Case Results
Slip and Fall – Gas Station Construction
Client tripped over an obstruction (crevice / hole) in a gas station parking lot causing him to land on the pavement and sustain cuts / lacerations to his face and deep bruising to his chest. Client declined an ambulance and did not present to the emergency room. Attorney Brendan J. Noonan proceeded against the Construction Company responsible for creating the unreasonably dangerous condition in the parking lot and collected a settlement.Thereafter, Attorney Brendan J. Noonan proceeded against the owner of the parking lot on the theory that the Gas Station had knowledge of the unreasonably dangerous condition (not readily obvious to unsuspecting patrons) and failed to take any steps to remedy it or warn it’s patrons.
Case Results: As a result, Attorney Brendan J. Noonan collected an additional settlement from the owner of the Parking Lot.
Highway Accident Settlement
On November 4, 2011, Client and his wife were traveling on the highway then they struck a disabled motorist in the left-hand travel lane. The insurance company initially denied liability claiming that the Client had the opportunity to avoid the collision and failed to do so. Client sustained a cardiac contusion. Client’s treatment consisted of one visit to the emergency room. Client’s wife sustained minor injuries (contusion from seatbelt). Wife’s treatment consisted of one visit to the emergency room.
Case Results: Attorney Patrick J. Noonan settled the claim and collected an additional settlement from the underinsurance carrier.
Pedestrian vs. Motor Vehicle
On October 2, 2012, Client was jogging across a crosswalk when he was struck by a vehicle proceeding through a green light. The insurance company denied liability because the Client told the ambulance that the traffic light was green and he shouldn’t have crossed the street. Client sustained a fracture to the greater tuberosity of the proximal humerus.
Case Results: Attorney Patrick J. Noonan settled the case.
Motorcycle Accident Settlement
On July 14, 2012, Client was traveling on his motorcycle in the process of making a left-hand turn when a vehicle cut in front of him causing him to drop his motorcycle. Initially, the insurance company denied liability claiming that it’s insured had the right-of-way and the client was negligent in making a left-hand turn without yielding the right-of-way to oncoming traffic. Client sustained road rash from the accident.
Case Results: Attorney Patrick J. Noonan settled the case.
Motorcycle Accident Injury Settlement – Concussion
On July 28, 2015 Client was involved in Motorcycle accident and suffered a concussion.
Case Results: Attorney Brendan J. Noonan settled the case.
Cervical Radiculopathy from Car Accident
In 2014 Client was a front seat passenger involved in a low impact rear-end accident in New Jersey. She did not take an ambulance from the scene of the accident and sought treatment several weeks after returning home to Massachusetts. An MRI administered several months after the accident revealed a disc bulge in her neck/cervical spine at the C6-7 level. The client later developed radiculopathy/radicular symptoms in her right arm. An EMG was ordered to evaluate for any neurodiagnostic purposes. The EMG revealed the Right C6 paraspinal and Right C7 paraspinal muscles showed increased insertional activity. This led to a diagnosis of right C6-C7 radiculopathy. Client underwent two cervical epidural steroid injections. She did not do physical therapy or chiropractics. Attorney Brendan J. Noonan settled the claim with New Jersey insurance company. Bringing an insurance claim in New Jersey is very difficult. Law suits for pain and suffering are prohibited in New Jersey unless an injury results in:
- Death
- Dismemberment
- Significant disfigurement or significant scarring
- Loss of a fetus
- Displaced fractures
- A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8.
Before the New Jersey case settled and while undergoing treatment for the injuries from the New Jersey accident, the client was involved in another rear-end accident. This time in Massachusetts in 2015. The only medical treatment the client received after the second accident was a third cervical epidural steroid injection. The insurer from the second accident argued that the first accident was to blame for the client’s cervical injuries, symptoms and treatment.
Case Results: Attorney Brendan J. Noonan settled the second car accident claim at the same time as the New Jersey accident claim. He settled the second accident claim.
Car Accident Resulting in lumbar Radiofrequency Ablation
Exacerbation of previously existing low back injury—Motor Vehicle Accident: In 2014 our 32 year old client was involved in a mild impact rear-end accident that resulted in $700 in vehicle damage. The client sustained multi-level herniated discs in her lumbar spine. She underwent 3 lumbar epidural steroid injections and a round of radiofrequency ablation. The insurance company contested the causal link between the accident and the client’s injuries and treatment.
Case Results: Attorney Brendan J. Noonan was able to negotiate a settlement.
Motor Vehicle Accident – Alcohol Involved
Nasal Fracture Deviated Septum: In 2015 our 20 year old female client was traveling as a front-seat passenger in a Jeep. The roads were covered in snow and ice. The driver intentionally started drifting his Jeep when he lost control and crashed into a tree. Client struck her face on the dashboard and her nose started bleeding instantly. Rather than drive the client to the hospital the 21 year old driver proceeded to drive to a new years eve party. Upon arriving at the party the driver told the client to stay in the car. Several minutes later he exited the house with some tissues and got back in his jeep. He gave the client the tissues and then proceeded to drive the client to her house. It took the driver 45 minutes to get to the client’s house. On the drive they passed a Hospital but the driver did not bother bringing the client to the emergency room. Instead he dropped her off at her home and then he left. During the course of his investigation Attorney Brendan J. Noonan learned that the driver had been drinking earlier in the day. Attorney Noonan also worked with an Ear, Nose and Throat specialist to document the nature and extent of the nasal fracture and deviated septum injury. The client incurred $3,500 in medical expenses.
Case Results: Attorney Brendan J. Noonan was able to negotiate a settlement.
Slip and Fall/Automatic Door Accident
On April 21, 2008, Client was entering a department store when the automatic sliding doors suddenly closed causing her to fall to the ground. Client sustained a compression fracture to L1 and L2. Client had a complicated and extensive medical history, which included a multitude of pre-existing medical conditions. Previously, Client suffered from a lower back injury in which an MRI revealed a compression fracture to the end-plate of L-3. At Mediation, Insurance Company argued that the Client’s compression fracture at L1 and L2 was attributable to her pre-existing compression fracture at L3. Attorney Patrick J. Noonan established that the slip and fall caused a new injury (compression fracture to L1 and L2) that was separate and distinct and completely disassociated from the pre-existing compression fracture at L-3. In addition, Insurance disputed liability arguing that the automatic sliding doors were open and obvious to the Client.
Case Results: Case was settled at mediation.
Child on Bicycle Struck By Motor Vehicle
On July 13, 2003, Client was struck by a motor vehicle while she was riding her bicycle. She sustained a fracture of the left medial malleolus and a fracture to the left ankle, which required surgery. The case settled with the bodily injury carrier for the policy limit. Our law office pursued a claim against the under-insurance carrier seeking the policy limit because Client sustained a left knee injury, which also required surgery. The under-insurance carrier denied that the left knee injury was causally related to the car accident because the Client did not complaint of left knee pain until 15-months after the accident.
Case Results: The case was settled after arbitration.