D'Amico · Burchfield Wins $2.8 million Award for Man Injured in Horrific Car Accident - One of the Largest Personal Injury Awards in RI History

On Friday, September 22, 2006, a Providence County Superior Court jury returned a verdict of $2.1 million in a personal injury trial. The case involved a man who was severely injured in a car accident in September of 2003. The man was a passenger in a vehicle that hit two telephone poles on Warwick Avenue in Cranston. The accident crushed his right leg and foot. The jaws of life were used to extricate him from the vehicle.
Only through extraordinary efforts including 8 surgeries were doctors able to save the man’s leg. The injury left him with multiple metal rods and pins in his leg, a permanent limp, limited mobility in his ankle, and a 22% full body impairment. The $2.1 million jury award followed an intense five day trial and is believed to be one of the largest in a personal injury case in many years. With interest, the verdict totaled almost $3 million.
D’Amico • Burchfield utilized state of the art technology for visual presentation and introduced extensive medical testimony from orthopedic and plastic surgeons to allow the jury to clearly visualize the magnitude of the injury. Mark W. Dana, Esquire, Head of Litigation at D’Amico • Burchfield presented the case at trial.

D'Amico • Burchfield Secures $475,000 settlement for client injured in bar room fight.

A 24 year-old man suffered non-permanent head injuries and permanent scarring after being assaulted at a New Year's Eve Party, where he was an innocent guest. The young man's medical bills totaled $39,921.68. The liability insurance carrier for the premises that had been rented for the party initially offered $250,000.00 to settle the claim. Almost immediately after D'Amico · Burchfield commenced litigation, the liability insurance carrier settled with the Plaintiff for $475,000.00.

D'Amico • Burchfield Secures $400,000 settlement for client injured in motorcycle accident.

A 20 year-old man was struck by a motor vehicle while riding his motorcycle. He suffered permanent head and orthopedic injuries. His medical bills exceeded $100,000.00. The liability insurance carrier offered a settlement of $75,000.00, and argued that the Plaintiff was comparatively at fault for the accident. When D'Amico · Burchfield aggressively litigated the case in Superior Court and a non-binding mediation, the case settled for $400,000.00.

D'Amico • Burchfield Secures $300,000 settlement for client injured in tractor-trailer accident.

A woman suffered permanent head injuries, orthopedic injuries, and scarring after being ejected from her compact vehicle that was struck by a tractor-trailer truck on Route 95 in Providence. After having been turned away by another prominent law firm, the woman sought representation from D'Amico · Burchfield, and litigation commenced immediately. The liability insurance carrier made no offer to settle the case for three years and, further, hired a physician to say that the Plaintiff's injuries were minor. Her medical bills were approximately $60,000.00. As D'Amico · Burchfield prepared for imminent trial, the case was submitted to non-binding mediation and the liability carrier offered $300,000.00 to settle the case.

D'Amico • Burchfield Secures $250,000 settlement for young boy injured in auto accident.

An 11 year-old boy suffered a broken leg and a forehead laceration with scarring as a result of a single-car accident in which he was a passenger. After obtaining the liability policy limits of $25,000.00, the minor Plaintiff pursued a claim against the underinsured motorist coverage of his family's household auto insurance policy. The case was submitted to arbitration heard by a panel of three arbitrators. Prior to the announcement of the arbitration award, the insurance company offered $200,000.00 to settle the young boy's claim. D'Amico · Burchfield arranged for the funds to be put into an annuity for the young boy and, as a result, he will recover more than $250,000.00 in cash, with no tax consequences, by the time he is 27 years old.

D'Amico . Burchfield obtains a $240,000 settlement for a young man injured in a one car accident.

A 19 year old young man suffered a serious leg injury when the driver of the vehicle he was a passenger in lost control and collided with a tree. Two other passengers in the vehicle also suffered serious injuries. D'Amico · Burchfield aggressively investigated the claim and was able to discover additional insurance coverage for the responsible driver and during the course of litigation was able to settle the claim for $240,000.

D'Amico . Burchfield Secures $210,000 settlement for the wrongful death of a nursing home resident.

An elderly, wheelchair-bound nursing home resident died from multiple traumatic injuries when her wheelchair fell down a set of unguarded steps in her residential living facility.  D'Amico · Burchfield worked closely with the Providence law firm of Mandell, Schwartz & Boisclair and were successful securing a $210,000 settlement for the decedent's Estate based on the argument that the nursing home failed to provide adequate safety measures to protect against the decedent's fall.

D’Amico • Burchfield Secures $200,000 settlement for woman injured in an out of state accident.

