$1,900,000 – Personal Injury/Wrongful Death

• An unguarded lawnmower discharged a small rock that struck the plaintiff’s head, causing death. The case mediated to settlement prior to litigation, because the family wished to avoid litigation. Prompt private investigation within days of the incident produced severely damaging statements against the defendant. Case resolved in mediation.

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$750,000 – Motor Vehicle Accident

• Truck driver with 4 minor children rear ended in his own vehicle with his family. Resulted in 2 failed back surgeries and loss of career opportunities. Case litigated and settled 2 weeks before trial after a full day mediation.

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$750,000- Industrial Death

• Client died when chemical he was applying spontaneously combusted causing a fire. Client died of smoke inhalation. Client not married and had a fractured relationship with his adult children. Legal team assembled, over 20 depositions taken and case battled between chemical experts. Case settled after 2 separate days of mediation with 4 corporate defendants contributing

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$740,000 – Workers’ Comp/Third-Party Slip and Fall

• A truck driver slipped and fell off a stepladder at a customer’s warehouse, fracturing his kneecap. Four surgeries and serious permanent work restrictions resulted. The plaintiff employee collected workers’ compensation benefits and settled his claim in a lump sum. A third-party case against the customer was tried before a jury to verdict in New Jersey by co-counsel.

 

$540,000 – MVA (Motor Vehicle Accident (MVA)

• The defendant parents negligently entrusted their car to their delinquent minor son. Plaintiff suffered complex fracture and a life-threatening infection. Plaintiff received a structured settlement for lifetime payouts.

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$500,000-Workers Compensation/Machine Operator

• Heavy plastic part discharged from a lathe into the employees head resulting in neurological disorder and partial blindness. Caselitigated until the employee deemed totally permanently disabled. Sec. 34A. Case settled because employee had a variety of health issues.

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$405,000–Workers Compensation Third Party/ADR

• Governmental workers injured her shoulder resulting in surgery leaving her with permanent limitations, when working at a persons home. Injury caused by the negligence of the homeowner. Employee received workers compensation then got state Accidental Retirement benefits. Employer also resolved the 3rd party claim against the homeowner days before the trial. All benefits had to be coordinated and negotiated.

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$400,000 Workers Compensation/Construction Worker

• Youthful employee has 2 knee surgeries with poor results and then a back surgery without good resolution. Claim filed for Sec. 34A total/permanent disability. Employee wished resolution because he wanted to attempt to re-enter the workforce.

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$325,000-Personal Injury

• Auto mechanic collected from a 3rd party when a vehicle he was working under collapsed upon him due to it not being properly secured in place, causing multiple injuries and fractures

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$300,000 – Workers’ Comp

• The client was a longtime employee at a major employer in Western Mass. He injured his knees, and complications developed, resulting in multiple bi-lateral knee surgeries and the fusion of one knee. He also developed back pain. His case settled after an order was issued placing him on total permanent disability benefits.

 

$275,000 – Jury Verdict

• A man suffered partial amputation of his hand while using a defective snow blower. No offer prior to trial. Jury verdict after 4-day trial.

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$285,000 – Workers’ Comp

• A truck driver with bilateral, failed rotator cuff repairs, with complete loss of use of right arm– declared 100 percent totally disabled.

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$235,000 – Motorcycle Accident

• The defendant turned left into plaintiff’s line of travel as plaintiff was riding his motorcycle, causing significant injuries, including multiple fractures and head injury. An extended period of hospitalization and in-house rehabilitation resulted. Defendant had only $50,000 of insurance. An asset check indicated he owned an unencumbered two-family investment property. The defendant refinanced the property as the case approached trial, and paid another $185,000 out of pocket.

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$200,000 – MVA/Pedestrian

• A sixteen year-old pedestrian was hit adjacent to his high school campus while crossing the street. He suffered a significant leg fracture and facial scarring, as well as psychological injury.  He had resolved to pre-accident status. The defendant had $25,000 in coverage, which settled. A claim under his father’s policy was brought forth, and an additional $175,000 was negotiated.

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$200,000 – MVA/Wrongful Death

• Woman killed in an MVA caused by the negligence of her husband. The estate brought forth claim, which settled for policy limits.

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$185,000 Workers’ Comp

• Union Worker complained of neck pain while climbing a ladder. Insurer defended claiming that act could not have led to a significant injury. After 2 plus years of litigation and halfway through a hearing with multiple experts the insurer settled the claim, agreed to pay for surgery and paid benefits.

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$185,000 – Workers’ Comp

• A dishwasher with a second job as a security guard at a Springfield hotel slipped and fell, severely injuring his low back. A failed back fusion was the result. The case litigated to an award of permanent disability. Case resolved because client wished to relocate to Puerto Rico.

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$160,000 – Workers’ Comp

• CNA who slipped and fell on floor, injuring her neck. After a failed neck surgery the case was litigated to an award of total permanency disability benefits. The case was settled because the client wished to relocate from the area.

