Wellesley MA Motor Vehicle Accident
Feniger & Uliasz Lawyers
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MVA Massachusetts - Uninsured Motorist Coverage
At the time of this accident the Plaintiff was traveling on the ramp from Route 128 to Route 9 in Wellesley, Massachusetts when she was struck from behind by the Defendant, a resident of Lowell Massachusetts. The Defendant reported to the investigating officer that he was insured by Safety Insurance Company but, it was later determined that the policy had been cancelled and the vehicle was uninsured. Therefore this claim was made under the uninsured motorist coverage of the Plaintiff’s own policy.
As a direct result of the negligence of the Defendant the Plaintiff has sustained a concussion, cervical strain (neck injury) and Lumbar Strain (Low Back Injury).
At the time of this accident the Plaintiff was employed as a flight attendant with Northwest Airlines. The Plaintiff was totally disabled for a total period of 21 weeks. She continues to be partially disabled.
An ambulance was called to the scene by police but, believing she was only shaken she declined. She traveled to her home feeling a little dazed, developing a headache, increasing neck and back pain. She took over the counter pain medication and rested over the next day. Unfortunately the pain increased with additional symptoms of nausea, numbness and tingling in her face and arms, memory disturbance and increasing body pain. She contacted her family physician and was advised to have her husband take her to the local emergency room.
The hospital records report that she presented in moderate pain with decreased cervical range of motion, tenderness and pain, back pain as well as headache, memory loss and nausea. She underwent x-rays of the cervical and lumbar spine and a CT scan of the head. Ultimately she was diagnosed with a concussion and prescribed appropriate medication. A referral was made to return to her primary care physician for further care which she did. She reported that her symptoms had not improved. She was prescribed physical therapy and referred to a neurologist for the concussion. She was seen by a neurologist and the diagnosis of post concussion syndrome was confirmed. She was advised that recovery could take months.
While her discomfort continues the Plaintiff has resigned to work through her problems by continuing her home exercise program. She continues to suffer headaches as a result of physical and emotional stress. She had never suffered such headaches prior to the accident and would testify that they interfere with her ability to function and interact with family and at work. While she has been told that the symptoms of both the muscle strain and concussion will abate over time she has yet to feel as though she has recovered to this point.