CASE SUMMARIES

Attorney Niose has helped thousands of accident victims recover compensation for their injuries. Below are some of the results that have been obtained for clients. Note that the listed figures are actual gross recoveries:*

A Small Sampling of Actual Gross Recoveries

  • Pedestrian struck by bus: $1.2 million
  • Dog bite – facial scar: $90,000
  • Auto Accident – small scar below knee: $29,500
  • Auto Accident – Leg Fracture: $100,000
  • Auto Accident – Back Injury: $97,000
  • Auto Accident – Severe Nerve Damage: $1.9 million
  • Auto Accident – Multiple Fractures: $215,000
  • Medical Malpractice – Failure to Diagnose Cancer: $1 million
  • Airplane Crash – Head Injury and Multiple Fractures: $750,000
  • Auto Accident – Shoulder Injury: $75,000
  • Grocery Store – Back Injury from Falling Boxes: $225,000
  • Auto Accident – Child Pedestrian with Leg Fracture: $72,000
  • Dog bite – facial scar $55,000
  • Auto accident – disc injury $100,000

Prospective clients should understand that each personal injury case is unique, and that the above listing is not intended to represent the value of the cases of prospective clients.

*Be careful when reviewing other listings of reported settlements, judgments, or verdicts. Sometimes the figure reported as a “verdict” or “judgment” is not the actual amount recovered. For example, an attorney could obtain a judgment of $500,000 for a client, but the client’s actual recovery could be much lower if the applicable insurance policy provides significantly lower coverage limits. The big judgment looks impressive, but means little if the client’s recovery is a tiny fraction of that figure. Again, the results listed above are all actual gross recoveries.

Case Summaries

The Law Offices of David Niose has a proven track record of helping clients recover money from insurance companies for injuries suffered in accidents. The firm has helped thousands of clients, handling cases both large and small. Below is just a small sampling of cases that have been resolved by the office:

Pedestrian Hit by Bus, $1.2 Million Recovery

Our client, an elderly woman, was walking in a crosswalk when she was knocked to the ground by a mass transit bus in Leominster, Massachusetts, resulting in a fractured vertebra and fractured wrist. She underwent surgery for both the wrist and the back, and was hospitalized on two different occasions.

Client Was Told by Another Firm That She Had No Case, But She Gets $75,000 Judgment With Us

Our client, a woman from Orange, Massachusetts, was a passenger in an automobile that crashed in Athol, Massachusetts. She was told by another law firm that she had no case, because the insurance company for the at-fault driver claimed its policy had been cancelled prior to the accident date. Our firm, however, took a different approach. We first obtained a court judgment against the at-fault party for $75,000, then we demanded that the at-fault party’s insurer pay it. When the insurance company denied, claiming that its policy was not in effect at the time of the accident, we demanded that it prove that the policy had been legally cancelled, as required by state law. When it couldn’t do that, we filed a new lawsuit against the insurer, claiming bad faith and breach of insurance contract. The insurance company eventually agreed to settle the case before trial because we were able to show that the policy had no been properly cancelled.

At-Fault Party Has Only Minimum Insurance Limits, But Our Client Recovers Over $500,000

Our client was seriously injured when her car was struck by another car driven by a negligent young driver in Fitchburg, Massachusetts. The at-fault party had only minimum insurance policy limits of $20,000. We were able to locate Uninsured Motorist coverage to provide additional coverage for the client, resulting in an additional payment of $500,000.

Auto Accident, Shoulder, and Back Injury: $82,000 Settlement

Our client was in a vehicle that was struck by another vehicle that ran a stop sign in Leominster, Massachusetts. She suffered a shoulder injury that required physical therapy and a back injury that required chiropractic treatment. We settled her case before trial for $82,000.

Client Already Disabled, Hurts Back in Car Crash: $100,000

Our client, who already had pre-existing physical conditions that left him disabled, suffered a herniated disc in his back after being struck by a negligent driver in Winchendon, Massachusetts. We settled his case before trial for the entire liability insurance policy limit of $100,000.

Private Aviation Crash: $750,000 Settlement

Our client, a woman in her early 30s, was invited by a friend, a licensed pilot, to go up with him in his single-engine airplane. The plane crashed on takeoff, however, resulting in serious injuries to the client, including a closed-head injury. The pilot was killed in the crash, but we brought a case on behalf of our client against his estate, alleging negligent maintenance and operation of the aircraft. The case settled with the estate’s insurer for $750,000.

