Attorney Chuck Pappas recovered a total of $175,000 for our client after he suffered serious lower back injuries in a multi-vehicle crash on a major Massachusetts highway. In this case, our client was on the job at the time of the accident and the car crash was caused by a negligent third party. Thus, this case involved both a Massachusetts workers’ compensation claim as well as a third-party personal injury claim.
In this case, our client experienced challenges from both the workers’ compensation insurance company as well as the third-party auto insurance company. However, Framingham personal injury attorney, Chuck Pappas, was able to overcome the disputes involved in this case and get his client the compensation he deserved.
Overview of the Multi-Vehicle Crash
In May 2022, our client, a 39-year-old delivery driver, was injured in a multi-vehicle collision. While making a routine delivery on I-290 in the Northborough, Massachusetts area in his commercial delivery vehicle, our client’s vehicle was struck at high speed by another commercial truck. It was subsequently discovered that the truck was hit by a third vehicle that failed to notice slowing traffic and cones directing its lane to merge into the center lane.
As with the vast majority of multi-vehicle crashes, the facts and circumstances of this crash made it somewhat difficult to immediately determine the cause of the crash. However, through detailed motor vehicle crash investigations, Attorney Pappas was able to obtain specific evidence to identify the at-fault driver and establish his negligence.
Summary of our Client’s Injuries
The impact of this motor vehicle crash caused our client to suffer significant injuries to his lower back, including a herniated disc, chronic lower back strain/pain, and nerve damage. Our client’s injuries required substantial conservative treatment, including physical therapy and pain management as well as epidural steroid injections into his lumbar spine (the lower end of the spinal column).
Due to the severity of our client’s injuries, he suffered chronic pain in his lower back and reduced mobility. This prevented him from returning to work as a delivery driver since his employment required the physical ability to load and unload packages. The injury caused our client financial stress, as he faced mounting medical bills and loss of income.
Key Legal Challenges
As mentioned above, one legal hurdle Attorney Pappas had to overcome was identifying the at-fault driver and proving his negligence. Through comprehensive investigations, Attorney Pappas was able to obtain witness statements and dash-board video surveillance footage that established the driver that caused the crash. This resolved the issue of liability – determining who was at fault for causing the motor vehicle crash.
Additionally, Attorney Pappas worked closely with our client’s orthopedic spine specialist and one of our own medical experts to demonstrate the cause and full extent of our client’s lower back injury as well as its impact on his ability to work.
Since our client was hurt while in the course of his employment (i.e., on the job) he was eligible for workers’ compensation benefits. When this client hired Attorney Pappas, his employer’s workers’ compensation insurance company had already begun paying weekly disability benefits. However, when Attorney Pappas evaluated the case, he determined that the workers’ comp insurance company wasn’t paying the full amount of weekly benefits our client was entitled to. Therefore, an Employee’s Claim for Benefits was filed. When the insurance company received the claim, they quickly readjusted the payments and made up for the retroactive difference they owed our client.
After months of treatment, the workers’ compensation insurance company hired their own doctor and scheduled our client to submit to an independent medical examination (IME). The insurance company’s independent doctor claimed that our client had recovered from his injuries and could return to work. The insurance company then filed a Complaint to Discontinue Weekly Benefits.
Attorney Pappas contested the insurance company’s Complaint and obtained a medical expert report from our own orthopedic spine specialist that refuted the insurance company’s doctor’s claims. The Complaint proceeded to a Conference before an Administrative Judge at the Massachusetts Department of Industrial Accidents. After the evidence was presented to the Judge, he denied the workers’ compensation insurance company’s Complaint. Our client, therefore, continued to receive his weekly workers’ compensation benefits.
The Successful Outcome of this Case
Attorney Chuck Pappas employed a comprehensive approach to ensure a successful outcome. After negotiations with the at-fault driver’s insurance company, Attorney Pappas secured a $100,000 settlement for our client. The settlement included compensation for medical expenses, lost wages, and pain and suffering.
Additionally, Attorney Pappas was able to negotiate and obtain a $75,000 lump sum settlement in our client’s workers’ compensation claim.
One important factor that was a huge benefit to our client was dealing with the workers’ compensation lien on the third-party injury claim. Attorney Pappas was able to negotiate a significant reduction of the lien, which resulted in a substantial surplus of settlement funds for our client.
Our client was very happy with Attorney Pappas’ work on his case and his efforts to make sure all responsible parties were held accountable. If you have been injured on the job in Massachusetts or in a motor vehicle accident, contact our office today for a free consultation. We would be happy to talk with you and advocate for you and your family.
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