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Our Case Results

We've Recovered Millions of Dollars for Our Clients

Every case is different and every client requires a unique approach to each case. The following results should not be taken as promises or used to expect a certain outcome of your case. However, our case results do demonstrate what our firm is capable of. From the first few moments of your initial consultation, all to the way to the verdict or settlement stage, we do everything in our power in achieve for you the most possible compensation.
    • Nursing Home Verdict - $1.75 million - Miscellaneous $1.75

      Generally, the most appalling cases we receive are ones in which the injuries our client sustains are the result of intentional acts, rather than an accident or case of negligence.

      In 2013, our client was a patient at a nursing home. She was in a section of the nursing facility where patients require complete care. She fully relied on the employees of the facility for all her daily care needs. Our client was not able to speak and had a limited ability to communicate.

      One morning during her stay, a CNA (certified nursing assistant) at the home walked passed our client’s room and heard load moaning. While our client was known by the employees to moan from time to time, this moaning was loud and unusual enough that it caused the CNA concern. She later testified that it sounded like someone was in pain. She entered the room and could see the curtain was pulled. This was not normal because our client had a PEG tube and the staff needed to keep a visual on her at all times.

      The CNA looked to our client’s bed and saw a sexual assault in progress. She made no attempt to stop the assault. She left the room and went to another part of the facility. On her way down the hall, she passed her supervising nurse, but she said nothing to him about what she had just witnessed. When she arrived at the other part of the facility, she reported what she saw to another CNA. They did not intervene in or report the ongoing assault to anyone else in the facility, and instead called a nursing supervisor who was not working that evening. Calls were then made to the Director of Nursing, the administrator of the facility, and eventually, to the police.

      Upon arriving on scene, the EMS reported that our client was unresponsive to their commands, but responded to her daughter with some hand movement, while keeping her eyes closed at all times. After an initial evaluation, she was transported to a hospital, where she underwent an intensive and highly intrusive forensic examination. The assailant made a full confession to assaulting our client, and entered an Alford plea in March, 2014. He was convicted of one count of rape.

      The assailant was found to be acting in the course and scope of his employment when the battery occurred. An expert witness opined that the standard of care was clearly violated by not stopping the assault, by allowing it to continue, and by not attending to our client in the immediate aftermath of the assault. Further, multiple reports of questionable behavior by the assailant should have been investigated prior to this incident. The case was presented to a jury on the issues of negligence and sexual battery. After a five-day trial, the Albemarle Circuit Court jury reached a verdict of $1.75 million against the nursing home.

    • Auto Accident - Auto Accident $525,000.00

      Accident

      Our client was injured in a collision that occurred in Henrico, Virginia in 2013. She was a passenger in a vehicle driven by her daughter. They entered the intersection with a protected green light and were making a left-hand turn and then were struck in the intersection. Since our client was a passenger, we had to file suit against both drivers. An independent witness said that the driver of the second vehicle was predominately at fault and the officer charged him with failure to obey the traffic signal.

      Injuries

      Our client was taken from the scene by ambulance to Virginia University Hospital’s emergency room. The ambulance paramedic indicated immediately that she was unresponsive at the scene of the collision and placed her in a cervical collar. The paramedic attempted to use sternal rubs and nailbed pushing without success. The paramedic then used an ammonia inhalant in front of our client and she was more alert for transport to the hospital. She lost consciousness for seven minutes. She suffered a concussion, closed head injury, lower back pain and a contusion.

      Our client was treated for body aches and dizziness, symptoms of her post-concussion syndrome, and was later diagnosed with a concussion, headache, sprain, strain, and contusion. She was referred to a concussion clinic to follow up on her symptoms: headaches, dizziness, and poor concentration. She was having issues with conversation and attention deficit, in addition to her neck and back pain. She was instructed to her adjust her activities based on her symptom exacerbation and was given the medications Elavil and naproxen, as well as a referral to physical therapy. She was not released to drive due to vertigo.

      She was treated for headaches through 2014 when starting verapamil to assist in controlling the headaches. In January 2015, our client reported that her headaches were very low in intensity and not as noticeable throughout the day. However, she also had reported numbness and pain her whole leg from the knee down and hand numbness, which there was no obvious etiology, and continuing concentration issues. She was unable to continue treatment due to lack of transportation and funds, and unable to work.

