Motor Vehicle Accident & Wrongful DeathTragically, Attorney Perrault's client was killed in a New Hampshire automobile accident when an oncoming, larger vehicle crossed the center line. A dispute arose as to which party crossed the center line. Through Attorney Perrault's use of an accident reconstructionist, Attorney Perrault was able to show that the other party crossed the center line. Further, deposition testimony elicited by Attorney Perrault indicated that makeup was strewn about the floor of the other party's vehicle, suggesting that the other driver, a woman, may have been in the course of applying makeup at the time of the accident. Through a private investigator who interviewed residents in the area of the accident, individuals who were on the scene immediately after the accident were able to provide deposition testimony as to the terrible suffering of the client before he passed away. Projected lost earnings of the decedent over his life expectancy were hotly contested. Decedent's traditional earnings were spotty. However, Attorney Perrault was able to prove through the W-2 forms generated by the Decedent's new business partners, that the Decedent's income for the year in question would have been substantial. The initial offer on the case was $300,000.00. The matter settled shortly before trial for $1,100,000.00. Work site Accident - Warehouse WorkerAttorney Perrault's client was a warehouse worker at a major New England supermarket. While the client was in the course of his employment at the supermarket warehouse, he sustained a crushing injury and fractures of his left tibia and fibula when a pneumatic dock plate engaged on his left leg. This occurred as the client backed out of a tractor-trailer while on a forklift. Attorney Perrault made claims against both the supermarket, and the company which serviced the pneumatic dock plates. The defense presented that the client should have been more aware of his surroundings and noticed the dock plate in question prior to its engagement. The level of the client's disability was also contested. Ultimately, Attorney Perrault negotiated worker's compensation benefits totaling $231,333.00. Further, Attorney Perrault was able to recover from the dock plate maintenance company the sum of $67,500.00, resulting in a total recovery of $298,833.00. Finally, the worker's compensation carrier fully waived its automatic lien against the dock plate maintenance company recovery. Shortly after the recoveries, the client was able to return to the workforce. Highway Motor Vehicle AccidentAttorney Perrault's client was traveling south on Route 93, and approaching the Route 495 South onramp. According to Attorney Perrault's client, a second operator, driving very aggressively, attempted to force his way into the client's travel lane causing a three car collision. The second operator maintained that as he attempted to pull into the travel lane of the client, the client sped up, causing the accident. An independent truck driver witness suggested that it appeared there was some "cat and mouse" going on. However, Attorney Perrault conducted a deposition of the third operator in the accident and he elicited testimony from this witness to the effect that the second operator was driving erratically prior to his collision with Attorney Perrault's client. Favorable testimony was also elicited from the second operator through his deposition. An accident reconstructionist was able to show that the second driver was at fault. The initial offer on the claim was only $7,500.00. After substantial litigation, mediation was scheduled. Attorney Perrault presented his client's case through a PowerPoint presentation which detailed all aspects of the client's claim. After hours of negotiation during the course of mediation, Attorney Perrault was able to recover $300,000.00 on behalf of his client. Rear-End Motor Vehicle (Dump-Truck) AccidentAttorney Perrault's client, operating a dump truck, was rear ended by a limousine. Although the dump truck sustained little damage, the client began to experience memory loss and headaches immediately after the accident. Through the use of a neurophysiologist, Attorney Perrault was able to document that the client had sustained a traumatic brain injury. Although this closed head injury was not visible to the naked eye, the client's change in personality, loss of memory, and headaches all assisted in the diagnosis. The initial offer on the case was $25,000.00. After substantial litigation, and immediately prior to jury empanelment, the matter was resolved favorably to the client for $160,000.00. Motor Vehicle Struck By Bus {Motor Vehicle Accident}Attorney Perrault's client was stopped in her vehicle waiting to take a left-hand turn when she was struck from behind by a bus. The claim was complicated by the fact that the client's husband, who was a passenger, sustained no injury. The client on the other hand sustained injury to her shoulder, including a partial rotator cuff tear. The insurance company attempted to argue that this was a pre-existing injury and that the fact that the husband was not injured was proof that the wife did not sustain injury in this accident. The insurance company's only offer on the case prior to trial was $5,000.00. After a three day jury trial, the jury began deliberations. The client accepted the offer of $85,000.00 while the jury deliberated. Since the jury had spent substantial time deliberating, the Judge allowed counsel to speak with the jury in order to determine what their verdict would have been. The 14-person jury revealed that its award would have been $235,000.00 in favor of the client. With interest at 12% per year from the date of filing of the lawsuit, the total verdict would have been about $300,000.00. Closed Head- Traumatic Brain Injury {Motor Vehicle Accident}Attorney Perrault's client, a New Hampshire resident, was struck at a moderate rate of speed by another vehicle. At the moment of impact, he struck his head hard on the inside of his vehicle. The client began to exhibit symptoms including loss of memory and headaches. The at-fault party's insurance company paid its $20,000.00 policy limits. Thereafter, an underinsured motorist (UM) claim was made against the polity of the client. UM coverage is triggered when the at-fault party's insurance coverage is insufficient to compensate the injured party. Initially, the UM carrier treated the matter as a "soft tissue" injury and offered only $20,000.00. Through use of a neurophysiologist, and the testimony of family, friends, and former co-workers, Attorney Perrault, as co-counsel, was able to document a closed head injury and traumatic brain injury sustained by the client. After lengthy mediation, the UM matter was resolved in favor of the client in the amount of $337,000.00. Therefore, the total recovery was $357,000.00. Work Related Motor Vehicle Accident {Worker's Compensation Lien & Third Party Recovery}Attorney Perrault's client was a passenger in a motor vehicle while in the course of his employment in Massachusetts. The motor vehicle was rear ended which caused the client serious lower back injuries. Because the client was in the course of his employment, he received substantial medical care and disability payments through worker's compensation. Those benefits totaled over $11,000.00. In Massachusetts, worker's compensation carriers have a "lien" against the personal injury claims of the client. In other words, from the personal injury recovery the worker's compensation carrier has a right to be reimbursed for what it paid for medical bills and disability payments. A claim was filed against the driver of the auto which rear ended the client. The limits of that policy were $100,000.00. Attorney Perrault was able to negotiate the $100,000.00 policy limits. Additionally, Attorney Perrault was able to negotiate a full waiver of the $11,000.00 plus worker's compensation lien. Moreover, Attorney Perrault was able to negotiate an additional $15,000.00 contribution from the worker's compensation carrier. The full recovery, then, totaled $126,000.00. Modification - Alimony & Child CustodyAttorney Perrault represented the father in a custody matter. He was able to document the unreasonable and unstable nature of the mother in that matter, which ultimately led to child custody in favor of the father. Furthermore, alimony payments from the father (who earned far more than the mother) were substantially reduced by the child support obligation of the mother to the father. Ultimately, alimony was terminated. Spousal Abuse & Alcoholism {Divorce}Attorney Perrault's client, the long-time wife of a medical doctor, finally developed the strength to leave the marriage due to the alcoholism and abuse of her husband. Attorney Perrault obtained a child support and alimony obligation in favor of the wife of $1,800.00 per week which transitioned the wife into financial independence. Finally, a substantial private school contribution by the husband was negotiated as part of the settlement shortly prior to trial. Health insurance on behalf of the wife was also negotiated. |
