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.

2019 Personal Injury Cases

APRIL 16, 2019  Settlement $120,000.00 – Motor Vehicle Accident

The plaintiff, 35, was struck by a motor vehicle in 2017 as she crossed the street in Fall River Massachusetts, causing her to fall and suffer a fractured clavicle. She was seen at the hospital and underwent several months of physical therapy and was unable to work during that time frame. The case was settled by Attorney  Brian Cunha with the insurance company at a mediation before retired Judge Suzanne Del Vecchio at Commonwealth Mediation in Brockton Massachusetts just before trial was to begin.

March 4, 2019 – $200,000.00  Settlement – Nursing Home Neglect

The Plaintiff, 93, was a resident at a nursing home in New Bedford Massachusetts, when she was caused to fall on two separate occasions. As a result she sustained a fractured nose a pelvis. Her family retained Brian Cunha & Associates to represent her in a claim against the nursing home for neglect in failing to properly safeguard her while walking. Given the Plaintiffs age the insurance company was initially reluctant to pay any sizeable settlement. However after the Plaintiff had retained an expert on liability Brian Cunha & Associates was able to convince the insurance  company to pay a fair settlement to the Plaintiff

February 20, 2019 – $172,044.00-  Arbitration Award- Auto Accident

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 treatment.  The insurance company’s initial offer on the case was $12,000.00.  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 $750.00 in damage.  Attorney Sharon D. Sybel from Brian Cunha & Associates 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 hand son the steering wheel and  foot on the brake at the time of the 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.

$140,000.00 Settlement –  Dog Bite

January 5, 2019- Settlement  $140,000.00

On March 12, 2018, the Plaintiff, 7,  was dropping off his  son at his place of employment in Fall River Massachusetts. When he entered the Defendants property, the Defendant’s dog escaped his kennel and and bit the Plaintiff on his leg causing a bad laceration. The Defendant claims that he was not negligent and that there was nothing he could do to prevent the dog from escaping. Attorney Sharon Sybel, from Brian Cunha and Associates was able to convince the Defendants homeowners insurance company to settle the case within six months of having retained our personal injury law firm.

$150,000.00 Settlement – Slip and Fall Accident

January 15, 2019 – Settlement $150,000.00

In 2017, the Plaintiff, 85, was caused to slip and fall w due to a depression in the walkway while exiting a family sport and recreation center in Fall River Massachusetts, causing her to fracture her hip. Unfortunately, the Plaintiff did not report the fall at the time of the incident to the recreational facility, nor did they have any other notice of the acident. The failure to give notice led to a great deal of difficulty in bringing the claim. Another hurdle in the case was that the Plaintiff, who sought medical attention, failed to tell the emergency room doctor that she fell due to a defect in the walkway. The Plaintiff retained the services of Brian Cunha and Associates approximately one year after the fall. Our attorneys immediately investigated the fall and photographed the scene of the accident. Despite the hurdles faced due to lack of notice, through the photographs and investigation, our attorneys were able to convince the insurance company of their liability and able to settle the claim favorably

The lesson to be learned is to immediately report any fall, to inform the doctor of the fall and the reasons for the fall and as soon as possible to document the fall with photographs of the scene!