Successful Personal Injury Cases
Congratulations to Rob DiTusa and Laura Mangini who obtained outstanding jury verdicts for two of our clients yesterday in Springfield District Court. It’s a credit to their hard work and preparation. In this case, a mother and daughter were victims of a rear end car crash, but the other driver never truly took responsibility for his carelessness. His insurance company, Liberty Mutual, refused to make a reasonable offer to settle the case and we were forced to go to trial. Unfortunately, “low balling” victims is typical of how Liberty Mutual handles claims. The problem with this insurance strategy is that it forces victims to go to trial to get fair compensation, and it exposes people insured by Liberty Mutual to verdicts which may exceed their insurance policies. Fortunately, through our firm’s hard work and the compassion of a Springfield jury, our clients will be fully compensated for their injuries.
The next step in this case is to once again pursue an insurance company for bad faith punitive damages, which will hopefully be a lesson to Liberty Mutual that their tactics cost them more in the long run. I’m sure Rob and Laura will bring the same level of dedication to this part of the case that they always do. I’m very proud of Rob, Laura, and our entire team, for the level of advocacy we provide for our clients. -Ryan
Congratulations to Attorneys Rob DiTusa and Laura Mangini, who recently won an insurance bad faith case. The insurance company refused to compensate our client after her car accident. We believed the insurance company had failed to reasonably investigate the rear end collision and invented “facts” to support their position that their driver was not at fault. After prevailing against the driver in a jury trial two years ago, we pursued a second claim directly against the insurance company for bad faith insurance claims handling. The Court ruled in our client’s favor and found the insurance company had committed bad faith. The Court tripled our client’s prior jury award as damages for the insurer’s bad faith. Great Job! -Ryan
Congratulations to Attorneys Rob DiTusa and Stephen Holstrom for their trial victory last week. Making insurance companies pay what they should is not only important for the case that was tried, but to send a message for all cases going forward. Great job guys!! – Ryan
Attorneys Rob DiTusa and Laura Mangini tried a case over the last week on behalf of a client, against an insurance company, for Bad Faith Claims Handling. Holding insurance companies responsible, when they don’t handle claims in accordance with the law, should make them think twice before engaging in such actions going forward The trial ended yesterday, but because it was a bench trial (the judge alone decides) we likely will not have a decision for many months. Watching how hard they’ve worked, especially in the weeks leading up to the trial, makes me proud of the team we’ve assembled. -Ryan
The law firms of Alekman DiTusa, LLC and Connor, Morneau and Olin, LLP are proud to announce final settlement of Estrada v. Progressive Direct Insurance Company. In 2011, our law firms jointly filed a consumer protection class action lawsuit on behalf of Massachusetts consumers against Progressive Insurance Company. On Friday, January 29, 2016, the settlement received final approval from the United Stated District Court in Boston.
The case involved Massachusetts auto insurance policies originally purchased on Progressive’s website from 2008-2010. The Court certified a class, which included 4,311 people whose claims for accident-related medical bills and lost wages denied due to an $8,000 PIP deductible on their automobile insurance policy. Progressive Direct denied any wrongdoing in the sales and marketing of their policies.
The terms of the settlement call for payment of $1,875.00 to each of the 4,311 class members who make a claim against the settlement fund (totaling a potential $8,083,125 in payments directly to class members, legal fees and costs paid separately). Attorneys’ fees and costs are paid separately and do not come out of the claimant’s money. Each of the 4,311 affected consumers should have received written notice of the settlement in December and January. Details can be found at MassPIPClaims.com. All claims must be filed by February 28, 2016.
Class actions level the playing field between consumers and large corporate interests. We are proud of the outstanding settlement we were able to reach after 4 years of hard-fought litigation against one of the nation’s largest car insurance companies.
Ryan and Rob.
Another trial for Alekman DiTusa this week. An insurance company grasped onto a nonsense reason to not pay medical bills following an accident. Rob DiTusa and Stephen Holstrom proved to the jury that the treatment should have been paid. Proud of our team again this week.