      The defense hired a neuropsychologist to perform a medical exam of our client. The report contained the opinions that our client had slight improvement with medications, generally much less than typical patients. He opined that her PTSD had improved significantly, as she was able to eventually return to driving. He also said that since it had been four years since the traumatic brain injury, that our client would not “spontaneously heal” and her condition, therefore, was permanent. Further, his specific diagnoses included:

      • Traumatic brain injury, mild:
        • Cognitive impairment:
          • Loss of consciousness, resolved
          • Inattention
          • Impaired short-term memory, occasional
          • Impaired long-term memory
          • Impaired word-finding and verbal sequencing
          • Bradykinesia
        • Mood impairment
          • Depression with anhedonia
          • Irritability, resolved
        • Impaired sleep and wakefulness
          • Increased insomnia
          • Hypersomnolence
        • Posttraumatic Stress Disorder, partially resolved
        • Posttraumatic visual symptoms
          • Blurry vision
          • Worsened photosensitivity
          • Impaired eye convergence
        • Headaches with migraine and neuropathic features
        • Vertigo, partially resolved
        • Orthostatic hypotension, by history
        • Central auditory processing disorder
        • Neck pain
        • Shoulder pain, resolved
        • Left arm pain
        • Recurrence of lumbar pain
        • Left leg pain

      Result

      Our client incurred a total of $43,334.63 in medical expenses as a result of this accident. She has been out of work since the accident and has lost wages in the amount of $29,145.00, as she had just been hired to work at a daycare center nine days prior to the collision and was unable to ever return back to work. We were able to get a settlement of $525,000 for our client.

    • Car Accident - University of Virginia - Auto Accident Covered Medical Expenses and Lost Wages

      Rear-ended and pushed into the car in front of her, our client was immediately taken to the University of Virginia for care. The driver of the car behind her was charged and found guilty of failing to maintain proper control and proper lookout.

      Our client was diagnosed with headaches and lower back pain, as well as neck, shoulder, hip, and leg pain. She was released with pain medication. Over the following 18 months, our client needed frequent appointments and saw eight different doctors in an attempt to understand and manage her incessant pain. She saw chiropractors, physical therapists, and pain management specialists. About a year and half after her accident, her condition was considered chronic and unresolved.

      Due to financial limitations, our client was unable to seek the therapies that her physician recommended. We worked towards a successful outcome, which covered her medical expenses and lost wages.

    • Car Accident - University of Virginia - Auto Accident $200,000.00

      When another vehicle lost control and ran off the road, crossed the median, and struck our client’s car, our client was rushed to the emergency room at the University of Virginia. He suffered injuries to his head, jaw, teeth, neck, knees, shoulders, wrists, hips, and back. X-rays of his cervical spine were taken and showed damages to his spine as well as a wrist fracture. After being admitted for overnight observation, he was released with pain medication and required to wear a cervical collar.

      Our client continued to see his primary care physician about his pain. He also began physical therapy at a rehabilitation center. Experiencing continued pain, our client received a steroid injection in his shoulder, an injection in his thumb, and was prescribed a knee brace. The pain did not cease and he had a shoulder decompression surgery a year after the accident occurred.

      Our client still experiences pain, struggles with grasping his hand, and has a seemingly permanent loss of sensation. We settled this case for $200,000.

    • Tractor Trailer Accident- Augusta County, Virginia - Tractor Trailer Accident $720,000.00

      This accident occurred in Augusta County, Virginia, in which our client was a front seat passenger in a vehicle operated by his friend. They were stopped behind a tractor trailer on 1-85 due to an overturned pickup truck when they were struck by a second tractor trailer that collided with the passenger side of our client’s vehicle. Both the driver and our client ultimately died from their injuries.

      The wife of our client qualified as the administrator of her husband’s estate and we filed suit against both the driver of our client’s vehicle and the driver of the tractor trailer. Since both drivers may have had exposure for some portion of liability, we always file suit against anyone who may have contributed, even partially, to an accident to ensure that all available insurance coverage comes into play.

