A wheel-chair bound 52 year old male was backed into by a motor vehicle. The chair was pushed several feet, but not knocked over. Client suffered from numerous pre-existing health and anxiety issues. It was alleged that the incident increased the client’s anxiety, stress and fear levels in leaving his home, riding in his wheelchair. The case settled without litigation for the full available insurance coverage limits of $100,000.
If you’ve been in a serious motorcycle accident and are thinking about pursuing a settlement, you may wonder how much you might receive. When you contact a motorcycle accident attorney, they will take a look at your case and try to estimate your potential settlement. These professionals have handled many of these cases in the past, and they have a solid sense of the type of settlement you might receive. To determine potential settlements, lawyers use a range of different methods.
The Multiplier Method
Many insurance companies as well as lawyers use the multiplier method when evaluating pain and suffering. To estimate settlements using the multiplier method, you add up all your special damages. These are the direct economic losses you suffered as a result of the accident, and as a general rule of thumb, the person responsible for the accident has to pay those costs. Then, you multiply that by a factor ranging from 1.5 to 5.
For instance, if someone was in a motorcycle accident and they incurred $100,000 in medical bills and related costs, their attorney may argue that they deserve double that amount to account for pain and suffering, so their settlement might increase to $200,000. To determine which factor to use, lawyers take into account:
The seriousness of your injury
Your likelihood of recovering completely
How your injuries affect your daily life
The impact of your injuries on your future earnings
Your comparative liability
Additional factors depending on your case
The Per Diem Method
With the per diem method, your motorcycle accident attorney essentially demands a certain amount of money for every day that you are in pain. Of course, this is hard to put a number on, and many lawyers simply use your wages to calculate this value. The idea behind this concept is that being in pain takes at least as much energy as going to work.
The most popular way to calculate a per diem pain rate is to take your total income and divide it by the 250 working days in a year. For instance, if you earn $100,000 per year, your per diem may be $400. Then, your lawyer multiples that by the number of days you have been in pain and uses that number to negotiate your settlement. To continue with this example, if you were in pain for three months, your lawyer may multiple $400 by 90 and request a settlement of $36,000.
Unfortunately, this method becomes ineffective when permanent or long-term injuries are involved. For that kind of settlement, your lawyer may rely on the settlements and verdicts of similar accidents in your area.
Using Both Options
Many motorcycle accident attorneys use both methods to estimate your settlement. They often calculate your potential settlement using both metrics, and then they narrow in on a settlement amount that is between the calculated range. Ultimately, it boils down to working with a quality attorney and ensuring that your special damages have been assessed correctly.
When determining a settlement, comparative liability also comes into play. If you are deemed to be partially responsible for the accident, your settlement is reduced. For instance, if you are 10% responsible, your settlement is reduced by 10%. In Massachusetts and New Hampshire, you cannot get a settlement if you are 51% or more responsible.
Sadly, there is a lot of bias against motorcycle riders, and this can make some juries more likely to assign blame or comparative negligence, even if it’s not warranted. To protect yourself, you need an experienced motorcycle attorney who knows how to fight against that bias.
Identifying a fair financial settlement is not a science. Rather, it is a delicate dance that requires finesse and experience. To get the compensation and justice you deserve, you need to work with a quality motorcycle attorney. To learn more or to set up a free case consultation, contact us today. At Mazow | McCullough, PC, we have the experience you need to get a fair settlement for your injuries.
When filing a wrongful death claim, knowing how much your claim is worth can be a challenging issue. Taking the time to figure out the different types of damages while dealing with the grief of losing a loved one makes the task even more daunting. Sorting out the differences between economic and non-economic damages can be key to figuring out the amount of compensation you may be able to expect.
Here is what you need to know.
Economic damages are the expenses that can be concretely calculated. This can include property damage, medical bills, and funeral expenses. As a rule of thumb, if there is an explicit bill for it, it is an economic damage. Economic damages are typically easy to calculate by totaling the costs involved with a wrongful death.
Non-economic damages are more subjective than economic damages. These are damages that cannot be easily quantified or translated into monetary values. As a result, they can be difficult to calculate for a wrongful death claim.
These can include, but are not limited to:
Pain and Suffering
Pain and suffering includes the physical and emotional consequences of losing a loved one, including but not limited to:
Loss of enjoyment of life
Loss of Appetite
Lack of Energy
Post-Traumatic Stress Disorder, in more extreme cases
Pain and suffering damages might also include lost wages if the emotional repercussions prevent the victim’s immediate family from returning to work. In a wrongful death case, the pain and suffering of both the victim and their loved ones may be compensable.
