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RESULTS
Our results in settlement, verdict, arbitration and mediation have ranged from a few thousand dollars to $6 million. The examples below are just some of our case results. For recent results and legal features, please read the articles posted to our BLOG
MOTOR VEHICLE ACCIDENTS
Injured motorcycle officer receives $2.4 million dollar settlement after suing insurance company for hiding insurance coverage
Officer awarded more than $1 million after detail injury cost him his career Officer collects $500,000 for head injury with no fractures eventually returning to work Attorney Steven Ballin settled this matter for an officer who was ambushed and shot with a .44 Magnum while responding to a 911 call. The settlement represents the limit of the insurance policy that was available. Although insurance policies typically do not provide coverage for conduct in which the insured intends to cause or harm the insured expects to occur, Attorney Ballin was able to persuade the insurance company to cover this very serious and career ending injury. For the full story about this important case and how it was resolved, please go to the above link. Officer receives $500,000 settlement after being shot while responding to 911 call $250,000 settlement arising from officer injured responding to domestic incident Officer collects $155,000 for injuries suffered during administration of first aid to swimmer struck by a motorboat Officer hurt while running to a pursued vehicle, asserted his legal right and collected $150,000 for his damaged knee, beyond his injury on duty benefits Officer assaulted in jail cell, collects $150,000 from assailant Officer receives $140,000 after old shoulder injury is aggravated during a booking Officer who injured shoulder removing drunk, combative driver from vehicle receives $127,500 Detail officer collects $120,000 because contractor cut corners, thereby exposing officer to harm Officer injured while chasing suspect collects $120,000 for damaged knee Officer received $100,000 from his own policy, after re-injuring his back during a heroic stop of an uninsured motorist Officer collects $100,000 for injured wrist when defendant refused to come along peacefully Officer collects $100,000 for injury on duty after two other attorneys gave up on his case Officer collects $100,000 for dislocated shoulder placing intoxicated person into protective custody despite officer’s history of prior shoulder problems Detail officer awarded $43,500 for damaged hearing, despite no lost time from work Officer collects $20,000 after being misinformed he had no case March 29, 2005 — Massachusetts Superior Court rules officer hit by friendly fire can make a claim against his personal automobile insurance policy. Attorney Steven Ballin obtained a favorable ruling from Superior Court Justice Mitchell J. Sikora Jr., declaring that a police officer who was hit by friendly fire that was intended for a fleeing van during a drug buy bust organized by a Federal Task Force, did have an injury that arose out of the operation of a motor vehicle. As a result of being hit by friendly fire, the injured officer became disabled and lost his career as a police officer. The court's ruling is significant as the van had no insurance coverage available since it was allegedly stolen, and the defendant, who was subsequently convicted and incarcerated, has no reachable assets to satisfy the injured officer's claim. Attorney Ballin made a claim against the injured officer's own automobile insurance policy under his Part 3 coverage for "Bodily Injury Caused By An Uninsured Auto." His claim was denied by his insurance company which claimed that: 1. his injury didn't arise out of the "operation" of an uninsured motor vehicle and 2. the injury to him was intended by the fleeing operator. Attorney Ballin argued that it was the negligent operation of the motor vehicle which threatened the lives and safety of the officer and the public, and that it caused him to be hit by friendly fire. Because of this, it should fall within his insurance coverage and, because the injury to him was not intentional (and even if it was) it didn't disqualify the officer from reaching his own insurance. The Court agreed to permit the injured officer and his wife to collect from their own personal automobile insurance policy. This favorable ruling is currently tied up on post trial motions. The insurance company has filed a notice of its intent to appeal the ruling to the Massachusetts Court of Appeals. The case reference is Michael D. Chapdelaine and Kara M. Chapdelaine vs. Boston Old Colony Insurance Company, Norfolk Superior Court Civil Action No. 01-01738-B. November 10, 2005 — Rhode Island Supreme Court to decide whether injured officer entitled to prejudgment interest on arbitration award in connection with injuries sustained when injured on duty. Attorney Steven Ballin appeared before all five justices of the Supreme Court for the State of Rhode Island in an effort to obtain prejudgment interest on a favorable arbitration award received by a Seekonk police officer who was injured on duty when his vehicle was struck while on a detail at a local movie theater by an underinsured auto. The motor vehicle drove through an intersection with no headlights in the dark of night and T-boned the officer's vehicle. Attorney Ballin argued at the hearing before the Supreme Court that the arbitrators mistakenly failed to award the injured officer prejudgment interest on the amount of money the officer received from the defendant's insurance company. If successful, the injured officer will not only receive the additional prejudgment interest, but future Rhode Island accident victims may be entitled to the same prejudgment interest on their future claims. The injured officer had made a claim against his own personal "Bodily Injury Caused by an Underinsured Auto" coverage, which was a Rhode Island insurance policy. Because there was no agreement on the amount of his claim, it proceeded to arbitration before three arbitrators in Rhode Island. The case name is Metropolitan Property and Casualty Insurance Company v. Colin Barry, No. 2003-478-A. The case garnered much local attention on this hotly debated issue with court accepting the filing of amicus curiae briefs by the Rhode Island Trial Lawyers Association and the Casualty Insurers of America. A decision is expected within the next two months. DISCLAIMER |
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Ballin & Associates, LLC
16 Chestnut Street, Suite 130
Foxborough, MA 02035
Toll Free: 800-245-2052
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
16 Chestnut Street, Suite 130
Foxborough, MA 02035
Toll Free: 800-245-2052
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