Workplace Accident, Head Contusion: $62,000

Our client was at his workplace in Gardner, Massachusetts, when he was struck in the head by a steel beam, resulting in a concussion, a laceration to the scalp, and a chipped tooth.

Parents Sign a Release Settling Child’s Case, Then Have Second Thoughts

The parents of a young boy who was bitten by a dog signed a release settling the case with the dog owner’s insurance company for $38,500 without the assistance of an attorney. After doing so, the parents came to us because they questioned whether they had made the right decision. We reviewed the case and concluded that the insurance company had taken advantage of the family, failing to pay a fair amount. Because the parents had signed a release, the insurance company considered the case settled and refused to pay any additional money. Therefore, we sued the insurance company, claiming the insurance company had engaged in unfair business practices pursuant to the consumer protection law, Chapter 93A. Rather than the original figure of $38,500, we got the insurer to instead pay $90,000. (Advice for parents of children with injuries: DO NOT try to settle your child’s case with the insurance company without the assistance of legal counsel, as there is no certainty that a bad settlement decision can be undone.)

Rear-End Collision, Whiplash: $80,000

Our client was on his way to work when his vehicle was struck from behind by another automobile in Groton, Massachusetts, resulting in whiplash, lower back pain, and shoulder pain. The case settled before trial for $80,000.

Supermarket Accident, Back Injury: $225,000 Mediation Result

Our client, a young husband and father, suffered back injuries when a supermarket employee caused a stack of goods to topple onto the client. The supermarket and its attorneys disputed the facts of the accident (arguing that the incident was very minor and did not even cause the client to fall to the floor) and the extent of the client’s injuries (arguing that most of the client’s physical problems pre-existed the accident), but we successfully resolved the case at mediation for $225,000.

Car Accident, Shoulder Injury: $75,000 Settlement

Our client’s automobile was hit from behind in Hudson, Massachusetts, resulting in a shoulder injury that required arthroscopic surgery. The case resolved for $75,000.

Pedestrian Hit by Truck: $250,000 Settlement

Our client, a retired woman, was struck by a truck while walking in the parking lot of a shopping plaza in Fitchburg, Massachusetts. She suffered a broken arm and multiple bruises and contusions all over her body, with complications including infections that required hospitalization and extensive treatment.

Ten Years Later, Successful Claim Brought for Child’s Injuries

Although generally speaking the statute of limitations will bar many injury claims if not brought within three years of an accident, our office settled a claim in 2009 for a minor who was injured in an auto accident almost ten years earlier, in 1999. The insurance company had closed the file many years ago, not telling the parents of the child that the child was entitled to a settlement. When we got the case, our office demanded that they reopen the claim and pay the child fair compensation. After a short period of negotiation, the case settled favorably. The lessons to be learned? Don’t trust the insurance companies to treat you or your family fairly if you aren’t represented by counsel. And don’t try to navigate complex areas of the law, such as injury claims and statutes of limitations, without an experienced attorney on your side.

We More Than Double Client’s Settlement After Another Firm Urges Him to Settle Lower

Our client came to us because he was dissatisfied with his previous personal injury law firm. That firm tried to convince him to settle his auto accident claim for $9000, telling him that the figure was fair and reasonable. Despite being pressured to sign a release, the client refused and instead came to our firm and explained his dilemma. We reviewed his case and agreed with the client that the case was worth much more, and we also saw that the first lawyers had overlooked significant aspects of the case. We subsequently obtained a $20,000 settlement for the client, which reflected the full amount of available liability insurance.

The above case summaries are just a very small sampling of cases handled by the Law Offices of David Niose. From million-dollar recoveries for serious injuries to smaller settlements for less severe injuries, our office can help any injury victim stand up to the insurance companies to fight for a fair outcome. Whether it’s an unusual case with complex legal issues or a routine auto accident with minor soft-tissue injuries, we are here to help. Even if the insurance company has found you at fault for an accident, their finding is not necessarily final so you should have an attorney review your case. With experience that includes handling literally thousands of injury cases, we have the knowledge and ability to get you what you deserve.

Contact

For a free initial consultation, contact us by email or call 1-800-921-0800 (toll free) or 978-343-0800. We offer weekend and evening appointments, and can meet with you in your home or hospital room if necessary. We receive no fee in personal injury cases unless we win a financial recovery for you. We serve clients across Massachusetts, including Fitchburg, Leominster, Lunenburg, Townsend, Gardner, Shirley, Ashby, Ashburnham, Westminster, Lancaster, Ayer, Clinton, Sterling, Winchendon, Templeton, and beyond.