Congratulations to Attorneys DiTusa and Holstrom for their victory yesterday against an insurance company that didn’t want to pay what they owed our client.
I am very proud of the hard work and dedication that my law partner, Rob DiTusa, and our associate, Laura Mangini, showed on trial this week. The number of hours and late nights, reviewing materials and preparing, really shows their dedication to doing right by our clients.
This was a rear-end crash, with little visible property damage. Our client, a gentleman, had a pre-existing medical problem, for which his doctor had recommended surgery. However, before the collision, our client considered his pain to be tolerable and chose not to have surgery. Unfortunately, the accident made his pain much worse and forced him to surgery much sooner than anticipated.
Through their hard work, Rob and Laura were able to prove to the jury that this crash made his pre-existing problems worse. Yesterday, the jury awarded our client $100,000 for his injuries. It was also important to our client that they found him to be credible, and made the defendant take responsibility for her actions, which will ultimately be paid for by her insurance company. The defendant’s insurer never made a reasonable offer, which required this case to go to trial.
A 37 year-old man was severely injured in a head-on motor vehicle collision while driving home from work. Client went on to have three back surgeries, including a two level low back fusion and a permanent nerve stimulator. Client was later determined to be totally and permanently disabled from work as a result of the accident.
A 29 year-old retail sales clerk, suffered multiple fractures in his right leg and ankle in multiple vehicle collision which occurred on a three lane divided highway. The incident consisted of two separate collisions involving three vehicles. A sedan traveling in the far right lane collided with a tractor trailer which was traveling in the center lane. As a result of contact with the truck, the sedan spun across two lanes of traffic and came to rest against a guardrail in the left travel lane. Plaintiff was traveling in the left travel lane before the collision and struck the sedan traveling at 70 mph. We recovered the majority of the settlement from the owner of the tractor trailer.
Client was a 30 year old woman who was injured when she fell from a 2nd floor balcony as a result of a poorly maintained railing. Our client suffered a fractured pelvis and permanent back pain which required the implantation of a permanent spinal stimulator. On the date of the accident, she was a tenant living in a multi-family dwelling in Springfield, Massachusetts. Alekman DiTusa, LLC successfully sued the owner of the apartment building and the property management company for failing to maintain the railing in a reasonably safe condition and for violating the warranty of habitability.
A 57 year old woman tripped and fell down a defective stairway at work, striking her head. Immediate investigation discovered that the fall was caused by a worn vinyl stair covering. Client sustained mild traumatic brain injury.
A 22 year old male involved in roll over accident sustained a fractured ankle. Ankle required surgery with permanent internal fixation. We filed suit against multiple parties, including claims for products liability and negligent maintenance.
A 51 year old passenger was injured in a one vehicle car accident. Vehicle lost traction while crossing through an intersection due to liquid calcium chloride left on the road by a construction company fixing the road. Client sustained permanent injuries to her neck, arms and legs.
49 year old woman sustained fractured wrist when a public transportation van crossed into her lane of traffic and struck her vehicle head on. Evidence obtained in litigation determined that the driver of the van was under the influence of prescription pain medication at the time of the collision.
A 15 year old girl was bitten by a neighbor’s dog which resulted in permanent facial scarring. Dog had no prior incidents of biting.
A 34 year old car salesman suffered a permanent back injury in minor car crash at work.
A 17 year old pedestrian was struck by motorist while crossing the street within the confines of the marked crosswalk. She sustained a fractured leg and fractured arm which required permanent internal fixation.
A 26 year old man was injured while attempting to escape his attic apartment during a fire. On the date of the fire, our client was a tenant living in an illegal attic apartment. The attic apartment had only a single exit (instead of two exits as required by the Massachusetts Building Code). On the night of the fire, the only exit stairway was engulfed in flames and our client was forced to jump out of the third floor attic window. He sustained a fractured left foot, fractured pelvis, left sacral fracture, fractures of the L4-L5 vertebrae and a non-displaced ulnar styloid fracture. We were able to recover against the landlord who had failed to maintain the building in compliance with the Massachusetts Building Code.