Massachusetts Car Accident Settlements and Case Examples (2024)

See awards and settlements paid to real Massachusetts car accident victims. Find cases similar to yours.

More than 36,000 people are injured and 282 are killed on Massachusetts roadways each year.¹

The Commonwealth of Massachusetts is a no-fault auto insurance state. If you are injured in a vehicle accident, you must first rely on the Personal Injury Protection (PIP) coverage on your own auto policy. Injuries that exceed the no-fault threshold may proceed against the at-fault party.

The average car accident settlement in Massachusetts for a moderate injury claim is $77,447. Average payouts range from $6,965 for minor injuries to $600,226 for severe injuries.

Average Massachusetts Car Accident Settlement Amounts

We analyzed a group of Massachusetts lawsuits filed by plaintiffs injured in vehicle accidents. Each plaintiff received a jury award or settled their case before trial.

The group includes two extreme cases with payouts of $10,000,000 and $14,900,000. These payouts were not used in reporting averages to avoid skewing the results unrealistically high.

Types of Motor Vehicle Accidents

Side-impact collisions, including sideswipe and left-turn crashes, are the most common type of traffic accidents nationwide, followed by rear-end collisions.²

Types of Car Accident Injuries

Neck and back injuries are the most common injuries from all kinds of vehicle accidents, followed by head injuries.

Victims of serious car accidents often suffer multiple injuries, such as complicated bone fractures, facial injuries, brain trauma, and internal injuries. Insurance payouts are intended to cover all the victim’s injuries, not just one category of injuries.

How Car Accident Settlements Are Calculated

Massachusetts is a mandatory no-fault auto insurance state. That means you must first rely on the Personal Injury Protection (PIP) coverage under your own auto policy.PIP covers your medical expenses, and up to 80 percent of your lost income, and replacement services up to $8,000. PIP does not pay for pain and suffering.

You have the right to seek compensation from the at-fault driver for your damages only when your injuries exceed the no-fault tort threshold.

Injuries exceed the no-fault threshold in Massachusetts when causing:

• More than $2,000 in medical damages
• Loss of a body part
• Permanent and serious disfigurement
• Loss of vision or hearing
• Death

When your injuries exceed the no-fault threshold, you can file a liability claim against the at-fault driver’s insurance company. You also have the option of filing a lawsuit against the at-fault driver.

For serious injury claims you’ll need a personal injury attorney to get the best results. The other driver’s insurance company may dispute that your case exceeds the no-fault threshold.

Threshold claims allow you to seek fully compensatory damages, including the full cost of your lost wages, replacement services, and non-economic damages, such as pain and suffering and loss of consortium.

Other factors that influence injury payouts in Massachusetts:

• Shared Fault – Massachusetts is a 51 percent comparative fault state. This means that outside of the no-fault system, you can seek compensation from the other driver so long as you are not 51 percent or more to blame.
• Auto Policy Limits – Vehicle owners in Massachusetts must carry insurance liability limits of at least $20,000 per person/$40,000 per accident for bodily injury, and $5,000 for property damage.
• Multiple Claimants – When multiple people are severely injured (exceeding the no-fault threshold) in the same collision, there may not be enough liability coverage to go around.
• Uninsured/Underinsured Coverage – Vehicle owners in Massachusetts are required to carry uninsured motorist (UM) coverage of at least $20,000 per person/$40,000 per accident for bodily injury. Purchase of underinsured motorist (UIM) coverage is optional.
• Commercial Policies – Insurance for commercial vehicles like dump trucks, tractor-trailers, and buses carries higher liability limits than personal auto policies. This can mean higher payouts for very serious injuries.
• Punitive Damages – Massachusetts only allows punitive damages to be sought for wrongful death cases caused by willful, wanton, or reckless acts.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are usually soft-tissue injuries that will fully heal within a month. The person may miss a few days of work because of stiff and sore muscles, or bruises, sprains, and strains.

Small Award to Bus Rider for Aggravation of Hernia

Type of Injury: Knee injury; aggravation of a congenital hernia.
Accident Type: Rear-End
Award/Settlement Amount: $354
Case Summary: Plaintiff reportedly suffered aggravation of a congenital hernia condition requiring surgery, as well as a knee injury as a result of a motor vehicle accident in which the bus she was riding, driven by defendant pulled over to the side of the road to allow passengers to exit and was rear-ended by a vehicle driven by co-defendant. The plaintiff contended co-defendant drove negligently and was distracted by placing a piece of chocolate on the passenger’s seat at the time of the accident. The defendants denied liability, denied any negligence and disputed the nature and extent of the plaintiff’s claimed injuries. Co-defendant was found 100 percent at fault.
Location: Plymouth County, Massachusetts.
Case Name and Docket Number: Ami v. Wheaton, PLCV-2006-01343-B

Plaintiff Jury Award Offset by PIP Payout

Type of Injury: Head injuries-headaches; back injuries; injuries to neck and left shoulder.
Accident Type: Rear-End
Award/Settlement Amount: $390
Case Summary: Plaintiff claimed she stopped her vehicle at an intersection when Defendant struck her from the rear. The impact reportedly caused Plaintiff to be “jerked about” her vehicle. Plaintiff filed a complaint, claiming injuries to her neck, mid and low back, and left shoulder, plus headaches, as a result of the accident. Defendant denied liability. Jury returned a Plaintiff verdict, awarding her $14,000 less a person injury protection payment of $6,389.15. Both parties reportedly appealed The Superior Court Jurors found Defendant solely liable for the accident and awarded Plaintiff $390. Judge reduced the plaintiff’s award to $0, citing her prior receipt of PIP benefits.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Russell v. O’Coin, CV2005-0088

