Settlements & Verdicts 2026

January 27, 2026 Settlement : $115,000.00 - Fall Down

The client sustained a left shoulder rotator cuff tear after tripping and falling over two cases of water that was negligently left in the aisle of a local grocery store. The client underwent conservative care for her shoulder injury which significantly improved her condition. Attorney Sharon Sybel filed suit and the matter settled shortly after for $115,000.00.

The client expressed her gratitude to everyone at the office. She gave Attorney Brian Cunha a thank you note which stated as follows:

Dear Brian,

“I just wanted to thank you and your office for being so great and wonderful in my case. Sharon has been so great and wonderful and so caring in this matter. She is one in a million. Your office is the best Mr. Cunha. I will recommend your office to anyone.”

February 20, 2026 Settlement : $100,000.00 -- Auto Accident

The client was a passenger in a vehicle in which the operator negligently struck another vehicle while traveling in Lakeville, MA. The client went to the hospital approximately a week after the accident complaining of neck and right hip pain. Diagnostic tests were not helpful as they were negative. Approximately one month after the accident the client was seen for his annual exam and at this visit he first complained of left wrist pain. Shortly thereafter, he again sought medical treatment for his wrist and gave a history of having previously injured his wrist in 2017, however, he had been doing well until the motor vehicle accident. X-rays at this visit did reveal a scaphoid fracture. Despite conservative care, the client required surgery which was successful.

Although the client did not report his left wrist pain immediately, and had a history of chronic pain in his wrist the insurance company tendered their policy limits shortly after our office was able to convince the insurer that the fracture occurred during the accident.

March 12, 2026 Settlement : $150,000.00 - Auto Accident

The client was stopped behind a line of traffic in Swansea. MA., when his vehicle was rear-ended. As a result of the accident the client complained of lower back pain, left hand pain and left hip pain. When his left hip pain worsened despite conservative care, he ultimately underwent a left hip surgery. Complicating settlement of this case was that the client had a long history of back pain and two back surgeries as well as an earlier right hip replacement .Also few months before this accident he complained of left hip pain to his doctor that was documented in his medical records.

The insurance company disputed the causal relationship between the accident and the need for the left hip surgery. Attorney Sharon Sybel consulted with the orthopedic surgeon who performed the hip surgery and was able to obtain a letter from him indicating that although the client had mild degenerative changes of the left hip prior to his motor vehicle accident, his left hip condition acutely worsened because of the accident. After review of the same, Attorney Sybel convinced the insurance company to tender their full policy limits.

This case demonstrates that it is important to learn the medicine and enlist a medical professional to convince the insurance company that despite pre-existing medical issue that at trial they will likely lose as the accident worsened his condition.

January 24, 2026 Settlement : $100,000.00 - Pedestrian Accident

The client, while walking across the street in Fall River, was struck be a motor vehicle. Her most serious injury was a fractured femur which required surgical repair. The client did extremely well following surgery. She was walking without assistive devices within 5 weeks of the accident and required no physical therapy or further orthopedic care. Attorney Sharon Sybel was able to settle the case for the full policy limits.

March 27, 2026 Settlement : Settled at Mediation for $210,000.00- Auto accident

On December 12, 2023, the plaintiff, 63, was driving south on Reed Street in Rehoboth, Massachusetts. As she slowed down to turn left into her driveway, a vehicle operated by the Defendant attempted to pass her on the left by crossing the double yellow line resulting in a collision with the Plaintiffs vehicle.

On arrival of EMS personnel, the Plaintiff was found in the driver’s seat with complaints of neck and left hip pain and transported to Charlton Memorial Hospital for further evaluation and treatment.

Upon arrival at Charlton Memorial Hospital’s emergency room, she reported complaints of headache, nausea, neck pain and left hip pain. Physical examination pain with movement and associated muscle tenderness in her neck, lower back and left hip. CT scans of her head, neck, and lower back, along with left hip x-rays, were ordered to rule out any abnormalities. CT scan of her lower back demonstrated moderate spinal canal narrowing at L4-5 and L5-S1. She was diagnosed with having suffered a concussion, left hip pain and cervical spine ligament sprain. She was prescribed Zofran, Tizanidine and Tylenol for pain management and muscle spasms. On December 19, 2023, Ms. Silva visited Primary Medical Center reporting ongoing left hip and groin pain. Examination showed tenderness in her lower back muscles. She was prescribed Tylenol and a course of Prednisone and Cyclobenzaprine for muscle spasms. She was referred to physical therapy and advised to begin light stretching.

On January 8, 2024, the plaintiff underwent a physical therapy evaluation at Pappas OPT. She reported injuring her left knee on the dashboard during the collision and experiencing ongoing pain when lifting her left leg, walking or sitting. Evaluation revealed significant functional deficits, including reduced range of motion, strength, flexibility, endurance and an altered gait. Following the completion of an initial round of physical therapy, the Plaintiff was discharged on September 19, 2024.