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$145,000 – Workers’ Comp

• Employee – truck driver passed out while driving. He was diagnosed with a seizure disorder and head injury. The insurer aggressively defended, claiming no causal relationship. The claim settled after a hearing; prior to the hearing there had been no offer.

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$100,000 – MVA

• Client had a relatively minor MVA resulting in neck pain. She treated conservatively with a chiropractor and physical therapist. Over two years her condition deteriorated, and she eventually required neck surgery. The claim settled for $20,000 with the defendant’s carrier. A claim for underinsurance was brought forth, and the case was arbitrated with a judgment for the policy limits of $100,000. The insurer made no offer prior, defending on lack of causal relationship.

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$100,000 – Workers’ Comp/Third Party

• A truck driver with a non-operable bulging disc was unable to return to his full duties. The lump sum settled his workers’ compensation case for $60,000, and then brought a third-party case that settled for $100,000. The workers’ comp carrier waived its lien.

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$72,500 – Slip and Fall

• Middle-aged Woman slipped and fell in an unlit area of a parking lot on snow and ice, suffering a severe arm fracture. The case resolved prior to trial in mediation.

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$28,500 – MVA

• Client had a minor impact accident, resulting in severe pain. Six years before, she had suffered a herniated disc in her neck, requiring extensive non-surgical treatment. The client argued the new incident exacerbated her pre-existing condition. Insurer offered $6,000; the case was litigated, then arbitrated with a $28,500 award.

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$17,000 – MVA

• A middle-aged woman was rear-ended in her vehicle. She sought care from her primary doctor, had physical therapy, and was referred to an orthopedic specialist. Insurer offered $5,500 prior to trial. The case was tried to a jury, with a verdict of $17,000.

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$12,683 – MVA

• An elderly woman was injured as a passenger in her daughter’s car, resulting in worsening of previous back pain. Client had four months of chiropractic treatment prior to reaching a medical end result. Insurer offered $4,000 to settle; the case was tried to verdict.

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Michael Chernick settlements, judgments and verdicts:

 

$325,000 Worker’s Compensation lump-sum settlement; $190,000 third-party settlement:

• The 55-year-old client/employee slipped and fell in the parking lot of his employer’s business causing him to strike his head on the hard pavement. A Worker’s Compensation claim was brought forward at the Department of Industrial Accidents, and benefits were paid. The client suffered a concussion with lasting injuries, but he had relatively limited treatment. The client received Sec. 34, temporary/total worker’s compensation. The Insurer filed a modification/discontinuance of benefits. The employee joined a claim for section 34(A) benefits, to have the client declared totally permanently disabled. The case was litigated at the Department of Industrial Accidents and prior to a full evidentiary hearing, the case settled for about 7 years of section 34(A), total permanent disability benefits. Subsequently, the Company which plowed snow, salted and maintained the parking lot was put on notice for poorly maintaining the premises. Lawsuit was filed in the 3rd party case and shortly thereafter that case also settled.

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$300,000 Workers Compensation settlement; $50,000 for disfigurement and loss of function:

• The Client/employee was a middle-aged man who slipped off the stairs of his truck, as he was climbing into the truck’s cab, causing him to fall backwards onto the hard pavement of the truck yard with his hands and arms bracing his fall. The client felt immediate hand and wrist pain. The injury was promptly reported, and emergency personnel came to the scene. Subsequently, he had a surgical procedure to his hand and wrist with very poor results. He developed CRPS with chronic pain and inability to move two of his fingers. The client’s Sec. 34, temporary/total weekly disability had expired by statute after 3 years and a new claim for section 34(A), total/permanent disability benefits was then filed. A hearing was held, and the case was tried to judgment. After a full evidentiary hearing, the client was awarded section 34(A), total/permanent disability benefits. The client had also received SSDI monthly benefits. Thereafter, the case settled for roughly 10 years of total/permanent disability benefits. Additionally, the client received a substantial award for section 36, scarring, disfigurement and loss of function. The client used the proceeds to buy a house for his family. 

 

$100,000 Underinsured Motorist settlement for a Rhode Island auto accident:

• The Client was rear-ended in the multicar accident on a State Highway in Rhode Island a few miles away from the Massachusetts border. Multiple vehicles were involved, and many people were injured in the accident. The defendant was operating his vehicle on a highway in a reckless and unsafe manner. The defendant had grossly insufficient insurance coverage to satisfy the claims of the multiple number of injured people. As a result, our client brought a claim against the underinsured motorist (UM) coverage of her own insurance policy. Underinsured motorist coverage is a benefit available to people who are injured by defendants who have insufficient bodily injury insurance coverage on their own. The client had multiple injuries, none of which resulted in surgery, but her own insurance company, when presented with medical evidence and testimony, offered the policy limits of her coverage. 