Plaintiff Delayed Treatment for Neck Sprain

Type of Injury: Back injury-Cervical sprain, SI joint inflammation
Accident Type: Rear-End
Award/Settlement Amount: $1,500
Case Summary: Plaintiff’s motor vehicle was allegedly struck from behind by vehicle operated by the defendant. When first seen by a doctor two days later, the plaintiff complained of pain in her neck radiating down the midline of her back to the lower back on the left side. Her doctor, a physiatrist, diagnosed the plaintiff with a cervical sprain and prescribed physical therapy for her neck. The defendant admitted liability for the accident, but denied any causal relationship between the accident and the plaintiff’s lower back problems. The jury found that the defendant’s negligence was a substantial contributing factor to the plaintiff’s injuries, but awarded the plaintiff only $1,500 in damages.
Location: Hampshire County, Massachusetts.
Case Name and Docket Number: Levinson v. Hayes, 97-015

Jury Award for Rotator Cuff Surgery After Rear-End Collision

Type of Injury: Back, neck, and right shoulder injuries.
Accident Type: Rear-End
Award/Settlement Amount: $1,835
Case Summary: Plaintiff was driving when Defendant reportedly struck her vehicle from behind. Plaintiff claimed to have sustained injuries to her back, neck, and right shoulder, as a result of the accident. She said she underwent shoulder surgery to repair her torn right rotator cuff. Plaintiff filed a lawsuit against Defendant and alleged the defendant was negligent by failing to stop and avoid the collision. The plaintiff sought damages for her injuries, medical expenses and pain and suffering. The defendant contested the nature, extent and cause of the plaintiff’s claimed injuries. Jurors returned a verdict for Plaintiff awarding her $1,834.50 as damages.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: Zukowski v. Wicker, CV2005-00156

Plaintiff Verdict Reduced for Equal Contributory Fault

Type of Injury: Back injury-Lumbar disc with radiculopathy
Accident Type: Head-On
Award/Settlement Amount: $2,002
Case Summary: Defendant exited a route, upon realizing he had taken the wrong exit, entered the roadway in front of Plaintiff’s oncoming vehicle, resulting in a collision. The force of the collision caused the defendant’s pickup truck to overturn. Plaintiff alleged that defendant failed to stop at a stop sign at the end of the ramp. Defendant denied liability, pointing out that plaintiff had been involved in two prior and two subsequent car accidents and that she was scheduled to undergo an MRI the evening of this accident for symptoms related to a prior accident. The jury found plaintiff 50% comparatively negligent and the verdict was reduced accordingly.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Ellie v. Siff, 00-1738

Soft Tissue Injuries from Parking Lot Collision

Type of Injury: Back injuries-Soft tissue cervical and lumbar
Accident Type: Side-Impact
Award/Settlement Amount: $2,130
Case Summary: Plaintiff parked his vehicle in a small gas station parking lot which was often used by other motorists to cut through from one street to another to avoid an intersection. Plaintiff alleged defendant was cutting through the parking lot in an attempt to avoid the intersection and caused this collision. Plaintiff claimed he sustained soft tissue neck and back injuries as a result of the accident. Plaintiff’s injuries resolved after a period of time. Defendant contended plaintiff caused the accident when he backed out of the parking space without proper observation and into the path of defendant’s vehicle. Jury returned a Plaintiff verdict.
Location: Suffolk County, Massachusetts.
Case Name and Docket Number: Maya v. Henderson, SUCV2003-02819

PIP Coverage Offsets Award for Rear-End Accident Injuries

Type of Injury: Back, neck and right hip injuries
Accident Type: Rear-End
Award/Settlement Amount: $4,644
Case Summary: Plaintiff said he was driving his vehicle, when Defendant, who was driving a vehicle owned by Co-defendant, struck him from behind. Plaintiff claimed he sustained injuries to his neck, back and right hip, and incurred medical expenses in excess of $2,000. He filed a lawsuit against Defendants to recoup these losses. Defendant denied driving negligently and to causing injury to Plaintiff. He said he believed that the plaintiff did not have sufficient claims and that Plaintiff was guilty of contributory negligence. Jury returned a Plaintiff verdict and awarded him $7,298.58 in damages. The Judge deducted $2,000 for personal injury protection benefits, bringing the plaintiff’s final award to $4,644.21.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Carbonneau v. Healy, CV2001-02271

Plaintiff Shares Liability, Offset by PIP

Type of Injury: Back and neck injuries.
Accident Type: Side-Impact
Award/Settlement Amount: $5,285
Case Summary: Plaintiff said he was traveling when Defendant struck his vehicle. The collision reportedly caused neck and back pain for Plaintiff, medical expenses and a loss of earning capacity. Plaintiff sued Defendant to recoup these losses. The Judge found for the defendant. Plaintiff appealed. The defendant denied responsibility for the accident. Jury found Plaintiff was 30 percent negligent, while the remaining 70 percent rested with Defendant, the jury determined. Jurors awarded Plaintiff $6,900 for medical expenses and $650 for loss of earning capacity. Following the jury award, Judge first reduced Plaintiff’s award to $5,285 due his liability, then subtracted previously paid personal injury protection benefits, which left the plaintiff with nothing.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Gaval v. Bergman, CV2005-01787