      Once the lawsuit was filed, there were multiple pleadings and hearings filed to consolidate both our client’s case and the driver of our client’s vehicle counterclaim lawsuit. Consolidating cases in which one of the parties is a defendant can cause confusion for a jury. It can also lead to one case piggybacking on the other for experts and costs. Although we did not convince the judge that these two cases needed to be heard separately, we were successful in getting our case settled.

      We were able to resolve this case for the significant sum of $720,000.

    • Automobile Accident- Buckingham, Virginia - Auto Accident $231,362.03

      Our client was injured in a collision on Route 15 in the County of Buckingham, Virginia. At the time of the incident, our client was operating a County of Buckingham School vehicle when he was struck by an oncoming vehicle that drove across the center lane.

      He sustained a comminuted fracture of the left acetabula in his left leg, a nondisplaced fracture in his right ankle, a laceration on his left hand, rib fractures, facial lacerations including eye lacerations, left eye orbital fracture, and a celiac artery occlusion, including back and neck pain. His lacerations were sutered and he was admitted overnight. He was given pain medication upon discharge and was told to schedule a follow up with his primary care physician as necessary. His fractures were treated non-operatively.

      He incurred a total of over $60,000 in medical expenses as a result of this accident. He further incurred over $6,000 in lost wages.

      This case was ultimately settled for $231,362.03. It took several exchanges and requests for reduction on the workers’ compensation lien, but we were able to resolve the case to the satisfaction of our client.

    • Slip and Fall Case in Hampton, VA - Miscellaneous $87,500.00

      Our client was injured in an incident in Hampton, Virginia in November of 2011. At the time of the incident, our client was walking on the sidewalk when she tripped over a portion of the sidewalk that was not level. Under the concrete in this particular area, there was a grease trap used by the nearby restaurants which had recently been replaced. After the construction was done, the company employed to replace the concrete walkway failed to adequately level the concrete. Due to this structural deficit, the concrete posed a risk to individuals using the area.

      After the incident, our client suffered injury to her left hand and wrist. She was evaluated by EMTs at the site of the accident but decided that she would not go to the hospital. She continued to have persistent wrist pain, but since she had an appointment for a routine physical when she returned to Charlottesville, she decided to wait for further evaluation. She did not realize the severity of her injury until her appointment when an x-ray was ordered and a left scaphoid fracture was uncovered. She was then referred to the UVA Department of Orthopaedic Surgery. Her physician placed her in a splint to see if her fracture would heal on its own. However, it was noted that her fracture had not healed and surgery was deemed necessary due to a non-union of the fracture. Our client had a prior surgery of her left distal radius in 2002 and had hardware inside of her hand from this surgery. During the surgery to repair the scaphoid fracture, the old plate from our client’s injury in 2002 was removed as well as the scaphoid bone fractures.

      Our client followed up with her physician and was noted to have improvement of her pain and was placed in a splint to aid her healing. She was referred to physical therapy in April. She began physical therapy at UVA Healthsouth.

      Our client was discharged from physical therapy after a few visits because she felt she would be better able to handle a home therapy routine. Our client again followed up with her physician, at which point she reported some new wrist pain and numbness on the left wrist. She was then recommended more physical therapy and for her to continue wearing her splint until her wrist strength improved. She returned to physical therapy, but was discharged on the same day because she felt that she could handle her own recovery and the physical therapist was in agreement. At her last appointment with her physician, our client reported feeling much improved.

      Although we did file a lawsuit in the Hampton Circuit Court in this matter, this case was successfully mediated by a retired judge and we recovered the amount of $87,500.00 for our client, which exceeded three times the medical bills. Our client was extremely pleased with this outcome.

    • Winter Sporting Accident Leads to Injuries - Miscellaneous Full homeowner’s insurance policy limits.

      Our client was a minor when he was injured at the Wintergreen resort in Wintergreen, Virginia. Another individual was snowboarding on the trail at an excessive speed and did not slow down when he approached our client, and collided with him, knocking him off of his feet.

      Our client was stopped with his father on the bottom of the slope underneath a caution sign in an area purposefully posted by Wintergreen for skiers to enter and leave the ski area. He suffered a comminuted right femur fracture, a grade one left tibia-fibula fracture, right knee laceration and injury to his left foot. He was taken by ambulance to the University of Virginia and was hospitalized for four and a half days where he underwent surgical repair of his fractures.

