4/6/22 Settlement 116,666.00 Motor Vehicle Accident

On October 22, 2020, Merilee J. Bowers was traveling eastbound in the far right lane of a three (3) lane highway on Route 195 in Somerset, Massachusetts, at mile marker 10.4. At the same time and place, a vehicle driven by Stacy Wordell was traveling eastbound in the far left travel lane when it lost control in the median and reentered the roadway, violently striking another vehicle traveling in the middle travel lane, forcing if off the roadway, striking a tree while traveling down a steep embankment. The van crossed sideways across Ms. Bowers lane of traffic in front of her vehicle, lost control, rolled over, and came to rest on it’s roof in the right side breakdown lane. As the van passed in front of her, Ms. Bowers noticed debri falling off of it following the collision, noticeably a large metal bar from the back bumper. Ms. Bowers vehicle struck the debris with great force causing her vehicle to bounce and loose control. Ms. Bowers with great grip on the wheel pulled over to the right side of the roadway in the breakdown lane. She was shaken up by what she had just experienced.

The MA State Police Department responded to the scene of the accident. It was noted Ms. Bowers vehicle sustained undercarriage damage due to a large metal bar from the back bumper of another vehicle lodging underneath her vehicle. Ms. Bowers was transported off the highway and her vehicle was towed from the scene of the accident as it was inoperable.

Following the accident, Ms. Bowers went home and attempted to rest. She was extremely shaken up and took over the counter pain medication for right shoulder pain that was getting worse. On October 24, 2020, Ms. Bowers presented herself to the Southcoast Urgent Care facility for pain symptoms.

On October 27, 2020, Ms. Bowers was seen by her primary care physician’s office and was seen by nurse practitioner, Britt Sibson, via telemedicine due to the COVID19 pandemic. She reported the events of the motor vehicle accident on October 22, 2020. She complained of pain all on her right side that radiated into the upper part of her right arm. Her right shoulder pain radiated up through her neck and she had a headache since the motor vehicle accident. She was feeling extremely anxious about driving since the accident. She expressed feeling anxious and worried about driving to work. She was diagnosed with injuries following a motor vehicle accident, Shoulder Pain, Low Back Pain and Acute Post-Traumatic Stress Disorder.

On November 16, 2020, Ms. Bowers was seen by licensed independent social worker, Kathlyn Heckart, as recommended by her PCP for anxiety and trauma symptoms. In addition to anxiety and trauma symptoms, Ms. Bowers presented with feelings of panic, worry, hypervigilence, flashbacks of the accident, and a fear of driving on highways. Ms. Bowers was diagnosed with General Anxiety Disorder following a motor vehicle accident. On December 14, 2021, following approximately one (1) year of psychiatric treatment, Ms. Heckart narrated that Ms. Bowers symptoms were improved in the past year, but Ms. Bowers still suffered from anxiety directly related to the referenced accident.

After litigation, the case ultimately settled for the $100,000.00 policy limits as well as underinsured coverage of $16,666.00

7/25/21 Settlement:$258,000,00 Auto Accident

On  November 1, 2019, Samantha was riding as a passenger in a vehicle that was traveling east on Route 6 in Seekonk, MA when a vehicle traveling south on Route 136 entered the intersection and the 2 vehicles collided.  As a result of the collision, Samantha sustained a fractured left patella requiring surgery.A wind storm had knocked the power out and therefore traffic lights were not operational in the area at the time of the collision. The insurer for the Defendant argued that the town was liable, however we were able to gather sufficient evidence that despite the non functioning traffic light that our client still had the right of way and the Defendant was negligent.  After Mediation Attorney Nel Destefano from Brian Cunha & Associates was able to settle the case for the policy limits.

6/15/21 Settlement $150,000.00 Laser Burn/Cool Sculpting

The plaintiff, 46, from Fall River MA.  was treated with  Cool Sculpting  a fat reduction treatment designed to Contour & sculpt your body through a radio frequency device. Due to operator error the Plaintiff suffered burns to her abdomen. After suit was filed Brian Cunha from Brian Cunha and Associates settled the case before mediator Suzanne Del Vecchio at Commonwaelth Mediation at an all day session.

