$12,500,000.00 For A Client Rear-Ended By A Tractor Trailer
Plaintiff, a 60-year-old female, suffered multiple injuries including a spine injury which rendered her a paraplegic, while she was a passenger in a vehicle rear-ended by a tractor trailer in Florida. Her husband, also a passenger, died as a result of the accident. The driver of the tractor trailer claimed the brakes failed and was acquitted in traffic court. Suit was filed in Florida for Plaintiff’s personal injuries and for the wrongful death of her husband.
During discovery in the lawsuit, the insurance company dropped the brake defense and liability was admitted. The only issue became one of the value of the injuries. Plaintiff required around-the-clock nursing care. After two unsuccessful mediations, the case eventually settled just weeks before the trial. Part of the settlement was placed into a structured settlement which guaranteed Plaintiff a lifetime of monthly income to pay for around-the-clock nursing care.
$10,000,000 For A Client Rear-Ended By A Truck And Trailer
A child suffered serious head trauma and loss of limb after being in a car that was struck by a truck and trailer. The defense denied liability and claimed that the driver suffered a sudden medical emergency. After suit was filed, the case settled at mediation for over the insurance policy limits. Part of the settlement was structured to ensure the child received a substantial annual income for life. Additional funds went into a Special Needs Trust.
$2,900,000.00 For A Client Who Fell On Commercial Premises
Plaintiff was a teenager who fell while snowboarding. Plaintiff suffered a serious permanent brain injury and had multiple surgeries. There was little to no dispute as to the severity of Plaintiff’s injuries in a case where liability was hotly contested. Defenses of contributory negligence and assumption of risk were raised. The case settled shortly before the lawsuit was served. Because of Plaintiff’s ongoing need for in-home nursing care, and because Plaintiff had no assets, the settlement went into a special needs trust for the benefit of Plaintiff.
$1,675,000.00 For A Client T-Boned At An Intersection
Plaintiff, a mother in her early 40’s, was operating a vehicle on a marked two-lane road when Defendant driver made a left turn in front of her vehicle, causing a collision. Plaintiff felt relatively fine at the scene, but was taken to a hospital where a CAT scan revealed an epidural hematoma. Plaintiff was rushed into surgery, which ultimately saved her life. The defense argued that Plaintiff failed to keep a proper look-out, failed to maintain control, and that the accident happened at the crest of a hill, making it difficult for Defendant to see Plaintiff’s vehicle. The settlement was just shy of Defendants’ insurance coverage.
$1,250,000.00 For A Client Who Was Struck While Walking In A Parking Lot
A 60-year-old woman was walking across a grocery store parking lot in Richmond when she was struck by a vehicle backing out of a parking space. Defendant did not realize that she had hit Plaintiff and continued backing out until a witness screamed at her to stop. Plaintiff was trapped under the car and had to be extricated by the police department. Defendant claimed she looked, but never saw Plaintiff prior to striking her. Plaintiff suffered clavicle fractures, right acetabula fracture and left sacral fracture. The case settled for the full amount of Defendant’s insurance coverage.
$1,250,000 For A Client Struck By A Vehicle At A Gas Station
Plaintiff, a 57-year-old male, was standing at a gas station pumping gas when a car struck him because the driver lost control. Plaintiff had multiple surgeries on his leg, but the doctors ultimately were not able to save the leg. The police investigated the accident, but no charges were filed. Defendant had liability limits of $250,000.00 and an umbrella policy of $1,000,000.00, all with the same insurance company. The case was settled for the policy limits between Plaintiff’s counsel and the insurance company shortly after suit was filed.
$1,250,000 For A Wrongful Death Due To Car Collision
Decedent was operating his vehicle on a two-lane road. Defendant driver was operating his vehicle on the same road coming from the opposite direction. The two vehicles collided. Decedent died at the scene. Defendant driver died at the hospital. There were no eyewitnesses. Both drivers died before making any statements about how the accident happened.
Defendant’s vehicle ended up in Decedent’s lane of travel. Decedent’s vehicle was knocked off the road. Physical evidence showed that the impact occurred in Decedent’s lane. Tire marks from Defendant’s vehicle indicated that Defendant’s vehicle went off the road, and Defendant apparently overcorrected and lost control before the collision.
Decedent’s case was bolstered by the law set out in Virginia Model Jury Instruction 10:115 and the case of Miller v. White, 222 Va. 311 (1981). Defendant had an insurance policy of $250,000.00 and an umbrella policy of $1,000,000.00 with the same insurance company. The insurance company tendered the limits the day before suit was going to be filed.
$900,000 For A Client Who Fell Off A Balcony
Plaintiff was an invitee at tenant’s apartment and walked through the apartment onto the tenant’s balcony. Plaintiff leaned against the balcony railing which allegedly collapsed causing Plaintiff to fall to the ground and suffer serious injuries. The tenants were essentially judgment proof, and a claim was made against the owner and manager of the property. Liability was disputed, as was the necessity for Plaintiff’s life care plan. The case was settled at mediation.
$875,000 For A Client Hit By A Car While Getting A Haircut
Plaintiff was in a barber’s chair getting a haircut when Defendant had a seizure, blacked out, and crashed his vehicle into the barbershop, striking Plaintiff. Plaintiff suffered a fractured tibia and fibula and underwent intramedullary rodding of the tibia fracture and placement of a plate and screws. He also sustained a T-12 compression fracture. He later underwent a second surgery to remove some of the hardware in his leg.
The fractures healed, but Plaintiff continued to complain of pain in his leg. He also developed chronic back pain. However, he was able to return to full-time employment. The defense challenged the degree of back pain related to the accident. The defense also relied upon the sudden medical emergency defense, which Plaintiff disputed due to Defendant’s prior history of seizures. Suit was filed, and Defendant’s insurance carrier eventually tendered its limits of $25,000.00.
The case was complicated due to a coverage dispute between the UIM carriers, which resulted in a declaratory judgment action being filed in federal court. Eventually, the UIM issues were resolved and the case was settled when the UIM adjuster offered $850,000.00 and waived subrogation against Defendant.
$585,500 Jury Verdict
Liability was admitted in this 2012 automobile accident case. Plaintiff was 29 years old and studying to be a minister. Plaintiff was able to complete his studies on time. Despite having residual pain in his upper and lower spine and shoulder during certain activities, he was working full-time, was off medication and was not being treated nor had any plans to be treated, except to eventually remove hardware inserted during his right clavicle surgery.
The jury deliberated approximately ninety minutes before rendering a verdict of $585,000, which was substantially more than the insurance company offered before trial.
$290,000 For a Client Injured in a Slip-And-Fall Incident at an Office
On a rainy day, the client was walking into an office and slipped on water on the floor and suffered a fractured femur. Despite serious liability issues, the insurance carrier agreed to settle before the suit was filed. The Medicare lien was greatly reduced and the received an additional $10,000 from medical payments coverage on the building.