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DUI Defense Specialist – Board Certified

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Dual State Protection for MA & NH

board-certified-dui-defense-lawyernew-hampshire-massachusetts-dual-state

Dual State Protection for MA & NH

DUI Defense Specialist – Board Certified

Verdicts and Settlements in NH & MA Injury Cases

Pedestrian Claim:

Injury

Client, a pedestrian, struck by motor vehicle, resulting in a partial MCL tear and exacerbated pre-existing Osteoarthritis, degenerative joint disease, bursitis, and Osgood-Schlatters disease.

Challenge

Client was struck by a motor vehicle while walking through a parking lot. Defendant alleges sun glare prevented her from seeing Client. Client’s total specials, including medical bills and lost wages, total $15,600.00.

Result

Client settled with Defendant’s auto insurance company for the full policy limits of $20,000, soon after litigation commenced. Client settled under his underinsured policy $42,500.00. Total settlement: $62,500.00.

Negligence Claim – Automobile Accident

Injury

Subjective complaints of arm pain, numbness and tingling. No significant diagnostic testing to identify objective injuries.

Challenge

Client stopped at red light. Defendant, two cars behind Client, rear-ended middle car, which then hit Client’s car. No injuries to passengers in middle car, no injury to Defendant. Client also involved in subsequent motor vehicle accident, two months later, when she slid on ice and hit a telephone poll, hitting her head on the steering wheel. Defendant challenges client’s subjective injuries and alleges that the her injuries resulted from the second accident. Client’s total medical bills, from first accident until the second accident, total $5,000.

Result

Settled for $35,000.00, after Plaintiff’s Counsel (Bowser Law) conducted a medical expert deposition.

Recreational Liability Claim – Horseback Riding Accident

Injury

Client suffered a fractured spine when she fell from a horse during a horseback riding lesson, requiring two (2) surgeries and multiple physical therapy and chiropractic treatment sessions.

Challenge

Defendant riding instructor claims immunity under the Massachusetts Equine Statute, as well as a Release signed by Client prior to beginning the lessons. Client argued that her claim fell outside the scope of both the statute and release, because her injuries occurred as a result of being instructed to ride on an unsuitable horse and the use of defective tack, both of which were selected by the Defendant. Specifically, the defendant replaced a standard grab strap with a piece of athletic equipment, much like a bungee cord, which offered less stability to the rider. When the horse took off into a canter, the Client was unable to steady herself on the horse, due to the stretchy grab strap, causing her fall.

Result

Plaintiff’s Counsel (Bowser Law) succeeded on a Motion for Summary Judgment, wherein the Court ruled that defective tack and an unsuitable horse were exceptions to the Massachusetts Equine Statute and release, and that such claims constituted negligence issues to be determined by a jury. Settled at mediation prior to trial for $197,500.00

Negligence Claim – Automobile Accident

Injury

Rear-end automobile accident causes soft-tissue back injury.

Challenge

Plaintiff alleges that she was rear-ended by Defendant, while at a complete stop at an intersection. Defendant claims Plaintiff stopped abruptly, causing him to hit Plaintiff’s vehicle. Plaintiff’s medical bills totaled $14,600.

Result

Initial offer from insurance company, pre-litigation was $6,000.00 and after suit was filed, $12,500.00. Settled for $60,000.00, after Plaintiff’s Counsel (Bowser Law) conducted the Defendant’s deposition.

Negligence Claim – Automobile Accident

Injury

Automobile accident caused a bone spur on Client’s Achilles tendon, which required two surgeries, assistive walking devices and countless therapy sessions.

Challenge

Client stopped at an intersection stop sign. Client alleges that Defendant ran the stop sign, travelling at a high rate of speed, hit a third vehicle and then hit Client’s vehicle. Defendant denied all liability.

Result

Settled for $97,500.00, after Plaintiff’s Counsel (Bowser Law) conducted the Defendant’s deposition.

Slip and Fall On Construction Site

Injury

Union painter falls on construction site when he steps on copper pipe left on floor and covered with sawdust. Torn meniscus of left knee and total tear of right knee MCL/ACL. Medical bills exceed $83,000. Lost wage claim includes total permanent disability from occupation as painter.