      Our client was unable to walk when the incident occurred and had to rely on the use of a wheelchair and assistance from his parents to take care of his daily needs and the cleaning and redressing of his wounds. The time that he was unable to walk and needed his wheelchair was 8-10 weeks. He then was on crutches for 4-6 weeks. He was mobile only with assistance for this three month period. He was not able to ride the school bus during this three month period. He also was placed under physical restrictions by his doctor. He was not allowed to play soccer, ski, lacrosse, go to the gym, or attend after school activities; additionally, he missed school for two weeks and then attended half days for one month.

      We are able to settle this case for the full homeowner’s insurance policy limits.

    • Unmarked Danger Leads to Harmful Fall - Miscellaneous The settlement details are confidential.

      Our client was injured in an incident that occurred in Scottsville, Virginia. At the time of the incident, our client was walking towards the gas station from the gas pump to pay for her gas after stopping to fill up her vehicle, when she tripped over a large conduit which was surrounded by water. She fell down, tearing her right quadriceps tendon. There were no signs or markers cautioning pedestrians of any potential dangers.

      Due to her injuries resulting from the fall, our client was treated at the University of Virginia in Charlottesville, Virginia. She had x-rays taken of her knees which did not reveal the torn tendon. She was given a walker, a knee stabilizer and prescribed pain medication before being discharged.

      Our client then followed up with her orthopedic physician at Duke Orthopedics, due to the continuing pain and swelling of her knee. X-rays were retaken and it was discovered she had sustained a “torn right quadriceps tendon”. Our client underwent surgical repair of her right knee. To assist in the recovery process, our client was also recommended for physical therapy.

      A few months after her surgery, our client began to notice a painful, burning sensation in her right knee and subsequent knee weakness. Her physician recommended an EMG study and MRI to check for nerve damage. Although no significant nerve damage was discovered, our client continues to experience pain and discomfort in her right knee. She has sustained obvious scarring to her knee and frequently suffers from right knee weakness.

      She incurred a total of $22,610.50 in medical expenses as a result of this accident. A lawsuit was filed in Albemarle Circuit Court but the case was settled prior to going to trial. The settlement details are confidential.

    • Trip Leads to Serious Shoulder Injury - Miscellaneous The settlement amount is confidential.

      Our client was injured in an incident that occurred in front of a local restaurant in Charlottesville. She was walking to the restaurant with several co-workers. As she walked through the parking lot onto the sidewalk, she tripped and fell over a part of the sidewalk that was not level. The area was dark and without any lighting. She sustained bruising to both of her knees, swelling in her left forearm, and a significant injury to her left shoulder.

      She was taken to the University of Virginia after her fall due to severe pain. It was then revealed that she had fractured her left shoulder. She was employed as a software consultant at the time of the incident and was temporarily in Virginia for work; she knew she would return to Texas in the next few days and decided to wait until she returned home before seeking orthopaedic treatment. She returned to Texas and was seen at Baylor Medical Center. It was determined that she would need surgery to repair her shoulder.

      She underwent a left shoulder hemiarthroplast. She then underwent physical therapy at North Texas Orthopaedics; however, she did not see much improvement with the range of motion and discomfort in her shoulder. Her surgeon referred her for evaluation to another surgeon who then determined that a second surgery would be necessary to repair the shoulder as the joint was damaged.

      The physician performed a left total shoulder revision arthroplasty and replaced the shoulder joint. She continues to have occasional stiffness and pain in her shoulder and a future surgery may be required.

      Our client has sustained over $100,000.00 in medical bills and over $90,000.00 in lost wages. There additionally was a Worker’s Compensation lien.

      This case was successfully mediated before trial. The settlement amount is confidential.

    • Client Injured in Obstacle Course - Miscellaneous Settlement details are confidential.

      Our client was injured in an incident that occurred while going through an inflatable obstacle course in Virginia. At the time of the incident, she was proceeding through an inflatable obstacle course and was entangled by a piece of Velcro that was left on the course by an employee. Another employee told her that the Velcro piece was not supposed to be in the area where people were racing. It should have been secured out of the way.

