Verdicts and Settlements

VERDICT/SETTLEMENT

Facts/Liability:

In 2009, the plaintiff, a 35-year old, husband and father, was traveling north in his pickup truck on a main street in Salem, New Hampshire, when the defendant pulled out directly in front of him trying to make a left turn onto the main street, failing to yield the right of way to the plaintiff.

 As a result, the plaintiff’s vehicle collided with the defendant’s vehicle, which was inappropriately in his driving path. The force of the collision caused the plaintiff’s truck to roll over, landing in an upright position. The defendant was cited by the police for failure to yield the right of way.

Injuries:

As a result of the defendant’s negligence, the plaintiff required treatment in the emergency department and endured many months of physical therapy for a severe third degree AC joint separation. The plaintiff suffered through months of ongoing intermittent pain, anxiety, physical limitations, sleep disturbances, and interruptions to his work and family life. His stress and anxiety were exacerbated by his physical deformity and by limitations to his physical capacity, specifically, limitations with regard to lifting and achieving full range of motion.  His wife suffered a significant loss of consortium.

Specials (if any):

Past Medical Expenses:                                                $    8,073.17

Verdict/Settlement:

Our client’s claim against the tortfeasor was settled for the available liability policy limits. An underinsured motorist claim was pursued as well, which was resolved within the UIM limits after extensive negotiations but before filing suit after the statement of the plaintiff’s wife was taken due to the extent of her consortium claim.