Challenge

Insurance company for general contractor responsible for job site safety denies liability, questions the plaintiff’s credibility and challenges the extent and nature of his injuries. Pre-trial offer of $300,000 reduced to $250,000 at trial. Plaintiff owes $220,000 to Worker’s Compensation Insurance Carrier.

Result

Jury verdict following eight (8) day personal injury trial before the Suffolk Superior Court in Boston, MA. Verdict of $775,000. Pre-trial interest and comparative fault offset results in total judgment against responsible general contractor for $828,000.
$828,000

Injured in Rear End Car Collision

Injury

Healthy, active, 21 year old injured in rear end car collision. Client sustains back and neck injuries resulting in permanent nerve damage (occipital neuralgia) and recurrent debilitating headache. Client forced into honorable medical discharge from Army National Guard Unit, left with 6% whole person permanent impairment.

Challenge

Client settles initial personal injury claim against responsible driver for policy limits of $20,000 but his own insurance carrier will not make offer to compensate him under UNDERINSURED provisions of his own policy, carrier refuses to submit claim to arbitration and forces client to file suit to recover any portion of his own insurance policy.

Result

Jury trial proceeds in Hillsborough Superior Court, Nashua, NH (December 2009). Insurance carrier makes first offer of $40,000 at jury selection, increase offer to $60,000 at trial. Client rejects low offers well below his original demand, which is within the available remaining policy limits of $230,000. Jury returns verdict against insurance carrier of $695,000.
$695,000

Lost Wages Due To Car Accident

Injury

Broken arm (humorous bone), torn rotator cuff

Challenge

Married father of two recently back to work following long period of unemployment. Driving home from work, sitting in traffic, he is struck from behind at high speed, resulting in broken humorous bone and torn rotator cuff. Due to personal injury, surgeries and recovery time, client unable to return to work and newly acquired job is lost.

Result

Rather than waiting for medical end-point to be reached before beginning settlement negotiations suit is filed immediately. Litigation proceeds quickly through discovery process to identify all available insurance coverage and the status of the defendant driver and his employer/corporation. Pre-trial personal injury settlement reached early to put client and his family back on track financially.
$215,000

Low Back Injury and Lost Wage Claim

Injury

Middle aged client suffers low back injury following rear end collision. Medical bills totaling $72,000 with lost wage claim.

Challenge

Defense challenges the severity of the injury and course of treatment including fact that client returned to full time physical work for eight months before lower back condition deteriorated to point requiring surgery, L2-L3 discectomy.

Result

Personal injury suit filed after case referred to B&V by prior counsel who could not settle case. Pre-trial private mediation results in settlement.
$180,000

Retail Store Injury

Injury

Ruptured biceps tendon. Retail store drops 27′ T.V. on man at their courtesy counter.

Challenge

No offer to settle. Store denies responsibility and blames customer for injuries.

Result

Jury Verdict Hillsborough Superior Court, Nashua, NH
$150,000

Construction Site Safety

Injury

Challenge

General Contractor and sub-contractor for construction project each deny premises liability and blame injured plaintiff for walking through unlighted garage area in where open pit is located. Plaintiff establishes that both parties were responsible for overall safety of worksite and regular exit of building was blocked by construction debris, thereby leaving unlighted garage as only available exit from building. Plaintiff’s expert establishes numerous construction site safety violations under both OSHA and State Building Code regulations.

Result

Settled prior to trial at mediation for $132,500.00
$132,500

Roll Over Accident

Injury

Fractured back. 17 year old passenger in roll over crash in New Hampshire during road race between two cars.

Challenge

Bus company blames man for standing in aisle on near empty bus, denies inattentive driving caused violent lurching stop resulting in personal injury.

Result

Suffolk Superior Court, Boston, MA. Settled at trial.
$120,000

Dog Bite Claim

Injury

Dog Bite. Young boy attacked by chained dog in neighbor’s yard. Serious facial lacerations which result in permanent scarring.

Challenge

Homeowner’s insurance carrier denies coverage for claim and files suit against homeowner and injured boy’s family to seek opinion from Court supporting their denial of personal injury coverage under applicable homeowner’s policy. Policy limits $100,000.