Loss of Consortium
Loss of consortium is a compensation for losing a family member. This type of damage is only recognized in cases involving extreme, permanent injuries or wrongful death. Loss of consortium seeks restitution for the loss of companionship, comfort, guidance, affection, love, or sexual relations that a family member provided.
In many jurisdictions, only spouses are allowed to seek loss of consortium damages. However, other jurisdictions have expanded their rules to include children in cases involving the loss of their parents.
If the court determines that the negligence or recklessness that led to a wrongful death was particularly egregious, they may also award punitive damages. These damages are meant as both punishment for the defendant and as a deterrent to future defendants in a similar position. Punitive damages are often capped at certain amounts, and they can also have minimum amounts. In Massachusetts, punitive damages for a wrongful death are at least $5,000 by law.
Proving Non-Economic Damages
Non-economic damages must be proven in court, and because they are rough monetary estimate of a personal experience they require a more diverse set of support than economic damages. Physical or mental therapy bills, medical reports, expert witness testimonies, photos of injuries, or prescription information can all help prove the extent of pain and suffering. For loss of consortium claims, courts often require a valid marriage license for spouses.
Calculating Non-Economic Damages
Calculating non-economic damages can be tricky by their very nature. There is no formula under Massachusetts law to assist in determining such damages. Jurors are only asked to use their wisdom, judgment and sense of basic justice to translate into dollars the amount which will fairly and reasonably compensate the plaintiff for his/her injuries. Only very recently, the Massachusetts legislature has changed the law to allow attorneys to suggest to a jury specific dollar amounts for a damage award. What this means as a practical matter is that, in addition to providing figures for medical expenses and lost earnings, a lawyer in Massachusetts can assist a jury in calculating non-economic damages.
Because non-economic damages such as pain and suffering are so subjective, and an attorney can suggest whatever dollar figure he or she can support with that evidence, there is a wide range of damage awards for seemingly similar injuries. It is the responsibility of the plaintiff’s lawyer to convey to the jury how each specific plaintiff has uniquely endured the consequences and hardships of an injury.
In order to understand the extent to which a jury would assess damages in a personal injury trial, the lawyer must understand the human and individual nature of a plaintiff’s damages.
Furthermore, it is imperative to provide credible support for such damages, including a well-prepared plaintiff who can articulate the damages, documentary support, and supportive, credible witnesses.
Receiving a fair compensation for a loved one’s wrongful death cannot bring them back, nor can it truly fill the void they leave behind. However, it can help ease the expensive medical bills and funeral costs that arise from a sudden death. Further, knowing that the liable parties have been held legally responsible can give some peace of mind in a time of great turbulence. If you’ve lost a loved one, contact Mazow | McCullough, P.C. today. We can help you seek justice by determining the value of your wrongful death claim, helping you file a claim, and assisting you through the civil suit process. Call today for a free consultation at (978) 744-8000.
In Massachusetts, you can file a Small Claims Action in any District Court. The “Small Claims Court” is simply a session or courtroom within a District Court.
Where to Go to File a Small Claims Complaint
In order to file a Small Claims Action, you will need to go directly to the District Court. The District Court you choose to file in can be any one of the following:
The District Court near you, in your county or area
The District Court near the defendant, in their county or area
The District Court near the site of the incident or issue for which you are filing a Small Claims Action.
Upon entering the appropriate District Court, you should then go to the Civil Clerk’s Office and ask for an available civil clerk and/or a court employee that can help you with filing a Small Claims Complaint. There is a specific form—called a Small Claims Complaint—that needs to be filled out with the necessary information, including the parties and what happened. These forms should be available to you at any Civil Clerk’s office.
What You Need to File
You will need to provide your name and address, the name and address of the defendant you are suing, and a brief description of what happened and why you are suing. The form will also require you to describe or articulate the amount of your damages as a result of the defendant’s actions or conduct.
After completing the form you will pay the appropriate fee. The amount of the filing fees depends upon the amount in dispute.
The filing fee for small claims of $500 and under is $40.
The filing fee for claims of $501 to $2000 is $50.
The filing fee for claims of $2001 to $5000 is $100.
The filing fee for claims of $5001 to $7000 is $150.
The filing fee for claims of property damage of more than $7000 arising from an automobile accident is $150.