Jury Awards Concussion and Neck Injuries Payout

Type of Injury: Head injuries-Concussion and Headaches; Back injuries-Cervical Strain, aggravated Neck Strain.
Accident Type: Rear-End
Award/Settlement Amount: $6,000
Case Summary: Plaintiff reportedly suffered a concussion leading to post-concussive syndrome with headaches, as well as soft tissue cervical strain that radiated into her upper back and left shoulder, cervical facet joint pain and exacerbation of her existing neck pain, when motorist and defendant rear-ended the plaintiff’s vehicle as it yielded to oncoming traffic. The plaintiff contended the defendant failed to reasonably observe other vehicles and take actions to avoid a collision. The defendant denied he was negligent and disputed the nature and extent of the plaintiff’s claimed injuries. Jurors returned a verdict for the plaintiff and fixed her damages at $6,000.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Visita v. Messana, 1581CV06070

Defendant Blames Seizure for Causing Rear-End Crash

Type of Injury: Back injuries
Accident Type: Rear-End
Award/Settlement Amount: $6,312
Case Summary: Plaintiff was driving when a male driver, operating a vehicle owned by the Defendant, struck Plaintiff’s vehicle. Plaintiff claimed she sustained injuries as a result of the collision. Plaintiff filed a vehicle negligence lawsuit against Defendant. The plaintiff alleged the Defendant was negligent in entrusting its vehicle to male driver who had a history of at-fault motor vehicle accidents. Plaintiff’s insurers also filed a lawsuit against Defendant, The Defendant denied the allegations of negligence and asserted that the male driver suffered a seizure or syncopal episode leading to a sudden loss of consciousness at the time of the incident. Jurors returned a Plaintiff verdict.
Location: Boston City, Suffolk County, Massachusetts.
Case Name and Docket Number: Verveat v. Boston City, CV2008-04610; CV2007-02105-E

Plaintiff Injured in Multiple-Vehicle Collision

Type of Injury: Leg injury-right hip labral tear; neck, lower back and right shoulder injuries.
Accident Type: Rear-End
Award/Settlement Amount: $6,866
Case Summary: Plaintiff reportedly suffered a right hip labral tear, for which he had surgery, and other injuries to his neck, lower back and right shoulder, when his vehicle was involved in a chain reaction motor vehicle accident with motorists and defendants such that defendant rear-ended the plaintiff’s vehicle. The plaintiff claimed the defendants negligently operated their vehicles in a manner that caused rear-end collisions with his vehicle and caused him injuries. The defendants disputed the plaintiff’s claims, denying the plaintiff’s alleged injuries were causally related to the subject accident. Jurors returned a plaintiff verdict.
Location: Norfolk County, Massachusetts.
Case Name and Docket Number: Suchy v. Murphy, 1482CV00664

Plaintiff Shares Fault, Agrees to PIP Settlement

Type of Injury: Back injury-cervical and lumbar sprain; Right knee contusion.
Accident Type: Side-Impact
Award/Settlement Amount: $8,000
Case Summary: Plaintiff reportedly suffered cervical and lumbar sprain and a right knee contusion, for which he underwent chiropractic treatment and physical therapy but remained unable to stand for an extended period, when the vehicle he was driving was struck by a vehicle driven by defendant and owned by co-defendant. The defendants denied liability. A jury returned a verdict for the plaintiff, finding Defendant was 85 percent negligent and the plaintiff was 15 percent negligent. The jury awarded the plaintiff $10,000 which was reduced in judgment to $500 based on the jury’s fault apportionment. The plaintiff and defendant also agreed to a personal injury payment (PIP) of $8,000.
Location: Suffolk County, Massachusetts.
Case Name and Docket Number: Baidori v. Breneus, 1484CV02171

Plaintiff Award Offset by Shared Fault and PIP

Type of Injury: Head injuries-post-traumatic dizziness and vertigo
Accident Type: Side-Impact
Award/Settlement Amount: $10,000
Case Summary: This was a motor vehicle negligence action brought by the plaintiff against the defendant after an accident. The defendant filed a counterclaim for contribution. The plaintiff alleged to have suffered post-traumatic dizziness and vertigo as a result of the accident. The jury awarded damages to the plaintiff in the amount of $10,000, which was then reduced by $8,000 based upon the PIP offset. The jury awarded no damages to the loss-of-consortium plaintiff. In addition, the jury found that the plaintiff operator was 45 percent negligent. Consequently, the plaintiff operator was liable for contribution. The plaintiff’s recovery after reduction of the PIP offset was in the amount of $2,000.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Manuel v. Alexander, 2000-01160

Jury Assigns Partial Fault to Plaintiff, Court Offsets PIP

Type of Injury: Back injury-Herniated disc
Accident Type: Side-Impact
Award/Settlement Amount: $21,000
Case Summary: Plaintiff reportedly suffered injuries including ongoing headaches, disc protrusion and annular tearing with degenerative disc disease at L5-S1, for which she had epidural steroid and trigger point injections and left her partially disabled when a vehicle driven by defendant pulled out from a parking lot and collided with plaintiff’s vehicle. Plaintiff claimed defendant negligently operated his vehicle. Defendant denied he was negligent. Jurors returned a verdict for the plaintiff after finding her 30% negligent and defendant 70% negligent. Jury awarded plaintiff $30,000 for damages, which the court reduced in judgment to $17,165.44 per the jury’s assigned 30 percent fault apportionment to the plaintiff and a PIP payment of $3,834.56.
Location: Barnstable County, Massachusetts.
Case Name and Docket Number: Dutra v. Mohan, 1472CV00459