      Due to her injuries resulting from the incident, our client went to the emergency room. She initially was diagnosed with a left foot injury. Five days later she was treated by a physician at Valley Internal Medicine where she was referred to Augusta Physical Therapy. Due to the continuing severe swelling and lack of improvement, our client went to the August Medical Center in Fishersville, Virginia and had x-rays retaken of her left foot. It was then determined that she suffered from “multiple stress fractures in the area of the junction of the carpals and the metacarpals.” She then was referred to an Orthopedic Specialist who placed her in a Cam boot.

      In March she had comparison x-rays taken and was determined to have developed RSD. She was still having “hypersensitivity” in her left foot and ankle and was recommended for injections at the Augusta Pain Management Center. She was also prescribed custom arch supports from Virginia Prosthetics to assist with her RSD.

      She has incurred a total of $10,050.00 in medical expenses as a result of this accident. All the medical records and bills have been enclosed.

      Our client was employed by the Army National Guard and due to her injuries she was forced to miss significant time from work. Her lost wages total of $3,225.00.

      A lawsuit was filed in the Rockingham Circuit Court but we were able to settle the case before trial. Settlement details are confidential.

    • Slip and Fall at a Gas Station - Miscellaneous The settlement details are confidential.

      Our client was injured at a gas station in Scottsville, VA when she tripped and fell over a large conduit while walking towards the gas station from the pump to pay, tearing her right quadriceps tendon. There were no signs or markers cautioning pedestrians of any potential dangers.

      As a result of her injuries from the fall, our client was treated at the University of Virginia in Charlottesville, Virginia. She had x-rays taken of her knees, which did not reveal the torn tendon. She was given a walker, a knee stabilizer and prescribed pain medication before being discharged.

      Due to continuing pain and swelling in her knee, x-rays were taken during a follow up with her orthopedic physician. A “torn right quadriceps tendon” was discovered. She underwent surgical repair of her right knee, and, to assist in the recovery process, she was also recommended for physical therapy.

      A few months after her surgery, our client began to notice a painful, burning sensation in her right knee and subsequent knee weakness. Her surgeon recommended an EMG study and MRI to check for nerve damage. Although no significant nerve damage was discovered, our client continues to experience pain and discomfort in her right knee. She has sustained obvious scarring to her knee and frequently suffers from right knee weakness.

      She incurred a total of $22,610 in medical expenses as a result of this accident. A lawsuit was filed in Albemarle Circuit Court but the case was settled prior to going to trial. The settlement details are confidential.

    • Drunk Driving Case in Albemarle County - Auto Accident Favor of our client.

      Our client was a passenger in a collision that occurred in the County of Albemarle. Our client's boyfriend was operating the vehicle at the time of the collision when another driver drove into their lane head-on after taking the curved road too quickly. Our client's vehcile was fun off the road and into a ditch. The other driver was clearly intoxicated and was arrested and charged with a DUI at the scene of the accident.

      Our client suffered a neck and back strain. She treated with her family care physician who referred her to Martha Jefferson Hospital for x-rays. Her x-rays came back negative for fractures, but she continued to experience significant neck and upper back pain.

      Her physician then referred her to physical therapy. She was released from her doctor's care a few months after the collision.

      We attempted to resolve the matter with the insurance company, but were forced to file a lawsuit after their refusal to make a fair offer. A lawsuit was filed in the Albemarle General District Court. Shortly before the trail date, the case was resolved for a fair sum that was approximately four and a half times the medical bills. While luckily our client was not seriously injured in the collision, the other dirver was serioulsy intoxicated and recklessly negligent. His condition and the circumstances of the collision weighed heavily in favor of our client.

      If you have been injured in automobile accident in Albemarle County of the surrounding area, contact The Warren Firm at 434-972-9090.

    • Warren County Automobile Collision - Auto Accident $59,000

      Our client was injured in an automobile collision in Warren County in 2009. Our client was stopped for traffic to make a left turn, when she was rear-ended by another car.

      As a result of the collision, our client sustained severe neck pain and headaches but waited for a few days after the accident before she sought medical attention. She believed that it would go away, but when it did not, she went to the ER. She then subsequently developed left shoulder pain and lower back pain and was ultimately treated by a neurologist.

