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The Injury The Challenge The Michael Bowser Result
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.
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.
Jury verdict following eight (8) day trial before the Suffolk Superior Court, Boston. Verdict of $775,000. Pre-trial interest and comparative fault offset results in total judgment against responsible general contractor for $828,000.
$828,000
The Injury The Challenge The Michael Bowser Result
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.
Client settles initial 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.
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
The Injury The Challenge The Michael Bowser Result
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.
Client settles initial 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.
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
The Injury The Challenge The Michael Bowser Result
MIddle aged client suffers low back injury following rear end collision. Medical bills totalling $72,000 with lost wage claim.
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.
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
The Injury The Challenge The Michael Bowser Result
Ruptured biceps tendon. Retail store drops 27' T.V. on man at their courtesy counter.
No offer to settle. Store denies responsibility and blames customer for injuries.
Jury Verdict Hillsborough Superior Court, Nashua, NH
$150,000
The Injury The Challenge The Michael Bowser Result
Fractured back. 17 year old passenger in roll over crash during road race between two cars.
Plaintiff adds driver of second car as additional defendant alleging voluntary road race between both drivers contributed to crash of one car.
Settled before trial. N.H. Superior Court
$122,000
The Injury The Challenge The Michael Bowser Result
Fractured hip. Elderly man falls on bus.
Bus company blames man for standing in aisle on near empty bus, denies inattentive driving caused violent lurching stop.
Suffolk Superior Court, Boston, MA. Settled at trial.
$120,000
The Injury The Challenge The Michael Bowser Result
Dog Bite. Young boy attacked by chained dog in neighbor’s yard. Serious facial lacerations which result in permanent scarring
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 coverage under applicable homeowner’s policy. Policy limits $100,000.
Settled prior to trial pursuant to structured settlement for present day and future benefits
$117,000
The Injury The Challenge The Michael Bowser Result
Older client suffers fractured hip requiring hospitalization and surgery after falling on wet carpeted incline outside New Jersey Hotel.
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.
Counsel retains safety expert to review photographs of scene and conduct scene analysis in New Jersey. Suit filed through local firm in New Jersey. Case settled week of trial.
$80,000
The Injury The Challenge The Michael Bowser Result
47 Year old client 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.
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 injury claim. Suit filed to recover fair and reasonable damages.
Settled on day of trial. Middlesex Superior Court, Lowell, MA
$75,000
The Injury The Challenge The Michael Bowser Result
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.
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.
Case settled at pre-trial mediation.
$60,000
The Injury The Challenge The Michael Bowser Result
Knee injury following fall from horse. Client injured when horse she is riding losses footing on buried tree stump and falls on her.
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.
Settled at mediation one week before trial. Middlesex Superior Court, Lowell, MA
$60,000
The Injury The Challenge The Michael Bowser Result
Derangement of left knee, arthroscopic surgery. Middle aged woman struck by car while crossing Ashworth Avenue in Hampton Beach.
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.
Rockingham Superior Court, Brentwood, NH. Settled shortly before scheduled jury.
$55,000
The Injury The Challenge The Michael Bowser Result
Client injured in fall on icy patch on side walk outside bank suffering fractured coccyx and knee injury.
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.
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
The Injury The Challenge The Michael Bowser Result
Back injury from low speed rear end collision at Hampton toll booth. No damage to either car.
No fair offer to settle. Other driver’s insurance company claims injury not possible in low speed collision.
Jury Verdict Rockingham Superior Court, Brentwood, NH.
$42,000
The Injury The Challenge The Michael Bowser Result
Client sucker punched at sister’s wedding outside early morning hotel after party. 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.
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.
Jury verdict on civil battery claim. Merrimack Superior Court, Concord, NH
$40,000
The Injury The Challenge The Michael Bowser Result
Leg and back injury, emotional distress. Man becomes trapped in sinkhole when brick walkway collapses beneath him.
No offer to settle. Property owner denies responsibility for failure to inspect and repair property.
Jury Verdict Lowell District Court, Lowell, MA.
$40,000
The Injury The Challenge The Michael Bowser Result
Client struck by vehicle while riding bicycle on New Hampshire roadway sustaining wrist fracture requiring surgery.
Minimal insurance coverage on Massachusetts vehicle totals $20,000.
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
The Injury The Challenge The Michael Bowser Result
Left shoulder and neck strain/sprain sustained by 40 year old Laborer following two car collision at notoriously dangerous Intersection in Lowell, MA.
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.
Lawrence District Court, MA. Settled for policy limits just prior to trial.
$25,000