 

$1,625,000- Auto Accident/Workers Compensation case

• An Out-of-state plaintiff/client was injured in a significant utility truck on minivan motor vehicle accident. The incident occurred on a local highway when the vehicle the client was occupying was forced to stop for bumper-to-bumper traffic. The defendant truck struck the rear of her van at highway speed causing catastrophic damage to the minivan. The client was in the course of her employment. She received workers’ compensation benefits in her home state. The client suffered significant head trauma with lacerations and profuse bleeding. She was transported to a local hospital for emergency surgery. The client was unable to return to the usual and customary duties of her job as a store manager at a retail shopping center. The insurance company challenged the nature and extent of her alleged traumatic brain injury and of her alleged disability. The client had limited medical treatment in her home state, and she was flown from her home state to Springfield to receive an examination from local doctors and other expert witnesses. A lawsuit was filed, and the case was litigated. On the verge of trial, the case was mediated. Settlement was reached and included the negotiation and compromise of an out-of-state workers compensation lien by out-of-state counsel. 

 

$300,000- auto accident/Worker’s Compensation case

• Companion case to the above referenced truck on van case. The out-of-state plaintiff/client claimed a nonsurgical shoulder injury along with PTSD caused by witnessing her above-mentioned friend suffering severe head trauma. Her injury was also in the course of her employment. She too had very limited orthopedic treatment and no psychological treatment. The case was litigated, and settlement was reached at mediation because the clients’ retelling of the accident was extremely compelling. The out-of-state workers compensation lien was resolved by out-of-state counsel. 

 

$1,000,000- Minor Pedestrian Auto Accident

• 14-year-old plaintiff/child was hit by a motorist traveling at an excessive rate of speed within a school zone. The child was crossing a street adjacent to the school when the impact occurred. The incident was witnessed by several adults. Prompt investigation produced extraordinarily compelling witness statements which stated that upon impact the child was rolled up onto the defendant’s hood striking the windshield and that he was then tossed about 30 feet into the air prior to landing in the street. The child suffered a fractured brachial plexus, and a head injury was alleged. However, the child had very limited medical treatment after his initial hospitalization. An expert neuropsychologist was retained to examine the child for a potential head injury. The Defendant was found guilty of reckless operation of a motor vehicle with evidence suggesting she was traveling well over 60 mph. A lawsuit was filed and the case settled for the defendant’s insurance policy limits. The proceeds were placed in trust for the child’s benefit. 

 

$500,000- Workers Compensation/third-party slip and fall

• The plaintiff/client was in the course of his employment when while getting tools and materials from his truck parked in the back loading dock area of a major retail store, he slipped and fell on an accumulation snow covering ice. The client was at the store repairing equipment for the store’s benefit. As a result of the fall, the client had 2 shoulder surgeries. He collected Worker’s Compensation benefits for four years prior to lump sum settling his Comp case for $75,000. A third-party action was filed against the retail store for failure to maintain the area in question and a poorly designed drainage system in the area of the loading docks. The case was litigated. Prompt investigation and photos of the area of the incident were essential. An expert architect’s opinion was obtained, which was essential to achieve maximum settlement. The workers’ compensation lien was compromised.

 

$350,000- Automobile Accident

• The plaintiff/client was the driver of her small sedan stopped at a red light on a Springfield city Street when the defendant, who was operating a large pickup truck, rear-ended her vehicle at a relatively low rate of speed. Upon impact, the client was whipped back and forth with her seatbelt restraining her awkwardly. She felt immediate, severe shoulder pain. The client was employed as a CNA with 2 different employers. The client was treated conservatively, but she was unable to return to work and perform her usual job activities. She eventually had shoulder surgery, which provided her with only minimal relief from symptoms. There was little visible damage to either vehicle as a result of the accident, and there were no witnesses to the incident. The defendant insurance carrier vigorously defended the case. The significance of the impact caused by a large truck vs a small sedan was presented. The original offer was less than $5000. However, the client was extremely credible, and the case was litigated. Shortly before the trial, the case was mediated to resolution. 

 

$ 100,000 - Underinsured Motorist case

• The client was injured when the defendant's vehicle unlawfully entered an intersection and struck the client’s vehicle on its side at a red light. The impact was hard, and the client suffered a significant neck injury. The client was treated conservatively with a neurosurgeon, having physical therapy and injections without the symptoms. The client settled the underlying bodily injury case for the defendant’s insurance policy limits of $20,000. Subsequently the client had a surgical procedure, a two-level neck fusion. The claim was presented to the client’s own insurance company for payment of his own underinsured motorist coverage of an additional $80,000. Unfortunately, the client passed away and representatives of his estate continued with the case. The client’s own insurance carrier refused to pay the policy limits of $80,000. The case was litigated and pursuant to the terms of the standard Massachusetts auto policy, scheduled for arbitration. 3 days prior to the arbitration the insurance company offered to pay its policy limits of $80,000.