On December 17, 2025, the Plaintiff was evaluated by Dr. Rajiv Nehra at Fall River Spine and Disc Center. She continued to report pain in multiple areas, including her hips, pelvis, lower back, thighs, buttock, and left knee. She also described difficulty with daily activities and stated that her pain was interfering with her sleep. Following his examination, Dr. Nehra diagnosed dysfunction in the lumbar, sacral, and pelvic regions, along with a lumbar sprain, nerve irritation in the lower back, and back muscle spasms. He opined that these conditions are related to the motor vehicle accident of December 12, 2023. Dr. Nehra recommended a course of chiropractic treatment, including spinal manipulation to the affected areas.

The plaintiff retained Brian Cunha and Associates and at mediation the case settled for $210,000.00

April 5, 2026 - Settlement at mediation: $65,000.00 - Fall Down Accident

On December 5, 2023, the Plaintiff, 33, was lawfully present at his rental apartment in Fall River, Massachusetts as a tenant. While leaning against the side porch railing to dispose of some trash it gave way without causing him to fall approximately four to five feet to the concrete ground below, sustaining an injury to his left knee.

Photographs taken after the incident revealed that the attachment to the porch railing was not securely fastened to the structural framing of the house as it had become loose due to deterioration and failure to maintain. During his deposition, the Defendant property owner admitted that he had a duty to maintain the premises in a safe condition and free from hazardous conditions, and that he failed to do so.

The Massachusetts State Building Code requires that hand railings must be securely fastened to structural framing not just siding or trim and withstand at least 200 pounds of outward force. 780 CMR §1607.71.

Following the fall, the Plaintiff was transported by ambulance to Charlton Memorial Hospital for evaluation.

At the Emergency Department at Charlton Memorial Hospital an x-ray of the left knee was ordered to rule out fractures.

On December 18, 2023, Mr. Hernandez presented to Joan Wildenhain, NP, at Southcoast Orthopedics for evaluation. At that time, he reported persistent left knee pain and received a cortisone injection to the left knee. An MRI of the left knee was ordered.

On January 23, 2024, Mr. Hernandez followed up with Dr. Christopher Skeehan at Southcoast Orthopedics. Review of the MRI of the left knee demonstrated a torn meniscus. Dr. Skeehan recommended conservative management of his symptoms, including activity modification, low-impact exercise, icing, and pain management. Mr. Hernandez also received a steroid injection.

On February 29, 2024, the Plaintiff presented to his primary care physician, Dr. Ossama Labib, with continued complaints of ongoing left knee pain. He was referred to an orthopedic surgeon for further evaluation.

The Plaintiff returned to Dr. Patel on October 25, 2024 for follow-up. He was administered a repeat cortisone injection and referred to physical therapy which he received through December 9, 2024 and continues to perform a home exercise program.

Mediation was agreed to and commenced at Commonwealth Mediation before Mark Karsner on April 5th 2006. The claim was complicated by the fact that the plaintiff at the time weighed 390 pounds, that he had some preexisting issues with his knees and there had been no prior complaints about the railing. After a day long mediation and with the help of the mediator the case settled for $65,000.00.

April 19, 2026 - Settled pre-suit $700,000.00 - Auto Accident

On January 13, 2025, the Plaintiff, 56, was traveling north on Fish Road approaching the intersection at Industrial Way in Tiverton, Rhode Island, when a vehicle operated by the Defendant while traveling south on Fish Road, negligently made a U-turn onto Industrial Way resulting in a collision with the Plaintiff’s vehicle.

Following the accident, the Plaintiff was evaluated at the scene by Emergency Medical Services and was found to have sustained a laceration to the left frontal lobe area of his head. He complained of severe head pain and significant pain in his left lower leg. EMS personnel also observed an open compound fracture of the shin bone (tibia) that pierced his skin. Due to the severity of his condition, he was transported by ambulance to the Trauma Unit at St. Luke’s Hospital for further evaluation and treatment.

Upon arrival at St. Luke’s Hospital, the Plaintiff was noted to have a large cut on the left side of his head, a broken nose, and a fractured left tibia and subsequently underwent operative repair of the fracture, including the placement of internal fixation hardware in the left tibia.

The Plaintiff remained hospitalized for continued monitoring and postoperative care for three days until January 16, 2025, and discharged for a course of physical therapy. He received visiting nurse services from January 20, 2025 through March 7, 2025 and began physical therapy on April 11, 2025, through June 6, 2025, at which time he was discharged and doing well.

The Plaintiff consulted Brian Cunha and Associates and through our medical experts Attorney Brian Cunha was able to convince the insurer to pay a sizeable settlement of $700,000.00 for the injuries he received