Preparing For Your Hearing
After completing the form and paying the fee, the clerk will designate a trial date or hearing date. You will be advised on what date and time to come back to the court for a hearing. Depending upon which District Court you file in, you can usually expect a hearing date within 30 to 90 days of your filing. Generally, Small Claims Actions do not require lengthy hearings, translating into less waiting time. The clerk will also be responsible for notifying the defendant of the suit and the trial date.
Remember to bring ALL of your evidence and witnesses with you when you appear for the trial or hearing date. Small Claims Actions rarely if ever require lawyers, and therefore the duty of collecting evidence and witnesses for your case falls to you. Without bringing thorough evidence, it will be difficult to prove your Smalls Claims Action, and you may not receive another chance to receive compensation. Good luck with your case!
If you feel unsure if you have a Small Claims Action, a larger case, or would like to explore your legal options more thoroughly, the attorneys of Mazow | McCullough, PC in Salem, MA can help. We’re experienced, knowledgeable, and able to assist you with your legal issues. Contact us today for a free consultation.
If your family or a loved one suffered at the hands of a nursing home and its staff, we are here to help.
A family in Massachusetts has been awarded nearly $14 million dollars in damages after the Middlesex Superior Court found the nursing home guilty of gross negligence, ultimately causing the death of the 90 year old woman. The woman was admitted into the nursing home facility, which managed around 15 other facilities in the state, with multiple infections, glucose levels that needed monitoring and an infected pressure ulcer. With all of her medical conditions, the family trusted that the nursing home facility would provide her with 24 hour care, that she would eventually get better.
This was not the case for this woman. Her infections worsened as did her glucose levels. Because of the untreated infections, the woman was in an altered state of mind, as serious infections oftentimes cause and she ultimately fell out of a wheelchair while unattended during lunch. The woman struck her head and was rushed to a local emergency room where she was found to be suffering from multiple conditions that were deemed to be quite serious.
To name a few, the woman was diagnosed with acute appendicitis, intracranial intracerebral contusion, acute renal failure and fecal impaction among other illnesses. She underwent a round of antibiotics but ultimately succumbed to her injuries and infections in 2008.
At trial, counsel for the woman were able to convince the jury that she was neglected for weeks, possibly months. After several witnesses and experts testified to her condition in the MA gross negligence case, the jury deliberated for several hours and found the nursing home grossly negligent, causing her to ultimately pass away. The jury awarded her estate $12.51 million dollars in punitive damages and $1.43 million in compensatory damages. Although no amount of money could replace the woman or repay her for months of pain she endured at the nursing home, justice was served.
According to the 2012 Gensworth Financial cost of care survey, the average cost of skilled nursing in Mass. was $9,794.00 per month. Over 1.3 million patients were in nursing homes by March 2014 across the United States. Making the decision to take a family member to a nursing home is a difficult one and although Mass. is rated 13th nationally in nursing home quality and care, stories like the one above happen all too often.
At Mazow McCullough, we understand the difficulties of parting with a family member to place them in a nursing home. We further understand that you placed your faith and your loved one in the hands of people you thought you could trust. If your family or a loved one suffered at the hands of a nursing home and its staff, we are here to help. We will handle your case with the dignity and diligence the nursing home failed to give to your loved one. We can help you to feel empowered again as you seek justice for you or your loved one’s injuries and/or wrongful death. The right lawyer makes all the difference. You can contact us at 978-744-8000 or email@example.com.
Mazow | McCullough, PC Secures Judgments Against Massachusetts Corporation For Sexual Assault of Three Clients By Corporation’s Supervisor
Robert Mazow of Mazow | McCullough, PC of Salem, Massachusetts recently obtained judgments in Suffolk Superior Court on behalf of three clients against Naratoone Building Services and its employee. The clients had been custodians at Swampscott High School in Swampscott, Massachusetts and had each been sexually assaulted by their supervisor.
The case initiated after one of the custodian’s sought advice from Attorney Mazow regarding her claim that she had been raped by her supervisor on school grounds. She was too afraid to contact the police. Attorney Mazow assisted her with making a complaint with the Swampscott Police Department. Shortly thereafter, the supervisor was arrested. Ultimately, he was convicted of sexual assault. Click here for a copy of the newspaper clipping discussing his sentencing.
After his conviction, Mazow | McCullough, PC initiated a lawsuit against Naratoone Building Services and the supervisor. The facts of the civil case are as follows:
In 2002, Swampscott contracted with Naratoone to provide janitorial cleaning services at its public high school. Naratoone was in the building service profession since 1988, with headquarters in Boston, Massachusetts. At the time of the contract with Swampscott, Naratoone boasted a workforce of approximately 60 employees. Naratoone alleged that it provided a full range of commercial and industrial cleaning services for its clients in both the public and private sector.