Result

Settled prior to trial pursuant to structured settlement for present day and future benefits.
$117,000

All Terrain Vehicle Crash

Injury

Premises Liability: 17 year old allowed to test drive all terrain go-cart vehicle in parking lot of retail establishment. Young driver flips vehicle in parking lot when he encounters accumulation of sand at high speed. Crush injury and burn to left arm and hand results in permanent scarring.

Challenge

Defense denies premises liability and asserts seventeen (17) year old should have known risks of driving vehicle. Retailer provided no instruction or warning prior to test drive. Available safety harness was covered with packaging plastic wrap and not engaged during test drive and crash.

Result

Settled prior to trial at mediation for $110,000.00
$110,000

Slip and Fall at New Jersey Hotel

Injury

Older client suffers fractured hip requiring hospitalization and surgery after falling on wet carpeted incline outside New Jersey Hotel.

Challenge

Insurance carrier for hotel denies liability or existence of any dangerous defect in walkway surface despite unusual grade change that is covered in carpet and allowed to become slick in rain.

Result

Counsel retains safety expert to review photographs of scene and conduct scene analysis in New Jersey. Personal injury suit filed through local firm in New Jersey. Case settled week of trial.
$80,000

Bicycle Crash with Mini-Van

Injury

Concussion, life threatening laceration to neck, cervical fracture.

Challenge

Cyclist client knocked unconscious following high speed collision with mini-van. Due to concussion cyclist has no memory of collision other than he was travelling through intersection on green light and van came out of nowhere. Police interpret scene and witness statements to fault cyclist with illegally passing minivan on right and then getting caught in blind spot when van turned right. Out of state insurance carrier denies liability and further denies “no-fault” coverage for nearly $80,000 in uninsured medical costs.

Result

Suit filed against out of state driver. Deposition testimony and scene investigation establish that mini-van driver was travelling in opposite direction and was struck by oncoming cyclist while making a left turn. Personal injury settlement includes a reduction and full discharge of the medical/hospital lien.
$75,000

Rear End Collision

Injury

47 Year old client in Massachusetts rear ended at stop light by pick up truck towing a boat. Sustains permanent neck injury, herniated disc with nerve root impingement. Neck injury documented on MRI and confirmed by treating neurologist and orthopedic surgeon. Major damage to client’s sedan also documented.

Challenge

Insurance company for pick up truck driver receives full cooperation and documentation of claim from client. Insurance carrier disputes liability and offers only $8,000 to settle personal injury claim. Suit filed to recover fair and reasonable damages.

Result

Settled on day of trial. Middlesex Superior Court, Lowell, MA
$75,000

Slip and Fall at Work

Injury

Premises Liability: 57 year old woman trips and falls over broken wooden landscape stake jutting onto sidewalk outside of her place of employment during cigarette break. Woman suffers fractured wrist requiring corrective surgery and extensive missed time from work.

Challenge

Property owner denies liability for hazardous condition created by vandals who routinely broke landscape stakes that were placed by landscaping contractor. Defense also asserts that plaintiff was injured “in the course of her employment” and recovery is barred by the Worker’s Compensation Statute. Plaintiff’s counsel establishes through discovery that property owner was aware of vandals breaking stakes and leaving them in place on or near sidewalk surfaces and only took remedial corrective measures after the injury. Injury occurred while plaintiff was on break and not in the regular course of her employment at retail store.

Result

Premises liability suit settled prior to trial at mediation for $60,000.00
$60,000

Rear End Collision

Injury

63 year old Rhode Island resident is rear ended while at a complete stop at stop sign. Collision takes place in Connecticut and other driver is resident of New Hampshire. Client alleges high speed impact exacerbated pre-existing back injury necessitating back surgery.

Challenge

Client’s case is referred to counsel after all settlement negotiations fail and statute of limitations has run in Rhode Island and Connecticut. Counsel files suit in New Hampshire to pursue client’s claim. Insurance carrier for defendant driver alleges client’s injuries were minor and surgery was inevitable consequence of pre-existing back injuries which had already rendered client fully disabled from work following three prior back surgeries over the course of twenty years.

Result

Personal injury case settled at pre-trial mediation.
$60,000

Fall From Horse in Massachusetts

Injury

Knee injury following fall from horse in Massachusetts. Client injured when horse she is riding losses footing on buried tree stump and falls on her.