      Our client was under the care of the neurologist for migraine headaches and saw our client just days before the collision. This doctor had also seen our client years before for complaints of low back and neck pain prior to the accident. The neurologist had previously diagnosed her with degenerative changes at C5-C6 and C6-C7; however, our client's pain was under control and she had not had treatment for the neck and back for years. After the collision these conditions were markedly worse. Our client was treated with medication, injections and referred to physical therapy for her injuries from this collision.

      The physical therapy seemed to help for a while and then our client's pain began to get worse. She returned to her nerologist. Her neurologist continued to treat our client with conservative means and indicated that our client would have a permanent and chronic condition for which she would need future care at least once or twice a year.

      Due to the continuing nature of the medical care that our client was receiving, it was difficult to determine what a fair compensation would entail. She incurred over $18,000 in medical expenses as a result of this accident,but would continue to treat for her chronic conditiion. In situations where the injured party has permanent and chronic conditiion, and there is a physician actively supporting this assertion and is able to provide an estimate of possible future expenses, we have a case for future damages.

      A lawsuit was filed in the Warren County Circuit Court. Before trial, the insurance company offered $26,000 to settle the case. There were multiple reasons why they decided to make that low of an offer. First, the accident was a low impact and there was not much damage. Second, our client had a pre-existing condition which can negatively affect a jury's perception of a person. Third, our client had a few gaps in treatment which can be presented in such a way that would make the jury question whether she was actually hurt as badly as she claimed. All of these issues combined can make an insurance company overly confident that a jury would not return a verdict for much over their offer.

      Obviously, to receive such a good result, we did have some good facts to support our claim:

      1. Our client's current boss and coworker, who both knew our client before and after the accident, testified about the negative affects the accident had on our client.

      2. Our client missed only one day of work as a result of the collsion. The fact that she was a hard worker made an impression on the jury.

      3. The neurologist that testified for our client was a strong witness and knew our client well. She was able to explain clearly why our client's pain was from the accident and not some pre-existing problem.

      4. The defense did not hire a doctor. In almost all cases now the defense hires a doctor that comes back with a less than favorable opinion regarding our clien'ts injuries or treatment.

      Our client decided to take the risk of trial. We proceeded to trial and obtained a verdict in our client's favor for $59,000, over twice what the insurance company had offered to settle the case. While I am always ready to take a case to trial, ultimately, it is the client's decision to settle or try the case before a jury. The risk can be high and it does not always work out in favor of the Plaintiff. Juries in different areas of Virginia can be more conservative or less likely to award large verdicts to Plaintiffs. However, in this case, we were rewarded for taking the calculated risk.

      If you have been injured in an accident in Charlottesville or the surrounding area, contact The Warren Firm at 434-972-9090 for more information.

    • Car Crash in Louisa County - Auto Accident Twice what the insurance company offered.

      Our client was injured in a collision on Interstate 64 in the County of Louisa. At the time of the incident, our client was a passenger in a vehicle when his vehicle was rear-ended by another vehicle.

      After the collision, our client suffered injury to his knees, neck and back. He was taken to the emergency room at University of Virginia where multiple x-rays were taken of his cervical and thoracic spine. He was given a pain medication prescription and released. He continued to suffer from back and neck pain and followed up several times at UVA. He was referred to physical therapy after reoccurring trips to the ER with pain and discomfort.

      Our client then began treating with Louisa Chiropractic for neck and back pain relief. He was released from care after three weeks.

      He incurred over $5,000.00 in medical expenses as a result of this accident. This case was submitted to the insurance company for negotiations, because of a low offer from the insurance company suit was then filed in the Louisa County General District Court. The case was tried before a judge and a verdict was received for the Plaintiff of twice what the insurance company offered.

    • Automobile Collision in Petersburg - Auto Accident Settlement details are confidential.

      Our client was a retired school teacher from North Carolina who was injured in an automobile collision in the City of Petersburg, Virginia. At the time of the collision, our client was traveling when another car collided with our client’s vehicle.

      The other driver was charged with failure to yield right of way.