The supervisor was a ten year employee of Naratoone and was given the job of Building Working Foreman at the Swampscott High School. He had a criminal history which included assaultive behavior. Despite the convictions on his record, he was allowed to work as Building Working Foreman at the Swampscott High School.
A. Claims of Cecelia
Cecelia is 44 years old and has nine children. On or about August 30, 2004, the plaintiff, Cecilia, was hired by Naratoone to perform cleaning services at Swampscott High School. On her first and only day of work, Cecilia was subjected to a sexually harassing hostile work environment by the supervisor, which included, among other things, forcible and non-consensual sexual intercourse.
Attorney Mazow obtained a judgment on Cecelia’s behalf in the amount of $250,000.00. Click here for a copy of the judgment.
B. Claims of Rina
Rina is 23 years old. On September 7, 2004, Rina began working for Naratoone as a cleaner at Swampscott High School. On or about September 7, 2004, Rina reported to Swampscott High School and began training for her job. While working at Swampscott High School, she was subjected to a sexually harassing hostile work environment by the supervisor, which included, among other things: grabbing her breasts and making sexual comments to her.
Attorney Mazow obtained a judgment on Maria’s behalf in the amount of $125,000.00. Click here for a copy of the judgment.
C. Claims of Maria
On May 30, 2004, Naratoone hired Plaintiff, Maria, to be a cleaner at the Swampscott High School on May 30, 2004. From June 2004 to September 2004, while working at Swampscott High School, Maria was subjected to a sexually harassing hostile work environment by the supervisor, which included, among other things: making unwanted sexual advances, touching her body and making sexual comments to her.
Maria did not report the supervisor’s behavior to anyone at that time because the supervisor told her that his son was in a gang and she was afraid for her safety.
Attorney Mazow obtained a judgment on Maria’s behalf in the amount of $25,000.00. Click here for a copy of the judgment.
Wrongful death claim of 76 year old pedestrian hit by supermarket delivery driver
Slip and fall claim against bank (defective sidewalk), broken foot
Slip and fall claim on black ice in enclosed parking garage, fractured ankle
Taxi and Transportation Companies:
Negligence claim of pedestrian hit by taxi cab, broken femur
Negligence claim of driver hit by airport shuttle driver, broken humerous and femur
Negligence claim of driver attempting to take left, facial scarring
Negligence claim of 90 year old woman improperly strapped to wheelchair lift, broken ribs and lumbar fracture
Motor Vehicle Collisions – Massachusetts:
Negligence claim where plaintiff was cited by police
Negligence claim of driver struck in rear, no property damage
Negligence claim where passenger in car broke a rib
Negligence claim with soft tissue neck injury and chiropractic treatment
Negligence claim with soft tissue neck and back injuries
Motor Vehicle Collisions – New Hampshire:
Driver struck from behind at light, cervical disckectomy and fusion
Driver struck at intersection, herniation, vertigo, lumbar stress fracture
Pedestrians, Bicyclists and Motorcyclists:
Bicyclist struck, scar on thigh
Minor struck crossing street, fractured wrist
Pedestrian struck crossing street, strained knee
Passenger on motorcycle, collision at intersection (despite no insurance for motorcyclist)
Defective and Dangerous Products:
Drain cleaner explosion, facial scarring
Dangerous toy, broken finger tip
Foreign object in food
Sexual Harrassment and Employment:
Minor harrassed by co-worker, inappropriate touching
Worker verbally and physically harassed by co-worker
Sponge left in abdomen after surgery
Bad Faith Claims and Violations of M.G.L. Chapter 93A:
Bad faith claim against insurer for failure to pay for stolen motorcycle; verdict plus attorneys fees
Attorney Kevin J. McCullough has been retained on dozens of cases as an expert witness to provide an opinion on various insurance companies’ policies, procedures and claims handling practices. Recently Attorney McCullough testified in the Salem Superior Court as an expert witness before the Honorable J. Lowey. Attorney McCullough was retained by the plaintiff in that case in an action against a Massachusetts automobile insurance company. The plaintiff alleged that the insurer had violated the consumer protection statute and committed unfair claims handling practices. Based upon Attorney McCullough’s expert opinion the judge found that the insurer/defendant had violated the consumer protection statute and acted outside of the scope of insurance industry standards.