How The Accident Happened
At the time of the accident, our client was a fifty-year-old woman from Holbrook, Massachusetts. On an October afternoon, she was walking along a privately-owned cement walkway in Boston, Massachusetts. As she walked, she was caused to trip over a hazardous defect in the cement walkway and fall to the ground.
This particular cement walkway had expansion joints at regular intervals with a sealant between the cement pads to allow for expansion and contraction. The pad did expand over time which resulted in an uneven surface. This created a tripping hazard and our client did in fact trip. As she fell to the ground, she used her left arm to brace her fall.
The Injuries Suffered and Medical Procedure and Treatment Required
This client suffered a serious injury to her left arm in the fall. She was in extreme pain and immediately knew something was seriously wrong with her arm. A bystander called 911 and Boston EMS was dispatched to the accident scene. Our client was brought to Boston Medical Center Emergency Department. X-rays taken at the Emergency Department revealed that the client suffered a comminuted fracture of her left wrist and a left elbow displaced fracture. The injury was serious enough to require surgery.
The client underwent an operation known as open reduction internal fixation. This is a type of surgery used to fix broken bones with the use of hardware, such as plate and screws. This client required the insertion of a titanium plate with interlocking screws to hold together the broken bones. She was required to wear a cast after the operation.
Following the surgery and removal of the cast, this client completed conservative courses of physical therapy over approximately six months. The therapy helped this client increase her strength and range of motion in her left wrist. In the end, this client made a great recovery. The client, however, was left with a scar on her wrist and some noticeable deformity as to size and straightness of her wrist. After she completed all of her medical treatment, her medical bills were over $25,000.
How Mahaney & Pappas Helped This Client
When this client contacted Mahaney & Pappas, LLP for help, she was in a lot of pain and was frustrated dealing with all the medical bills. She didn’t know how her bills would get paid and was very concerned with her recovery.
We took action right away and conducted an investigation to the ownership of the cement walkway. Our investigation revealed the owner of the walkway and photographs of the defect in the cement pads were obtained immediately. The photographs were taken with a measuring tape to show the severity of the defect, which caused a serious tripping hazard. These pictures were very helpful in the successful handling of this personal injury case.
A personal injury lawsuit was filed in the Suffolk Superior Court in Boston, MA. Following thorough and detailed discovery during litigation, Attorney Mahaney began to prepare for trial. Prior to a jury trial, the owner of the cement walkway and their attorney offered to attend a mediation in an attempt to settle this case before a trial.
At the mediation we presented our case and aggressively negotiated on behalf of our client. Ultimately, the defense offered a settlement that was more than twice the medical bills. The case settled for $67,500.00 and our client was very happy with the results of her personal injury lawsuit and our services.