A settlement was reached for an elderly woman who suffered a fractured hip after being knocked to the ground by a negligent delivery man. There were many issues presented in this case, but due to the thorough investigation, experience and litigation skills, Mahaney & Pappas, LLP was able to secure a $225,000.00 settlement for their client.
Summary of How the Accident Happened
This client was an elderly woman who lived in West Roxbury, Massachusetts. Weeks before Christmas, our client was out with her daughter in Roslindale, MA doing some shopping during the holiday season. What began as an enjoyable day out shopping turned into a tragic event.
At one point during their day out, our client stood on the sidewalk and waited for her daughter. At the same time, an employee for a delivery company was completing a delivery to a local retail business in Roslindale, MA. The deliveryman used a hand truck to make the delivery. After completing his delivery to the store, the deliveryman proceeded out of the store. He exited the front door backwards while pulling the hand truck. The front door to the retail store was equipped with a mechanism that closes the door automatically. As he exited, he pushed the door open with his back-end and tried to pull himself and the hand truck through the doorway quickly before the automatic door closed. When the deliveryman quickly exited the doorway, he failed to look behind him and carelessly struck our client as she stood on the sidewalk. The collision knocked the elderly woman to the ground and caused her to suffer serious injuries.
Our client’s daughter witnessed the accident and ran over to her mother. There were some other bystanders who also witnessed the accident and tried to help. During the chaotic event, the deliveryman managed to slip away, get into his delivery van and drive off. Unfortunately, this delivery company was not a common, well-known delivery company. The van had no logos, business name or other insignia on it in order to identify the company. Witnesses could only say that the van was white with Massachusetts license plates, but did not get the plate number.
The Injuries Our Client Suffered
As a result of the accident our client suffered a serious injury to her right hip. When she was knocked to the ground, her right side struck the concrete sidewalk. She was in immense and obvious pain. An ambulance arrived on scene and immediately transported her to the emergency department of a major Boston hospital. The emergency room doctors ordered x-rays right away. The x-rays demonstrated a right displaced femoral neck fracture. This injury is, basically, a break in one of the bones of the hip. We all know that the hip is a joint made up of a ball-and-socket. The femoral neck is the area just below the ball at the top of the thigh bone or femur that fits into the socket of the hip bone. At the emergency room, the orthopedic surgeon determined that surgical fixation of the fracture was required. On that same day, our client underwent a right hip cemented bipolar hemiarthroplasty, which is a procedure that replaces one half of the hip joint with a prosthetic.
Following several days of post-operative care and evaluation at the hospital, our client was transported to an in-patient rehabilitation center. She remained in rehabilitative care for several weeks. She was then transported to daughter’s home where she continued with her rehabilitation with the help of visiting therapists and nurses. While this was a very serious injury for an elderly person, our client made a full recovery and is doing very well.
Legal Action Taken by Mahaney & Pappas, LLP
The family of the injured woman contact our office very soon after the accident. Contacting an experienced personal injury law office right away was a great decision by the family, especially in this situation. No one could identify the deliveryman or the business he worked for. This was very problematic, because without determining the negligent party, there may be no one to seek compensation from.
Both Attorney Chuck Pappas and Attorney Joe Mahaney took immediate action on this case. We went to the scene of the accident with our investigator to examine the scene and attempt to locate witnesses. We spoke with the clerk of the retail store where the delivery was made. With the help of our investigator, we learned the name of the deliveryman. Our investigator was able to obtain and address and phone number for the deliveryman. Our investigator was able to speak with the deliveryman, who admitted that he accidently knocked our client over. He also provided our investigator with the name of the delivery company he worked for.
We notified the delivery company of the accident and our claim for damages on behalf of our client. We were eventually contacted by their insurance company. The delivery company’s insurance carrier conducted their own independent investigation and denied the claim. After the insurance company denied the claim, we took immediate action and filed a personal injury lawsuit in the United States District Court for the District of Massachusetts.
After thoroughly litigating the case, we were able to obtain a settlement for $225,000.00 for our client. Our client and her family were very happy with our work and the results of her case.
Have You Been Injured in an Accident? Speak with an Experienced Personal Injury Attorney Today
If you have been injured in an accident in Massachusetts, feel free to call us at (508) 879-3500 or contact us online. We offer complimentary case evaluations and are more than happy to answer your questions and explain to you what your legal rights.