A Rhode Island woman was seriously injured in a rear end collision on Rte. 95 in the state of North Carolina. The woman suffered scarring, physical and emotional injuries as a result of this accident. The insurance company for the responsible party attempted to minimize the physical and emotional injuries. With the threat of litigation, D’Amico • Burchfield successfully settled the claim for $200,000.

D'Amico . Burchfield Secures settlement of $200,000 in a breach of contract case.

The owners of a local company acted as long term salesmen for a large Rhode Island manufacturing company. After a 20 year business relationship, the manufacturer unilaterally terminated the business contract and refused to pay any additional commissions to the salesmen. D'Amico · Burchfield zealously litigated the case in Providence County Superior Court up to the point of trial successfully secured a settlement for the salesman in the amount of $200,000.

D'Amico . Burchfield Secures $200,000 settlement for auto accident victim.

A 20 year-old man suffered a compound fracture of his left ankle that required surgical repair, and then developed a staph infection in the wound after being hit head-on by a motor vehicle that crossed the center lane of travel to avoid striking an illegally parked car.  The client was left with a 15% permanent impairment of his whole body as a result of the left ankle damage. D'Amico · Burchfield settled claims against the liability insurance companies for both vehicles for their total policy limits of $150,000.00.  D'Amico · Burchfield then pursued a claim against the client's personal uninsured motorist coverage and received only one settlement offer of $3,000.00 because the insurance company believed that the client had already received full compensation for the ankle injury.  D'Amico · Burchfield pursued the case through binding arbitration before a panel of three arbitrators and secured an award for an additional $50,000, resulting in a total recovery of $200,000.00. 

D'Amico • Burchfield resolves a disputed property loss for $190,000.00.

A businessman owned a strip mall in the Johnston, RI. The businessman retained the services of a contractor to perform roofing work on the property. During the course of construction, the roof was not properly secured and a severe rain storm resulted in significant flooding and damage to the building. The contractor claimed that it was not responsible for the flood and resulting damage. D'Amico · Burchfield filed a lawsuit against the contractor and on the eve of trial, the contractor’s insurance company agreed to pay $190,000 in settlement of the claim.

D'Amico • Burchfield Secures settlement of $150,000 for businessman against his insurance agent.

A business owner in Pawtucket purchased insurance from his agent to protect his business assets and the real estate. The insurance agent was negligent in writing the insurance policy and did not obtain the insurance coverage that the business owner required. After suffering a flood loss, the business owner learned that he did not have the appropriate insurance to cover his claim. D'Amico · Burchfield brought a malpractice action against the insurance agent and ultimately litigated that case to the point of trial. Prior to trial, the insurance company for the agent agreed to settle the claim for $150,000.

D'Amico • Burchfield Secures settlement of $145,000 in a rear-end collision.

A military recruiter was injured in a rear-end collision in Attleboro, Massachusetts. Along with strains to his neck and back, he sustained a pinched nerve in his neck that ultimately required surgery. D'Amico · Burchfield successfully obtained the policy limit of $20,000 from the responsible party’s insurance company and then pursued a claim against our client’s uninsured motorist coverage. D'Amico · Burchfield zealously litigated the claim and ultimately secured a settlement for the client against his own insurance company for an additional $125,000.

D'Amico • Burchfield resolves disputed workers’ compensation claim for $140,000.

A female employee was attacked at work by an individual who performed odd jobs for her employer. The employee suffered a skull fracture and right cranial nerve palsy. The workers’ compensation carrier took the position that the incident was a “random act of violence” and not an injury related to work. D'Amico · Burchfield immediately filed a workers’ compensation petition and aggressively prepared the matter for trial. Just prior to trial, D'Amico · Burchfield settled the claim for $140,000.

D'Amico • Burchfield Secures $125,000 settlement for woman injured in auto accident.

A woman in her 50’s was injured in a rear-end collision. She was out of work for several months and she sustained a permanent loss of use with her upper extremity. The insurance company required her to visit with their doctor for an Independent Medical Exam. The Insurance Company’s doctor confirmed the injuries and agreed that the woman had a permanent impairment. The Insurance Company refused to offer more than $50,000 to settle the case. D'Amico · Burchfield filed a lawsuit and accelerated the matter on the trial calendar. D'Amico · Burchfield submitted the matter to mediation and successfully negotiated a settlement the amount of $125,000.

D'Amico • Burchfield Secures $120,000 settlement for man injured in auto accident.