Hit and Run Drunk Driver Found Liable for Collision

Type of Injury: Back Injuries-Herniated cervical and lumbar discs; soft tissue injuries to back and neck
Accident Type: Rear-End
Award/Settlement Amount: $28,153
Case Summary: The plaintiff claimed that her car was rear-ended by a motor vehicle operated by the defendant. The plaintiff said that she pulled over in the breakdown lane after the impact, but that the defendant did not stop. The defendant’s license plate number was identified and was later arrested for operating a motor vehicle while under the influence of alcohol and leaving the scene of an accident after causing personal injury. The defendant admitted liability. Court awarded Plaintiff $30,000. The amount was reduced by $6,554 PIP offset resulting in total of $23,445. Court added interest of approximately $4,456 plus additional $251 in costs resulting in total judgment of $28,153.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Lawler v. Quinn, 0361 CV 0401

Moderate Injury Case Examples

Moderate injuries from auto accidents often involve more extensive soft tissue injuries, concussions, whiplash injuries, slipped or herniated discs, and simple bone fractures. The person may have lingering effects from the crash and could be out of work for weeks or months.

Victim Vehicle T-Boned, Flipped, and Overturned

Type of Injury: Head, neck, and back injuries
Accident Type: Side-Impact
Award/Settlement Amount: $28,630
Case Summary: Plaintiff reportedly was traveling when Defendant, who was operating a motor vehicle and attempting to turn out of a parking lot, allegedly struck Plaintiff’s vehicle, causing it to flip multiple times before coming to a stop upside down. Plaintiff asserted he suffered abrasions from the shards of glass and head, neck, and back injuries. Plaintiff filed a lawsuit against Defendant, asserting negligence. The plaintiff sought damages for his personal injuries, emotional pain and suffering, medical expenses, lost wages, loss of earning capacity, and property damage, together with attorney fees, interest, and costs. The defendant denied Liability. Jury returned a Plaintiff verdict.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Donatien v. Forrester, 1881CV02868

Defendant Liable for Collison Caused by Running Stop Sign

Type of Injury: Back injuries-Soft tissue neck and low back injuries and headaches
Accident Type: Side-Impact
Award/Settlement Amount: $33,000
Case Summary: Plaintiff, a lifeguard, was operating his motor vehicle and as he approached a T intersection, defendant who was on the side road, entered the intersection in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff alleged that defendant ran the stop sign and failed to yield the right-of-way to oncoming traffic. Plaintiff also claimed that he suffered neck and back injuries as a direct result of this accident and that he continued to have neck problems which affected his daily living activities. Defendant Denied liability. Jury returned a Plaintiff verdict.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: Deslauriers v. Martins, BRCV200200759

Back Injury Award Reduced to Account for PIP Payments

Type of Injury: Back injuries.
Accident Type: Side-Impact
Award/Settlement Amount: $34,975
Case Summary: Plaintiff reportedly was operating a motor vehicle at an intersection when a motor vehicle operated by Defendant allegedly entered the intersection and the vehicles collided. Plaintiff claimed he suffered personal injuries as a result of the collision and filed a lawsuit against Defendant asserting negligence. The defendant denied she was negligent and disputed the nature and extent of the plaintiff’s alleged injuries. A jury found in favor of the plaintiff awarding him $38,000, which was reduced in judgment to $34,974.89 for the amount the plaintiff had received in personal injury protection benefits.
Location: Suffolk County, Massachusetts.
Case Name and Docket Number: Francois v. Bumpus, 1884CV02970

Tow Truck Driver Liable for Plaintiff’s Disc Injuries

Type of Injury: Back injuries-ruptured lumbar disc at L4 and L5
Accident Type: Rear-End
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was operating a motor vehicle owned by her husband. Defendant was operating a tow truck owned by the Co-defendant when she allegedly lost control of the tow truck and rear-ended the vehicle being driven by the plaintiff. Plaintiff contended that Defendant failed to keep his vehicle under proper control and was traveling too fast for the wet road conditions. Plaintiff claimed she sustained a ruptured lumbar disc as a result of the impact. Defendants contended that the rear-end impact was minor in nature and could not have caused the back injury alleged by the plaintiff. Parties later reached settlement.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: Goldberg v. Diberto, 2001-01496

Plaintiff Settles Rear-End Case with Tow Truck Driver and Employer

Type of Injury: Back injuries-ruptured lumbar disc at L4; soft tissue cervical sprain
Accident Type: Rear-End
Award/Settlement Amount: $40,000
Case Summary: Plaintiff claimed she was operating a motor vehicle when Defendant who was operating a tow truck owned by Co-defendant, a Towing and Recovery Company lost control of the tow truck and rear-ended the vehicle being driven by the plaintiff. Plaintiff contended that Defendant failed to keep his vehicle under proper control. Plaintiff claimed she sustained a ruptured lumbar disc as a result of the impact. Defendants contended that the rear-end impact was minor in nature and could not have caused the back injury alleged by the plaintiff. Parties later reached settlement.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: Fahey v. Salovitz, 2001-01496

Paramedic Injured When Defendant T-bones Ambulance

Type of Injury: Back injury-Cervical and lumbar soft tissue injuries
Accident Type: Side-Impact
Award/Settlement Amount: $45,000
Case Summary: Plaintiff, a paramedic, was riding in an ambulance operated by Defendant 1. Upon entering an intersection on a light that had just turned green, the ambulance was struck on the driver’s side by a vehicle driven by Defendant 2. Defendant 1 settled with plaintiff and the case proceeded to trial against Defendant 2 only. Plaintiff alleged that Defendant 2 was negligent in the operation of her vehicle and failed to yield the right-of-way to an emergency vehicle. Plaintiff claimed neck and back injuries and loss of strength in her left arm as a direct result of this accident. Defendant 2 denied liability. Jury returned a Plaintiff verdict.
Location: Middlesex County, Massachusetts
Case Name and Docket Number: Terri v. Mccue, MICV2006-03286

