by his permanent disfigured and facial trauma. The plaintiff was hospitalized for more than a week and underwent multiple facial and dental reconstructive surgeries, including the placement of five titanium plates in his face and having his nose completely reconstructed.  The plaintiff was discharged to home with a back brace and hospital bed, where he was substantially confined for several months due to his limited capacity for activity.  He required a walker and cane for assistance with ambulation and relied on his wife for all of his activities of daily living. He has undergone multiple rounds of physical, occupational, speech, cognitive, and osteopathic therapies.  He has required placement of a TENS unit for his chronic pain, as well as trigger point injections and OMT. He currently receives EMDR therapy for his PTSD.

The plaintiff incurred over $238,000.00 in medical bills.

The plaintiff’s wife suffered a significant loss of consortium.

Verdict/Settlement:

The parties settled their claims prior to suit being filed. Our client’s claim was settled for the available liability policy limits from the tortfeasor, the available underinsured motorist coverage held by the bus company, as well as the available underinsured motorist coverage held by the plaintiff’s motor vehicle insurance provider.

There was a significant workers compensation lien, which needed to be resolved at the end of the case. In exchange for a waiver of indemnity benefits, the carrier waived its holiday and agreed to pay for all future accident related medical care.

Plaintiff’s Counsel:

Holly B. Haines, Esq.

Abramson, Brown & Dugan, PA

1819 Elm Street

Manchester, NH 03104

Defense Counsel (please include name and firm): Anonymous

Insurance Carrier (if relevant): Anonymous

Name of Case/County: Anonymous

Date of Injury: 2009

Date of Verdict or Settlement: 2012

Mark Abramson
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