      When this collision occurred, our client was traveling through Petersburg with her daughter and two sisters. The passengers in our client’s vehicle were also injured. After the other driver collided with her vehicle, our client was transported to John Randolph Medical Center where x-rays were obtained of her injuries. Due to her pain and the development of swelling and bruising, she followed up at Rocky Mount Orthopedics and Nash Hospital where it was recommended she start physical therapy. She completed physical therapy at the Boice Willis Clinic and was released.

      As a result of the collision, our client sustained injury to her left knee, right foot, neck and lower back. She has incurred a total of $15,288.82 in medical expenses as a result of this accident.

      After filing a lawsuit in the Petersburg Circuit Court, we were able to obtain a successful settlement on our client’s behalf. Settlement details are confidential.

    • Car Crash Leads to Questions Concerning Monetary Recovery - Auto Accident 90% of the policy limits available.

      Our client was injured in an automobile collision in the County of Albemarle, Virginia. At the time of the collision, our client was traveling as a front seat passenger in a 2000 BMW M3 owned and operated by another individual. The driver lost control of his vehicle and collided with a tree on the side of the road.

      The driver was charged with failure to maintain proper control.

      As a result of the collision, our client was taken by ambulance to the University of Virginia emergency room. He sustained extensive fractures to his right ribs, a cervical spine fracture, lumbar and thoracic fractures, a midshaft clavicle fracture, a right nondisplaced scapular body fracture, a right parasymphaseal fracture as well as a left sacral and pelvic fracture. Due to reoccurring pain in his right shoulder, he subsequently was forced to endure surgery at the University of Virginia.

      Another attorney originally handled the case for our client but decided there simply was not anything he could do as our client did not have any memory of how the accident occurred. There also was some question as to whether or not our client was aware that the driver of the vehicle had been drinking. In Virginia, if you get into a vehicle with someone whom you knew was intoxicated, you are taking an “assumed risk” that you could be injured and are not entitled to make a recovery for your losses. Our firm took the case after the other attorney was not able to find supporting law to assist the client. We were able to locate supporting law and prove in Court that our client was entitled to make a recovery based on his particular situation.

      He had incurred a total of $55,048.65 in medical expenses as a result of this accident. We were able to obtain a successful settlement for 90% of the policy limits available. Settlement details are confidential.

    • Albmarle County Car Accident - Auto Accident 90% of Policy Limits

      Car Crash Leads to Questions Concerning Monetary Recovery

      Our client was injured in an automobile collision on Greenwood Road in Albemarle County. At the time of the collision, our client was traveling as a front seat passenger in a new sports car owned and operated by another individual. The driver lost control of his vehicle and collided with a tree on the side of the road. The driver was charged with failure to maintain proper control.

      As a result of the collision, our client was taken by ambulance to the University of Virginia emergency room. He sustained extensive fractures to his right ribs, a cervical spine fracture, lumbar and thoracic fractures, a mid-shaft clavicle fracture, a right non-displaced scapular body fracture, a right parasymphaseal fracture, and a left sacral and pelvic fracture.

      Due to reoccurring pain in his right shoulder he underwent surgery a year following the accident.

      Initially, another attorney handled the case for our client, but decided there simply was not anything he could do, as our client did not have any memory of how the accident occurred.

      There also was some question as to whether or not our client was aware that the driver of the vehicle had been drinking. In Virginia, if you get into a vehicle with someone whom you knew was intoxicated, you are taking an “assumed risk” that you could be injured and are not entitled to make a recovery for your losses. Our firm took the case after the other attorney was not able to find supporting law to assist the client.

      Our client had incurred a total of $55,048 in medical expenses as a result of this accident. We were able to obtain a successful settlement for 90% of the policy limits available.

    • Drag Racing Causes Serious Personal Injury in Harrisonbury, VA - Auto Accident $450,000.00

      Our client was involved in a serious collision that occurred in Harrisonburg, Virginia. She was driving down E. Market Street with two other passengers. Two other vehicles were drag racing on the opposite side of the street when one of the drivers lost control and crossed over the double yellow lines and caused the collision. Our client suffered a collapsed lung, two aorta tears, facial cuts, one lower and upper arm laceration, spleen and kidney removal requiring forty-eight (48) staples, contusions and bruises to the left side of her body and left thigh, tear/laceration in her colon and pancreatitis as a result of the injury and liver laceration. A lawsuit was filed in Rockingham County. This case was settled before trial for $450,000.