Distracted Driver Liable for Head-On Collision

Type of Injury: Head injuries-brain damage, headaches; Back injuries-spinal nerve with disc Injury, Herniated disc.
Accident Type: Head-On
Award/Settlement Amount: $47,000
Case Summary: Plaintiff reportedly suffered a traumatic brain injury, post-concussion syndrome, migraines, vestibulopathy, cervical and lumbar radiculopathy, a lumbar herniated disc and carpal tunnel syndrome when the vehicle she was driving was struck head-on. The plaintiff claimed the defendant negligently caused the accident by driving distracted while attempting to locate her cell phone on the floor of the front passenger seat area and by failing to stay in her lane. The defendant admitted liability for the accident but claimed the plaintiff’s prior motor vehicle accident and her pre-existing medical conditions caused her alleged injuries and damages. Court found in favor of Plaintiff.
Location: Hampden County, Massachusetts.
Case Name and Docket Number: Gray v. Ferrera, 1379CV00670

Victim Loses Capacity to Care for Disabled Husband

Type of Injury: Back Injury-Aggravation of a pre-existing cervical spine condition
Accident Type: Rear-End
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving her vehicle in stop-and-go traffic and was rear-ended by a pickup truck owned by Defendant 1 and driven by Defendant 2. Defendant 2 admitted he failed to stop in time and struck plaintiff’s vehicle. The case proceeded on the issues of causation and damages. Plaintiff acknowledged a pre-existing neck condition, but alleged this accident aggravated her prior condition. She was unable to recover to her pre-accident status and claimed she could no longer care for her disabled husband in the same capacity as before this accident and sought economic and non-economic damages. Defendants denied liability. Jury returned a Plaintiff verdict.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Salce v. Commonwealth of Massachusetts, WOCV2007-01423

Parties Reach Arbitration Agreement for Rear-End Crash Damages

Type of Injury: Back injuries-Disc protrusion at L5-S1 displacing S1 nerve root, damage to nerves resulting in tingling and numbness
Accident Type: Rear-End
Award/Settlement Amount: $85,000
Case Summary: The plaintiff was the restrained operator of his pickup truck when he was struck in the rear by Defendant. The plaintiff presented to the emergency room with complaints of neck pain, low back pain and dizziness. He reported numbness and tingling emanating from his neck into his left hand. Physical examination revealed paravertebral tenderness in the lower back region as a result of the accident. Plaintiff sued Defendant claiming negligence. Case proceeded to arbitration with the arbitrator awarding Plaintiff net damages in the amount of $122,144. As per the arbitration agreement, the plaintiff executed a release in the amount of $85,000.
Location: Plymouth County, Massachusetts.
Case Name and Docket Number: Smith v. Hoitt, PLCV2003-0003-B

Defendant Liable for Striking Pedestrian in Crosswalk

Type of Injury: head Injuries-concussion; ankle sprain/strain
Accident Type: Pedestrian
Award/Settlement Amount: $94,096
Case Summary: Plaintiff was crossing the street at an intersection when he was struck by a vehicle operated by Defendant. Plaintiff claimed head, ankle, shoulder, face, thigh, buttock and arm injuries and sued Defendant. Plaintiff alleged that Defendant was negligent in the operation of a motor vehicle. He claimed he was in the middle of a crosswalk when he was struck by Defendant’s vehicle. A police report included a statement from a security guard who worked at the hotel, stating he had witnessed the incident. Defendant accepted liability. The jury determined that Plaintiff’s damages totaled $80,000. The final judgment with interest was $94,095.67
Location: Boston City, Suffolk County, Massachusetts.
Case Name and Docket Number: Trauber v. Hsu, 1784CV02569

Police Officer Mowed Down by Hit and Run Driver

Type of Injury: Head Injury-trauma; Fractured knee
Accident Type: Pedestrian
Award/Settlement Amount: $100,000
Case Summary: Plaintiff, a police Officer, said he was responding to a motor vehicle accident when he was struck by a hit-and-run driver. Plaintiff claimed Defendant negligently drove through a red light, causing a two-vehicle accident. Both vehicles were obstructing traffic and Plaintiff was assisting and directing traffic. The incident reportedly caused him to suffer head and face trauma, and a fractured knee. Plaintiff sued Defendant, seeking compensation under Restatement (Second) Torts. Plaintiff said his injuries were foreseeable consequences of Defendant’s original negligence. Defendant denied liability. Jury awarded Plaintiff $200,000 and determined both parties were equally to blame. Judge reduced plaintiff’s award by half following fault apportionment.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: O’Brien v. Hodgkins, CV2004-00613

Plaintiff in Prior Crash Settles Rear-End Collision Case

Type of Injury: Back injury-Herniated C5-6 disc
Accident Type: Rear-End
Award/Settlement Amount: $130,000
Case Summary: The plaintiff was a passenger in a car stopped at a red light and was struck from behind by the defendant. While liability was not stipulated to, the defendant admitted that the accident was his fault and that the driver of the other vehicle and the passenger of the other vehicle were not at fault. The defense of the case centered on the fact that the plaintiff had been involved in a flip-over accident earlier. Following the motor vehicle accident, the plaintiff returned to the same chiropractor. Thereafter, she was diagnosis of a herniated C5-6 disc. Parties latter reached settlement.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: Fortini v. Zaros, 91-00402