A man sustained permanent injuries to his back and knees, both requiring surgery, as a result of a broadside automobile collision. After closely following the man's medical treatment, D'Amico · Burchfield was able to settle the man's case for both the policy limits of the liability insurance carrier and the policy limits of the underinsured motorist carrier, for a total settlement in excess of $120,000.00.

D'Amico • Burchfield Secures $114,370 arbitration award in disputed wrongful death case.

An elderly construction worker was struck and killed by an oncoming car while he was preparing a construction site. The driver's liability insurance carrier disputed liability, and claimed that the worker assumed the risk of being on the site. At a binding arbitration, D'Amico · Burchfield proved liability on the part of the operator. The decedent's Estate was awarded $114,370.00.

D'Amico . Burchfield Secures $106,321 settlement for woman injured in chain-reaction rear-end accident.

A woman sustained injuries to her back, knee and ankle after being struck from behind by two vehicles in quick succession.  During the next three years, she underwent surgeries to repair her knee and back injuries.  The insurance carrier for the vehicle directly behind the woman promptly paid the limits of its liability policy of $25,000.00.  The insurance carrier for the third car in line denied our client's claim. D'Amico . Burchfield demanded a policy limit settlement from the third vehicle's insurance company, as well as a policy limit settlement from our client's own underinsured motorist policy.  Both companies maintained their denial of the claim. D'Amico . Burchfield litigated the claims against both companies in a binding arbitration proceeding and was successful in securing an award for our client totaling $106,321.

D'Amico • Burchfield wins $102,000 settlement of business/contract dispute.

A co-lessor of prime billboard space executed a renewal lease without his co-lessor's permission, thereby cutting the ousted lessor (D'Amico · Burchfield's Plaintiff) out of significant rental profits. At arbitration, D'Amico · Burchfield proved the value of lost back rental income and future income for the duration of the original lease. The matter settled the day before trial. The Defendant agreed to pay the Plaintiff $55,963.98 in back rent, and he will have paid an additional $47,510.00 in future rental income by the end of 2005.

D'Amico . Burchfield resolves a disputed fire loss for $100,000.

A three family investment property suffered a significant fire loss. The owner of the property presented a claim against his homeowner’ insurance policy. The insurance company inappropriately suspected that the owner of the property was involved in the fire and refused to pay the claim. D'Amico · Burchfield immediately filed a lawsuit against the insurance company. As a result of D'Amico · Burchfield’s zealous litigation of the case, the insurance company agreed to settle the claim for $100,000.

D'Amico . Burchfield Secures $100,000 settlement for woman injured in auto accident.

Our client sustained carpal tunnel injuries to both wrists and a neck injury when she was broadsided by another vehicle.  The carpal tunnel injuries required two outpatient surgeries, and the client received steroid injections to relieve her neck pain.  The liability insurance carrier initially offered only $8,500.00 to settle the claim, stating that it did not believe the injuries were serious or otherwise related to the accident. D'Amico . Burchfield filed a lawsuit against the responsible party and as a result of aggressive litigation, settled the claim for $100,000.00.

D'Amico • Burchfield Secures $100,000 settlement for young man injured in auto accident.

A young man was a passenger in his friend's vehicle, when the vehicle crashed into a telephone pole. The young man suffered a fractured pelvis, requiring internal rods and pins, along with facial scarring. The liability insurance carrier denied the claim, stating that the operator of the motor vehicle had failed to reveal a driving infraction on his insurance application. D'Amico · Burchfield immediately filed a lawsuit in Superior Court, and within one week, the liability insurance carrier agreed to provide coverage and further agreed to pay the policy limits totaling $100,000.00. D'Amico · Burchfield is currently pursuing additional recovery for the client through an underinsured motorist claim.

D'Amico • Burchfield secures $97,500 settlement for young woman bicyclist injured in auto accident.

A 17 year-old girl suffered a broken leg, fractured teeth and facial lacerations resulting in permanent scarring after riding her bicycle out of a side street and across oncoming traffic.  A number of events made it difficult, if not impossible to prove that the operator of the motor vehicle was actually negligent and responsible for the accident. The young girl suffered traumatic amnesia, the investigating police department failed to conduct an accident reconstruction, and the operator of the motor vehicle could not be located after she left the scene of the accident.  Because the motor vehicle involved in the collision was not insured, it was necessary to pursue a claim against the uninsured motorist insurance coverage available to the young injured woman through her parent's auto insurance. The insurance company initially denied the claim and made no offer to settle, taking the position that the young girl on the bicycle was responsible for her own injuries. D'Amico · Burchfield zealously pursued the claim against the insurance company through mediation and arbitration and ultimately negotiated a settlement of all claims for $97,500.00.

