Boston Litigation Attorney Deftly Navigates Thousands of Medical Records to Gain Impressive Arbitration Ruling in Cape Cod Rear-End Car Accident
Arbitrator awards small fraction of demanded $300K after rear-end collision.
Philip Malitas and Christine Malitas vs. Oscar Zarate, Barnstable Superior Court, Civil Action No. 10-500
BOSTON, MA, April 20, 2013
On August 11, 2007, around 5:15 p.m., Philip Malitas and Christine Malitas were traveling southbound on Route 495 in Wrentham, when their vehicle was struck in the rear by a van owed by Oscar Zarate, a Massachusetts businessman. Civil litigation ensued, with the Malitas' claiming numerous injuries stemming from the accident and years of disability, demanding a combined $300,000 for their damages. Further increasing the stakes, both plaintiffs later underwent neck and shoulder surgeries, allegedly related to this accident.Boston litigator Karen A. Colucci of Bellotti Law Group skillfully and methodically convinced an arbitrator that despite a slew of documentation, the claimed injuries were egregiously exaggerated. Attorney Colucci overcame a mountain of medical evidence suggesting numerous injuries, totaling thousands of pages. What was particularly impressive was Karen's staunch determination in the face of both plaintiffs going under the knife for injuries allegedly related to the collision.
Attorney Colucci was later asked how she prevailed over the deep-seated belief that all rear-end collisions automatically make a driver liable for documented injuries. Attorney Colucci explained that "A rear-end accident is not a source of income for the plaintiff. Causation is a necessary element in establishing tort liability. It must be shown that an offender's actions actually caused the damages sustained. Otherwise, there is no case. The mere fact that a rear-ender occurred does not mean it was the cause of alleged damages." She went on to state further, "undergoing medical treatment does not necessarily legitimize a claimed injury. That treatment must be shown to be reasonable and necessary, taking into account the totality of the circumstances surrounding the accident."
Colucci's colleague, Boston trial attorney Peter Bellotti, agreed with this statement and raised a common misconception in Massachusetts injury law. Attorney Bellotti noted that "Often, it is wrongly assumed that all rear-end collisions result in findings of negligence and liability. Our personal injury lawyers at Bellotti Law Group know from Massachusetts case law that the mere fact a rear-end collision occurred does not automatically establish negligence." Attorney Bellotti spoke to Mr. Zarate at the conclusion of the case and he expressed his gratitude and praised Attorney Colucci and the staff at Bellotti Law Group for being so helpful throughout a very stressful time. Mr. Zarate stated that "Karen did very, very well—she was very patient, especially because English isn't my first language. She's helped me a lot—the best for my case." Attorney Bellotti seconded the praise of Attorney Colucci for her steadfast dedication to the case, zealous representation of her client, and exceptional litigation skill.
The challenge Attorney Colucci faced and successfully handled was persuading the arbitrator to relinquish any preconceived notions that rear-end collisions always impute fault on the driver despite extensive medical documentation, particularly concerning surgical procedures. It is an unusual feat for auto accident attorneys to accomplish, but Mr. Zarate insisted that Bellotti Law Group fight aggressively for him.
Legalities aside, this was impressive lawyering by Attorney Colucci, as it is exceptionally challenging, especially in today's legal climate, to overcome the entrenched mindset that rear-end collisions always impute fault. Boston car accident attorneys can learn from Attorney Colucci's correct application of Massachusetts law and not instinctively concede liability and damages.
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