Award for Debilitating Cervical Disc Injuries

Type of Injury: Back injuries-Spinal Nerve and Vertebra.
Accident Type: Rear-End
Award/Settlement Amount: $140,000
Case Summary: Plaintiff reportedly suffered multilevel cervical spondylosis and atlantoaxial arthrosis with C2 nerve root impingement and facet degeneration at C1-C3 and C5-C6 as well as headaches, nausea, ringing in his ears and tingling in his arms, all of which resulted in a 30 percent cervical spine functional deficit rating, when defendant rear-ended the plaintiff’s vehicle. The plaintiff claimed the defendant was negligent in that she failed to operate her vehicle in a reasonable and cautious manner. The defendant denied she was liability. Jurors returned a verdict in favor of the plaintiff, awarding him $125,000 for damages. Plaintiff’s wife was awarded $15,000 on her loss of consortium claim.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Fisher v. Gulla, 1681CV02036

Tractor-Trailer Driver Liable for Side-Impact Collision

Type of Injury: Head injuries; Back injuries-herniated disc
Accident Type: Side-Impact
Award/Settlement Amount: $144,000
Case Summary: Plaintiff reportedly drove a vehicle when Defendant drove a tractor-trailer allegedly struck Plaintiff’s vehicle. Plaintiff said he was injured due to the accident and filed a complaint against Defendant and owner of the tractor-trailer. He alleged that Defendant drove the tractor-trailer in a careless and negligent manner, resulting in an unavoidable accident. The plaintiff sought damages for medical expenses in excess of $2,000, pain and suffering, lost wages, loss of earning capacity, and property damage. The defendants reportedly disputed the plaintiff’s claims and contended the plaintiff was comparatively negligent. The jury returned a verdict for the plaintiff, finding only Defendant driver was negligent.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Marinaro v. Emanouil, 1481CV00302

Lumbar Fusion Damages Arising From Low-Impact Collison

Type of Injury: Back injury- Aggravation of back injury and lumbar fusion
Accident Type: Side-Impact
Award/Settlement Amount: $150,000
Case Summary: Plaintiff injured her back in a minor motor vehicle accident and alleged exacerbation of a previous injury. Plaintiff and defendant were operating their respective vehicles when they were involved in a motor vehicle accident. Plaintiff’s vehicle sustained only minor property damage. Plaintiff alleged she was injured as a result of defendant’s negligence. She claimed she suffered back pain as a result of the accident and that a previous injury was aggravated. She consequently underwent a lumbar fusion. Defendant did not dispute liability for the accident. However, he contended the need for plaintiff’s surgery was not caused by the accident. The parties reached a $150,000 settlement.
Location: Suffolk County, Massachusetts.
Case Name and Docket Number: Wenzel v. Roche, 01-01412

Severe Injury Case Examples

Severe car accident injuries will have long-term effects on the victim that may include permanent physical and cognitive disabilities. Severe injuries include catastrophic brain injuries, loss of vision or hearing, internal injuries, and extensive fractures. Victims may never be able to return to their pre-accident activities or employment.

Defendant Admits Knocking State Trooper Off Feet, Over Guardrail

Type of Injury: Leg and Shoulder Injuries-Torn rotator cuff in shoulder and hematoma to the lower leg (calf muscle)
Accident Type: Pedestrian
Award/Settlement Amount: $238,202
Case Summary: Plaintiff, a state police trooper, was patrolling. He stopped a motorist and was speaking with the operator at the side of the roadway when observed a third vehicle driving toward his parked cruiser, which had its flashing lights activated. To avoid injury, plaintiff ran to the front of the stopped vehicle. At that moment, the third vehicle struck the rear of plaintiff’s cruiser, which was pushed into the first stopped vehicle. The stopped vehicle then struck plaintiff and sent him over the guardrail located on the side of the road. Defendant admitted liability but disputed extent of Plaintiff’s injuries. Jury returned a Plaintiff verdict.
Location: Norfolk County, Massachusetts.
Case Name and Docket Number: Bishop v. O’rourke, NOCV2001-01686

Tractor-Trailer Driver T-bones Vehicle, Injures Passenger

Type of Injury: Head injury; broken ribs; comminuted leg fractures, tearing in both knees.
Accident Type: Side-Impact
Award/Settlement Amount: $242,494
Case Summary: Defendant was driving while Plaintiff was reportedly a passenger in his car. Co-defendant was operating a tractor and reportedly struck the passenger side door and rear panel of the Defendant’s Vehicle. Claiming he sustained injuries in the accident, Plaintiff sued Defendants. In his answer, Defendant denied he was negligent and claimed Plaintiff injuries were caused by the negligence of Co-defendant. Co-defendant argued that he was not negligent. Jury concluded Co-defendant was negligent, but determined Defendant was not negligent. Plaintiff was awarded damages of $167,000 from Co-defendant. Judge affirmed the verdict and also awarded Plaintiff interest from in the amount of $75,493.81.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Valentino v. Rivera, 2001-04086

Back and Head Injuries from Garbage Truck Collision

Type of Injury: Back and head injuries-trauma-triggered fibromyalgia
Accident Type: Side-Impact
Award/Settlement Amount: $267,500
Case Summary: The plaintiff was traveling straight on a main road when a garbage truck that was operated and owned by the defendants backed into the plaintiff’s lane of travel causing an accident. The plaintiff claimed that the defendant garbage truck operator backed into her lane without waiting before it was safe to do so. The plaintiff refused to be taken from the scene by ambulance, but presented herself to the emergency room for treatment later that day where she complained of soft tissue injuries. The defendants denied liability. At arbitration, the plaintiff was awarded $250,000. The plaintiff’s husband received $17,500 for loss of consortium.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Coniglio v. Cyphers, MICV2002-02356