Challenge

Negligence claim that property/horse owner liable for fall and injury as he buried stump while clearing land for development, allowed plaintiff to ride in the area and did not give warning about the buried stumps. Defense asserts immunity under “Equine” statute for sponsors of horse riding activity and claims plaintiff rode horse in restricted area without owner’s permission.

Result

Settled at mediation one week before trial. Middlesex Superior Court, Lowell, MA
$60,000

Pedestrian Struck By Car

Injury

Derangement of left knee, arthroscopic surgery. Middle aged woman in New Hampshire struck by car while crossing Ashworth Avenue in Hampton Beach.

Challenge

Insurance company for driver won’t offer more than $20,000 to settle. Claim client crossed outside available crosswalk and ran in front of moving traffic. Suit filed. Counsel obtains aerial photos and witness statements that support fact that driver had amble time to see client and avoid the collision.

Result

Rockingham Superior Court, Brentwood, NH. Personal injury case settled shortly before scheduled jury.
$60,000

Slip and Fall on Icy Side Walk

Injury

Client injured in fall on icy patch on side walk outside bank suffering fractured coccyx and knee injury.

Challenge

Insurance company alleges icy patch was the result of natural accumulation of ice and snow and offers only nominal amount to settle personal injury claim.

Result

Suit filed. Discovery discloses that building maintenance worker aware that icy patch existed regularly due to run off of water from roof overhang but area was not salted on day of incident because of weekend staffing. Settled prior to trial.
$50,000

Low Speed Rear End Collision

Injury

Back injury from low speed rear end collision at Hampton toll booth in New Hampshire. No damage to either car.

Challenge

No fair offer to settle. Other driver’s insurance company claims personal injury not possible in low speed collision.

Result

Jury Verdict Rockingham Superior Court, Brentwood, NH.
$42,000

Civil Battery Claim

Injury

Client sucker punched at sister’s wedding outside early morning hotel after party in New Hampshire. One tooth knocked out, two other teeth fractured, two chipped teeth. $7,400 in uninsured medical/dental bills for implant, root canals and crown work.

Challenge

Client did not see the punch thrown as he was looking down picking up his glasses following pushing match. Defendant denies striking client with closed fist. Defendant’s wife, only other witness, recants her statements at the scene and supports her husband’s claim that client caused his own injuries by crashing into hotel hallway wall headfirst after lunging at defendant. Defendant offers only two thousand dollars ($2,000) to settle before trial.

Result

Jury verdict on civil battery claim. Merrimack Superior Court, Concord, NH
$40,000

Man Trapped In Sinkhole

Injury

Leg and back injury, emotional distress. Massachusetts man becomes trapped in sinkhole when brick walkway collapses beneath him.

Challenge

No offer to settle. Property owner denies responsibility for failure to inspect and repair property.

Result

Jury Verdict Lowell District Court, Lowell, MA.
$40,000

Bicycle Accident in New Hampshire

Injury

Client struck by vehicle while riding bicycle on New Hampshire roadway sustaining wrist fracture requiring surgery.

Challenge

Minimal insurance coverage on Massachusetts vehicle totals $20,000.

Result

Bodily Injury Insurance coverage on Massachusetts vehicle increased under New Hampshire financial responsibility law to New Hampshire required minimums of $25,000 and underinsured coverage of cyclist’s own automobile policy invoked to obtain total recovery of $30,000
$30,000

Two Car Collision in Lowell, MA

Injury

Left shoulder and neck strain/sprain sustained by 40 year old Laborer following two car collision at notoriously dangerous Intersection in Lowell, MA.

Challenge

Insurance company for other driver accepts only 50% responsibility for the collision and makes first and last drop dead offer of $2500 to settle. Suit filed, photographs of scene used by counsel to prove defendant’s view obstructed and She entered intersection blindly.

Result

Lawrence District Court, MA. Settled for policy limits just prior to personal injury trial.
$25,000

Past successful case results are not a guarantee or promise of a similar result in your case. Each case is factually distinct with various applicable legal standards. Further, as a trial lawyer with the experience of hundreds of completed Jury and Bench DUI trials in Massachusetts and New Hampshire Attorney Bowser understands the risks associated with the adversarial trial process. Any lawyer who claims never to lose cases doesn’t really try cases, especially difficult cases. Anonymous factual/legal summaries are authorized in advance by clients.

Dual State Protection for MA & NH

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