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Wrongful Death

Amount Of Award/Settlement

$2.75 Million
Nature Of Case

Wrongful Death.

Injuries Alleged

Prolonged conscious pain and suffering and wrongful death.

Court

Middlesex Superior Court.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

In 2011, the plaintiff’s decedent was operating a vehicle on a Massachusetts roadway when another vehicle, operated by the defendant, allegedly swerved into his lane of travel and struck his vehicle head-on. The force of the impact was severe and the defendant operator died as a result of the injuries he sustained in the crash.

The plaintiff’s decedent was extricated from the vehicle and transported to Lahey Clinic where he was diagnosed with a subdural hematoma resulting in a traumatic brain injury and multiple fractures. His respiratory status was unstable and he was placed on a ventilator. Over the course of his month-long stay at Lahey, his providers attempted to wean him from the ventilator, but he developed multiple infections and needed to be placed back on the ventilator. His neurological status waxed and waned during his hospital stay.

The plaintiff’s decedent was transported to Kindred Hospital where he remained until his death on October 9, 2012. In the ten months following the accident, the plaintiff’s decedent suffered extensive conscious pain and suffering. He required hemodialysis because of suspected trauma to his transplanted kidney caused by the motor vehicle crash. His cause of death was noted to be complications from blunt force head and extremity trauma.

The plaintiff commenced a lawsuit against the defendant’s estate and his employer. The maximum bodily insurance limits on the defendant’s automobile policy were grossly insufficient to satisfy this loss. The automobile insurer paid those proceeds into court, which ended its duty to defend, while the employer’s insurer continued to defend the employer, but reserved the right to disclaim coverage. The parties to the lawsuit agreed to explore settlement of this matter so as to avoid the wasting of estate assets needed to pay the estate’s personal counsel’s fees.

The parties engaged in voluntary confidential discovery regarding the valuation of the defendant’s estate, which included a majority ownership interest in a family-owned and operated company. The plaintiff retained a forensic accountant to assist in the valuation of the estate and the company. While the parties disagreed on the ultimate valuations of both the estate and the company and other issues, the parties were able to reach an agreement regarding the settlement of this case following multiple self-administered settlement conferences between counsel for the parties.

Back to Wrongful Death Personal Injury case reports.

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To speak with a highly experienced wrongful death lawyer, click here, or telephone Parker Scheer LLP seven days a week, toll free at 886-414-0400. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.

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M. S. 

I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

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Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

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I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

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I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

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My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

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