Truck Driver and Truck Owner Liable for Plaintiff’s Damages

Type of Injury: Back injuries-acute cervical strain
Accident Type: Side-Impact
Award/Settlement Amount: $297,543
Case Summary: While traveling as a passenger in a motor vehicle, Plaintiff was involved in a motor vehicle accident with a truck. Claiming she suffered acute cervical strain and other injuries, Plaintiff sued the driver and the owner of the truck. The plaintiff said her medical bills topped $35,000, all due to defendant driver’s negligent driving. Responding, the defendants gave a different account of events and denied liability. Jurors found for Plaintiff, awarding her $200,000 as compensation for her injuries. Judge returned a verdict for the plaintiff, reduced the award by $2,123 for personal-injury-protection benefits and added about $100,000 in interest.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Hickey v. Wambolt, CV2001-02653

Award for Lumber Disc Injuries from Sideswipe Crash

Type of Injury: Back injuries-L4-L5 and L5-S1 disc protrusions causing inactivity.
Accident Type: Side-Impact
Award/Settlement Amount: $350,000
Case Summary: Plaintiff was operating a motor vehicle when Defendant’s driver reportedly swerved into plaintiff’s lane of travel and struck plaintiff’s vehicle. Plaintiff claimed to have suffered back and neck injuries that required chiropractic treatment, physical therapy, pain medication and epidural steroid injections for two years after the accident. Plaintiff’s minor son, who was deaf, filed a loss of consortium claim. Defendant admitted liability for the accident, but disputed the nature and extent of plaintiff’s injuries. Jury returned a Plaintiff verdict, awarding him $350,000 in damages. Plaintiff’s minor son was awarded $50,000 for loss of consortium.
Location: Boston City, Suffolk County, Massachusetts.
Case Name and Docket Number: Mainero v. Verizon Communications, 03-5776F

Defendant Blames Phantom Vehicle for Head-On Collision

Type of Injury: Head injury-Concussion.
Accident Type: Head-On
Award/Settlement Amount: $375,000
Case Summary: “Plaintiff allegedly suffered a concussion, resulting in labyrinthine
vertigo and temporomandibular joint dysfunction, which may require surgery in the future, when her vehicle was struck head-on by the defendant’s vehicle. The plaintiff contended that the defendant was negligent in crossing the centerline on a curve and striking her vehicle. The defendant contended that a phantom vehicle caused him to collide with the plaintiff’s vehicle. The defendant further contended that the plaintiff’s injuries were a result of pre-existing conditions and a prior motor vehicle accident. Parties however reached a settlement before trial”
Location: Suffolk County, Massachusetts.
Case Name and Docket Number: Zunski v. Cantelupa, 93-1725

Plaintiff Disabled By Rear-end Collison by Truck

Type of Injury: Head injuries-Traumatic brain injury; closed-head trauma
Accident Type: Rear-End
Award/Settlement Amount: $478,679
Case Summary: The plaintiff was involved in a multi-car chain reaction motor vehicle accident. He was in the course of his part-time employment as a courier at the time of the accident. His automobile was struck in the rear by a large truck driven by an employee of the defendant. The plaintiff sustained a traumatic brain injury and a fractured rib as a result of the accident. The plaintiff was totally disabled from his employment as a result of the accident two years later. He suffered from Anomia, mood swings, depression and impaired receptive and verbal learning. Defendant denied liability. Parties later reached settlement.
Location: Bristol County, Massachusetts.
Case Name and Docket Number: Salce v. Commonwealth of Massachusetts, BRCV2010-00273

Partial Disability Back Injury Case Mediated and Settled Before Trial

Type of Injury: Back Injury-Lower back strain, nerve root impingement of spine
Accident Type: Rear-End
Award/Settlement Amount: $553,326
Case Summary: Plaintiff was rear-ended in her vehicle by the defendant’s vehicle while stopped at an intersection. Defendant was driving a truck in the course of his employment for defendant employer. Plaintiff suffered from lower back strain, disc bulging at L4-5 and L3-4. Plaintiff developed concentrated and consistent pain in the low back into her buttock and right leg and underwent a series of physical therapy and received corti/steroid injections. Plaintiff’s expert opined a 10 percent whole person impairment and a causal relationship to accident. The defendant’s experts opined a partial disability with restrictions. The case was mediated two weeks prior to trial and settled one week later.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Polack v. Symonds, 98-CV-2286B

Dump Truck Driver, Construction Company Liable for Plaintiff’s Damages

Type of Injury: Back and Neck Injuries
Accident Type: Rear-End
Award/Settlement Amount: $600,000
Case Summary: Plaintiff was driving on a section of roadway that was in the process of being repaved. As Plaintiff approached the end of the roughed up surface, a dump truck lost a roller bar that landed on the highway in front of Plaintiff and bounced toward her vehicle. Plaintiff took evasive measures to avoid being struck by the roller bar but lost control of her car at which time she was struck from behind by a cement mixer truck. Plaintiff sued the owner of the dump truck, its driver and the construction company performing the repaving project. The defendants cross claimed against each other. The jury returned a Plaintiff verdict.
Location: Plymouth County, Massachusetts.
Case Name and Docket Number: Long v. ABC Disposal, 1283cv00705

