Overview
Our client, a 33-year-old traveling sales representative, was driving southbound on Interstate 24 in southeastern Massachusetts when another vehicle suddenly changed lanes without signaling, triggering a high-speed, multi-vehicle collision. Our client’s SUV lost control, struck the center median, and was left disabled in the roadway. He was rushed to the hospital with injuries to his neck, shoulder, and back.
The other driver denied liability and claimed that our client was speeding and weaving through traffic. Their insurance carrier made an initial offer of just $19,800, asserting “contributory negligence” — an all-too-common tactic in Massachusetts.Injuries
- Cervical disc bulge with nerve root compression
- Torn rotator cuff requiring arthroscopic surgery
- Post-concussion syndrome
- Temporary inability to work (8 weeks)
- Pain and suffering documented over a 10-month recovery
Our Strategy
- Accident Reconstruction: We hired a crash expert familiar with Massachusetts DOT protocols who reviewed police reports, roadway marks, and a nearby commercial dash cam video. His report clearly showed that the other driver made an unsafe lane change, forcing our client off the road.
- Thorough Medical Documentation: We coordinated closely with orthopedic specialists, physical therapists, and neurologists to build a comprehensive medical record — including treatment summaries, future care projections, and return-to-work assessments.
- Client Impact Evidence: We had our client maintain a daily journal of his symptoms, struggles, and setbacks. This, combined with letters from his employer and family members, painted a clear picture of the accident’s toll on his quality of life.
- Pre-Litigation Leverage: We submitted a detailed demand package supported by Massachusetts case law and expert affidavits. Our reputation for aggressive litigation and our airtight liability argument brought the defense to the table.
Outcome
After multiple rounds of negotiation and a scheduled Rule 30A deposition, the insurance company relented. We secured a pre-litigation settlement of $275,000, more than 13 times the original offer. The settlement covered all medical bills, lost wages, and provided substantial compensation for pain and suffering.Result:
- ✅Fault Hotly Disputed — Liability Reversed with Evidence
- ✅$275,000 Settlement Without Filing Suit
- ✅Full Payment of Medical Costs
- ✅Strong Compensation for Pain, Suffering, and Lost Income
Reflections
In Massachusetts, insurance companies are quick to blame the victim — especially in highway cases. At Maloney Law, we don’t back down. We bring in experts, demand accountability, and fight relentlessly to ensure our clients receive justice and financial recovery.