5/10/2021 1.25 Million Settlement – Fall Down

The plaintiff, 56,  tripped as he walked along a 30″ concrete wall separating two parking lots for businesses in Newport, RI. As a result of the trip the Plaintiff fell over the wall into the adjacent parking lot resulting in an arterial injury and the loss of his leg. Brian Cunha & Associates retained a construction  expert who opined that the wall  violated the local building code regulations requiring that a fence or barrier should have been constructed on top of the wall to prevent the very type of occurrence, resulting in the Plaintiffs injury. After discovery the case was mediated by Attorney Bill Poore from Providence Rhode Island  and after a day long mediation the case settled for the above amount.

6/17/2020 Arbitration Award $172,044 – Car Accident Case – Abington, MA

Plaintiff resides in Abington, MA – Accident occurred in Abington, MA

The Plaintiff, age 52, was involved in a motor vehicle accident when the Defendant went through a stop sign and struck her vehicle. The Plaintiff sustained injuries to her wrist, ankle, back and neck wherein she underwent extensive treatment. The insurance company’s initial offer on the case was $12,000.  The position of the insurance company was that the Plaintiff’s injuries were pre-existing. The other issue in the case was that the Plaintiff’s SUV only sustained $75 in damage. Attorney Sharon D. Sybel retained the services of a physician who examined the Plaintiff and reviewed all of her medical records. The doctor was able to opine that although there was minor damage to the Plaintiff’s vehicle, the position of the Plaintiff’s hands on the steering wheel and her foot on the brake at the time of impact, was the cause of her injuries at the time of the accident.

After testimony from the Plaintiff and Defendant at the arbitration hearing, the arbitrator awarded the Plaintiff $172,044.50.

 

5/26/20 $200,000 Settlement – Nursing Home Neglect – New Bedford MA

The Plaintiff, age 93, was a resident at a nursing home in New Bedford, MA when she was caused to fall two separate times. As a result she sustained a fractured nose and pelvis. Attorney Sharon D. Sybel was able to settle both claims for $200,000. Of note, Attorney Sybel was able to negotiate both the Medicare and Mass Health liens that were levied on the proceeds to insure that the Plaintiff received an optimum settlement.

5/6/20   $45,000.00 Settlement –  Auto Accident  –  Westport MA.

This case was referred to Brian Cunha & Associates from another law firm in Fall River MA.

In March, 2019, our office filed suit and settled it within 7 months.   The Plaintiff was traveling on Sanford Road in Westport, MA when his motor vehicle was struck broadside by a motor vehicle that had proceeded through the stop sign at the intersection and entered Sanford Road from Briggs Road. The Plaintiff sustained a strain to his lower back as well as his left wrist, shoulder and elbow.

 

5/1/20  $135,000.00 Settlement – Slip and Fall – Somerset MA.

This case was referred to Brian Cunha & Associates by an attorneys’ office in Fall River in October, 2019 and was settled by the end of the year.  Case stems from a slip and fall incident which occurred in May, 2017 at a nursing home in Somerset, Massachusetts.  The Plaintiff injured his ankle and required a  surgery to repair same.

 

4/27/20 $140,000 Settlement – Dog Bite – Fall River MA

Plaintiff resides in Fall River, MA – Defendant’s property, Westport, MA

On March 12, 2018, the Plaintiff, age 71, was dropping off his son to his place of employment. When he entered the Defendant’s property, the Defendant’s dog escaped his kennel and bit the Plaintiff on his leg causing a severe laceration. Attorney Sharon D. Sybel was able to negotiate a settlement within 6 months after the Plaintiff retained her services.

4/25/20  $58,000.00 Settlement – Motor Vehicle Passenger – Seekonk MA

On November 1, 2019, Samantha was riding as a passenger in a vehicle that was traveling east on Route 6 in Seekonk, MA when a vehicle traveling south on Route 136 entered the intersection and the 2 vehicles collided .  A wind storm had knocked the power out and therefore traffic lights were not operational in the area at the time of the collision.  Samantha sustained a fractured left patella and required surgery to repair same.  The Plaintiff retained  the Law Offices of Brian Cunha & Associates and  settled the case for a favorable amount.