Passenger Suffered Brain Damage in Car with Drunk Driver

Type of Injury: Head Injury-Brain damage
Accident Type: Single Vehicle
Award/Settlement Amount: $625,000
Case Summary: The plaintiff was a passenger in a motor vehicle operated by Defendant. Due to her injuries, the plaintiff had no memory of the accident. While investigating the case, the plaintiff’s counsel located the bartender who had served Defendant alcohol while he was at a Pub. It was learned that the bartender who had served Defendant alcohol had determined that he was intoxicated, shut him off, switching him to sodas. She then instructed the night bartender coming on duty that Defendant was “on soda”, not to be served any further alcohol. The defendant denied liability for the accident. Parties later reached settlement.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Picard v. Worcester Piccadilly, 93-0651

Arbitration Award for Brain Damage Caused by Milk Truck

Type of Injury: Head injuries; traumatic brain injury, cerebral contusion, post-traumatic head pain syndrome
Accident Type: Side-Impact
Award/Settlement Amount: $690,000
Case Summary: The plaintiff was involved in a motor vehicle accident with the defendant’s milk truck. The plaintiff claimed that the accident occurred when the driver of the defendant’s truck failed to stop at a stop sign and blocked the plaintiff’s path. The force of the impact caused the plaintiff to be thrown forward, striking the dashboard glove compartment with his face. The defendant denied that the plaintiff sustained a traumatic brain injury in the accident with the milk truck. The arbitrator found for the plaintiffs and awarded $690,000 in damages. The arbitrator also awarded $300,000 for the consortium claim for the plaintiff’s wife.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Mahoney v. Harris Milk , 96-2621

Drunk Driver Leaves Woman Brain Damaged, Institutionalized

Type of Injury: Head Injury-traumatic brain injury
Accident Type: Head-On
Award/Settlement Amount: $1,400,000
Case Summary: This was a claim for motor vehicle negligence against the defendant driver and the persons or entities who allegedly served him alcoholic beverages while he was 19 years old, thus causing his intoxication at the time of the accident. The plaintiff, sustained severe traumatic brain injury, complex facial fracture, and fracture of her right ankle resulting in permanent and total mental and physical disability, rendering her incompetent and under the care of a permanent legal guardian at a long-term care facility. The plaintiff’s minor child claimed damages for loss of parental society. The defendant driver was convicted of charges of driving while intoxicated. Parties reached settlement.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Hickey v. Sanders, 98-0906

Plaintiff Settles with Both Insurance Companies

Type of Injury: Head injuries
Accident Type: Side-Impact
Award/Settlement Amount: $1,685,196
Case Summary: Plaintiff was involved in a motor vehicle accident. Her husband hired an attorney to represent the couple and their four children in legal actions against the offending motorist and their own automobile insurer. Plaintiff later settled with the other motorist and received a portion of the settlement for his loss of consortium. After Plaintiff had trouble getting his vehicle repaired, his attorney advised him to rent the same model and his Insurer would pay for the expense. Plaintiff reportedly suffered panic attacks and became suicidal from stress regarding insurance compensation and sued his attorney. Superior Court Jury found in favor of Plaintiff.
Location: Middlesex County, Massachusetts.
Case Name and Docket Number: Jakubek v. Mason, CV2002-02869

Victim’s Head Impaled By Rail of Defendant’s Windshield

Type of Injury: Head injuries-Traumatic brain injury, optic neuropathy of the left eye, left orbital blowout fracture
Accident Type: Rear-End
Award/Settlement Amount: $10,000,000
Case Summary: Plaintiff, a detective, was operating his police vehicle when he was struck in the rear by defendant 2. Discovery revealed that defendant 2 was operating her cellular telephone at the time of the accident. The force of the collision caused defendant 1’s vehicle to be propelled across the center of the roadway, into oncoming traffic, and right up to the left side of the plaintiff’s vehicle. The left frame rail of defendant 1’s vehicle tore away and pierced the plaintiff’s windshield, spearing the plaintiff in the head. Following the collision, plaintiff was found unconscious and suffering from a severe head injury. Mediation settlement was reached after a lengthy session.
Location: Norfolk County, Massachusetts.
Case Name and Docket Number: Carroll v. Spatola, 00-887

Brain-Damaged Passenger Shared Fault for Riding with Drunk Driver

Type of Injury: Head injury-brain damage
Accident Type: Single Vehicle
Award/Settlement Amount: $14,900,000
Case Summary: Plaintiff reportedly suffered severe brain damage when she and a friend left the defendant pub and were later involved in a motor vehicle accident four miles from the pub. The plaintiff contended that the defendant was negligent for serving drinks to the plaintiff and her friend for nearly three hours. The defendant denied liability and contended that the plaintiff’s friend, who was the driver of the vehicle, did not appear to be intoxicated. The defendant also contended that the plaintiff was comparatively negligent for getting into a vehicle with a driver that had been drinking. The plaintiff was found 28 percent negligent and her award was reduced to $14,900,000.
Location: Worcester County, Massachusetts.
Case Name and Docket Number: Ami v. O’connor Cafe, 94-00562

Methodology

We collected and analyzed a group of real Massachusetts lawsuits filed by injured car accident victims. All plaintiffs in the group received compensation from a jury award or by settling with the defendant before trial. In some cases the jury award was offset by Personal Injury Protection (PIP) paid to the plaintiff prior to trial.

In cases with more than one plaintiff, the “Award/Settlement Amount” reflects the highest payout to an individual plaintiff. The Award amount also reflects any reduction applied for shared fault.