Uninsured Motorist Settlement $898,389.32
Attorney John A. Wolkowski represented an individual who was employed as a salesman for a nationwide company requiring him to travel extensively on t...he road, upwards of 25% of the time. While the employee was traveling northbound in Hooksett, New Hampshire, he was the unfortunate victim of a hit and run accident that occurred on December 7, 2012. He was sideswiped by a tractor trailer truck on that morning, forcing him off the road, into a ditch, where he sustained serious and permanent
personal injuries. He sustained injuries to his back, head, neck, right hip and left knee, along with a concussion and closed head injury. He was diagnosed with suffering post-concussive syndrome and was found to suffer cognitive impairment. He incurred medical expenses of $175,000.00. He did receive Worker’s Compensation benefits and an uninsured claim was resolved through mediation. The gross settlement amount was $898,389.32 with a full waiver of the Worker’s Compensation Lien of $298,389,032.00 for a net settlement of $600,000.00.
Workers compensation
Closed Head Settlement $326,000.00
Nov 28, 2012
OUTCOME: Lump Sum Settlement
Client suffered a traumatic brain injury, falling off a roof while at work. He settled his case for a structured amount totaling $326,000.00
Animal and dog bites
Dog Bite Settlement $225,000.00
Dec 22, 2009
OUTCOME: Negotiated Settlement
THE STATE OF NEW HAMPSHIRE
ROCKINGHAM, SUPERIOR COURT
Docket No. 218–2010-CV-01227
Mother, Individually
and as p/n/f Minor Child
v.
Homeowner Defendant
ASSENTED TO PETTI...ON FOR APPROVAL OF MINOR SETTLEMENT
PURSUANT TO R.S.A. 464-A:42 AND SUPERIOR COURT RULE 111
John A. Wolkowski, Esquire, submits the following Petition for Minor Settlement Pursuant to the provisions of R.S.A. 464-A:42 and Superior Court Rule 111.
I. FACTS
On March 20, 2009, minor child was an invited friend to spend some time with the children of the defendants, at the Defendants' residence. At approximately 9:00 p.m., the children were in the attic and playroom on air mattresses. The homeowners owned a large golden retriever. While the children were playing on the air mattresses, the dog then jumped onto the air mattress and bit the minor child in the face.
An ambulance and EMT were called to the scene and, upon their arrival,
found the child was lying on the living room sofa, with the obvious dog bite on the left cheek and upper lip. He was transported, in the first instance, to Lowell General Hospital, suffering from multiple lacerations to the face. A deep laceration was present to the left cheek with an additional laceration to the left side of the upper lip. The Emergency Room physician deemed it necessary to transfer him to Children’s Hospital in Boston. At Children’s Hospital, he underwent a plastic surgery consultation, finding a four centimeter curved traverse laceration of the left cheek and two vertically oriented lacerations of the left upper lip crossing the vermilion border. In addition, there was a one centimeter laceration extending laterally from the right oral commissure, an intra-oral tear measuring 1.5 centimeters to the upper lip and several abrasions to the right cheek. The right cheek abrasions were superficial. The lacerations were anesthetized and wound repaired using monocril deep sutures and plain gut and fast absorbing gut on the superficial wounds.
He followed with a pediatric specialist in Boston, subsequent to his discharge from Children’s Hospital. In addition, he was treated by Peter Pacik, M.D., a Manchester New Hampshire Plastic Surgeon, on May 5, 2010, some thirteen months from the date of the injury. Dr. Pacik has opined that the scars are noticeable because they have spread and there is residual redness even one year after the injury. Multiple scarring continues to exist and even the most inferior scar has more redness to it and is more obvious because of its spread. Dr. Pacik has further opined that the scars on both sides of the fact are permanent and disfiguring and are easily seen within sitting distance. In terms of any possible future medical treatment, Dr. Pacik indicated that future medical bills, should procedures be necessary, would be in the approximate range of $7,850.00.
. MEDICAL EXPENSES INCURRED $9,100.00
TWO HUNDRED TWENTY-FIVE THOUSAND and 00/100 ($225,000.00) payable from the proceeds of a homeowner’s policy of insurance issued by USAA Casualty Insurance Company. The insurance policy proceeds will be provided in a settlement for the minor child in the form of an Irrevocable Trust .
Car accident
$850,000.00 Award
N/A
OUTCOME: Arbitration Award
JOHN A. WOLKOWSKI OBTAINS AN $850,000.00 AWARD.
John A. Wolkowski represented Arthur J. Edmiston in an automobile accident case that occurred while he was employed at Town Line Equipment on February ...6, 2002. He was operating the company vehicle in White River Junction, Vermont when he stopped to yield to a pedestrian in a cross walk as he was required to do. He was rear ended by a vehicle driven by Heather Gordon.
The collision severely jarred Mr. Edmiston inside his vehicle. Within an hour, Mr. Edmiston recognized that he had suffered significant personal injury. Beginning on that day and continuing, Mr. Edmiston suffers debilitating headaches, pain going down his left arm from his neck to his finger tips. He was given a 21 % whole person permanent impairment as a result of his injuries. Specifically, Mr. Edmiston suffered a herniated disk in his neck area. Joseph Phillips, M.D. performed surgery on Mr. Edmiston on three separate occasions. Despite some improvement, he continues to suffer daily.
Mr. Edmiston, because he was working at the time, received Worker's Compensation benefits. They included paying him on a weekly basis until he settled his claim for $48,000.00. However, he was able to proceed against Ms. Gordon by filing a lawsuit in the State of Vermont that was ultimately settled. As that settlement was insufficient to provide him with full, fair and adequate compensation, as is required under the Constitution of the State of New Hampshire, he proceeded with a claim against his employer's own automobile insurance company. The provisions under that contract allowed for arbitration. An arbitration hearing was held on May 9, 2007, whereby the arbitration panel awarded Arthur Edmiston $850,000.00.
Car accident
$850,000.00 Award
N/A
OUTCOME: Arbitration Award
JOHN A. WOLKOWSKI OBTAINS AN $850,000.00 AWARD.
John A. Wolkowski represented Arthur J. Edmiston in an automobile accident case that occurred while he was employed at Town Line Equipment on February ...6, 2002. He was operating the company vehicle in White River Junction, Vermont when he stopped to yield to a pedestrian in a cross walk as he was required to do. He was rear ended by a vehicle driven by Heather Gordon.
The collision severely jarred Mr. Edmiston inside his vehicle. Within an hour, Mr. Edmiston recognized that he had suffered significant personal injury. Beginning on that day and continuing, Mr. Edmiston suffers debilitating headaches, pain going down his left arm from his neck to his finger tips. He was given a 21 % whole person permanent impairment as a result of his injuries. Specifically, Mr. Edmiston suffered a herniated disk in his neck area. Joseph Phillips, M.D. performed surgery on Mr. Edmiston on three separate occasions. Despite some improvement, he continues to suffer daily.
Mr. Edmiston, because he was working at the time, received Worker's Compensation benefits. They included paying him on a weekly basis until he settled his claim for $48,000.00. However, he was able to proceed against Ms. Gordon by filing a lawsuit in the State of Vermont that was ultimately settled. As that settlement was insufficient to provide him with full, fair and adequate compensation, as is required under the Constitution of the State of New Hampshire, he proceeded with a claim against his employer's own automobile insurance company. The provisions under that contract allowed for arbitration. An arbitration hearing was held on May 9, 2007, whereby the arbitration panel awarded Arthur Edmiston $850,000.00.