D'Amico • Burchfield Secures $90,000 settlement for young girl scarred in auto accident.

A small girl suffered facial injuries resulting from broken glass in a car accident. The liability carrier initially offered to compensate her $60,000.00 for her facial scarring. After filing suit, D'Amico · Burchfield obtained a top settlement figure of $90,000.00. By the time the young girl completes college, she will net more than $150,000.00.

D'Amico • Burchfield Secures settlement of $85,000 for man injured in rear end collision.

A master carpenter suffered a motor vehicle accident-related shoulder injury that effectively ended his career. D'Amico · Burchfield filed a lawsuit against the responsible party in Massachusetts to litigate the claim. The liability insurance carrier argued that the injury was caused by wear and tear and not by the accident, and offered only $15,000.00 to settle the case. Through zealous litigation and by enlisting the expertise of a world-renowned orthopedic surgeon, D'Amico · Burchfield proved otherwise. The case resolved at private mediation just prior to trial for $85,000.00.

D'Amico • Burchfield secures $82,500 settlement for woman injured in a slip and fall at her family's home.

A young woman sustained a shoulder injury requiring surgical repair after falling on a patch of ice in the driveway of her family's home.  Her family acknowledged the dangerous condition of its premises.  The liability insurance carrier initially denied our client's claim, arguing that she was not eligible to pursue a claim because she lived at the property. D'Amico · Burchfieldproved otherwise and defeated this argument. The liability insurance carrier then refused to settle the claim, arguing that our client re-injured her shoulder in another incident eleven months later.  D'Amico · Burchfieldagain proved otherwise and ultimately secured a settlement of $82,500.00.

D'Amico • Burchfield Secures settlement of $75,000 in soft tissue injury.

A professional woman in her 40’s was injured when another vehicle broadsided her. She sustained moderate injuries to her neck and back. The woman had a small lost wage claim as missed time from one of her two jobs. The Insurance Company argued that the injuries and lost wages were minimal and offered a nominal amount to settle the case. D'Amico · Burchfield threatened litigation and ultimately settled the claim before filing a lawsuit for $75,000.

D’Amico • Burchfield Secures $70,000 settlement for young man with knee injury.

A Rhode Island man suffered a knee injury in a motor vehicle accident that resulted in a permanent impairment. The insurance company for the responsible parties sought to minimize the claim by arguing that the accident involved a low impact accident and that the man’s knee injury existed prior to the accident. D’Amico • Burchfield disagreed and filed a lawsuit against the responsible parties and thereafter successfully settled the claim for $70,000.

D'Amico • Burchfield Secures $70,000 arbitration award for man injured in auto accident.

A young man hit his head during the course of a car accident. After careful examination of the man's medical records, D'Amico · Burchfield realized the extent of the young man's injuries, and followed him through intensive treatment for a permanent head injury resulting in a cognitive deficit. The liability carrier offered $15,000.00 to settle the case. D'Amico · Burchfield obtained a $70,000.00 arbitration award.

D'Amico • Burchfield wins $65,000 settlement of business/contract dispute.

A salesman was cheated out of his earned commissions. After working with five attorneys over a period of five years, the gentleman came to D'Amico · Burchfield to help recover the lost funds. The Defendant argued that it owed the Plaintiff $2,000.00. The Plaintiff argued that he was owed $69,000.00. On the morning of trial, the Defendant entered into a settlement agreement, whereby it agreed to pay the Plaintiff $65,000.00. D'Amico · Burchfield accomplished in 18 months what other attorneys could not accomplish in five years.

D'Amico • Burchfield secures $52,000 settlement for man injured in fall at condo complex.

An elderly man was exiting his own condominium through the garage on a cold winter night, when he slipped and fell on black ice. D'Amico · Burchfield alleged that the roof gutters were improperly located and created a dangerous condition in that they deposited the roof water in a wide swath directly in front of the man’s garage. When the temperature dropped, the roof water froze into a thin sheet of ice. The insurance company disputed our theory of responsibility and denied liability for the claim. With the threat of litigation, D'Amico · Burchfield was successful in securing a $52,000 settlement of the claim.

D'Amico • Burchfield resolves business dispute for a national company.

A national company with a Rhode Island office purchased equipment from an out of state distributor. Upon receiving the equipment in Rhode Island, the national company discovered it was defective and demanded its’ money back. The out of state distributor refused to issue a refund and took the position that the equipment was sold “as is.” D'Amico · Burchfield zealously advocated on behalf of the national company and threatened litigation. To avoid litigation, the out of state distributor agreed to accept a return of the defective equipment and refund the purchase price.