    • Automobile Accident in Culpeper, Virginia - Auto Accident Confidential

      Our client was injured in an automobile collision in Culpeper, Virginia in 2011. At the time of the collision, our client was traveling north and was proceeding to make a left through a protected green light, when a vehicle operated by another driver, proceeded through the intersection at a red light and struck the side of her vehicle. The driver did not have insurance at the time of the collision. Because of this, we had to make a claim for uninsured coverage. He was initially charged with failure to obey a traffic light and was issued a ticket, which he prepaid.

      As a result of the collision, our client sustained injury to her right shoulder with radiating pain to her right wrist and hard. She also sustained severe headaches which lasted for several weeks after the collision. After the collision, our client drover herselt to Culpeper Regional Hospital and was given pain medication and released.

      She then followed up with the University of Virginia for her headaches and right shoulder pain. She was given a prescription to assist with the headaches and her arm was allowed to improve on its own. She continued to have pain in her wrist. While she had a history of carpel tunnel syndrome, she was not experiencing any issues with her wrist at the time of the accident. The pain increased over the next few weeks and it was her doctor's recommendation that she be a candidate for surgical intervention. Our client had surgery on her wrist in September 2011.

      The insurance company refused to make a fair offer for settlement and a lawsuit was filed in the Culpeper Circuit Court. This case was settled prior to trial. While the surgeon was not able to relate the surgery to the collision, it was noted that the collision may have speed up the need for the surgery. Even though we were not able to include the surgery for settlement purposes, we were able to obtain a settlement that exceeded a little over two times the medical bills. This was an increase of the offer made before filing suit. Fortunately for our client, she had underinsured/uninsured coverage on her vehicle which protected her against the uninsured driver who caused the collision. Without this coverage, she would not have been able to make a recovery because this individual did not have auto insurance or assets from which to recover. Many times, people who are injured through no fault of their own are left without any mechanism for recovery because the other party did not have automobile insurance. In most cases these individuals also do not have assets or personal wealth and there really is no means to compensate the injured party. Having high policy limits, which provides underinsured motorist coverage, protects you against this scenario.

    • Automobile Accident in Albemarle, VA - Auto Accident Settlement

      Our client was driving a vehicle traveling near an intersection in the county of Albemarle, Virginia, when a vehicle pulled out in front of her from a median which had a posted sign that read "authorized vehicles only." Our client, who was traveling at the posted speed limit, was unable to stop in time and rear-ended the vehicle. Her vehicle was totaled and the other vehicle sustained significant damage.

      Our client was previously injured in a severe car collision which had required an immediate disc fusion surgery. The main concern was whether or not the hardware in her spine was in-tact after this collision. She was taken by ambulance to the University of Virginia. X-rays were taken that showed her hardware was in place; however, she still suffered from back, neck and knee pain. She was recommended as a candidate for physical therapy after all her x-rays came back negative for fractures. There was an issue with obtaining treatment because our client did not have health insurance. She eventually opted for care with a chiropractor.

      The insurance company for the at-fault driver refused to offer a settlement, maintaining that our client rear-ended their insured and the claim was denied. A lawsuit was filed shortly thereafter in the Albemarle Circuit Court. Near the trial date, in accordance with discovery processes, our client was summoned to take part in a medical examination by another physician hired by the defense counsel. This physician indicated that he believed our client only needed about 6-8 weeks of recovery care from the date of the collision and he felt the majority of treatment received by our client was not related to the collision, but was excessive and unnecessary. We were unable to relate the knee pain our client suffered from as our client's physicians were not able to pinpoint exactly when it started. The only medical note that indicated knee issues was months after the collision. This is an example as to why it is important to notify your doctors of every single ailment at every appointment. Doctors rely heavily on their medical records for testimony. Keep in mind that they treat hundreds of patients every year and they will most likely not remember your treatment specifically. Another hindering factor in this case was our inability to reach the treating chiropractor to discuss the client's treatment. In order to bring a case to trial, we need the support of the treating physicians. It is important that doctors be on board for testifying about the treatment they provided to the client. There are some cases in which doctors have been uncooperative or unreachable and this has significant impact on the case, typically in a negative manner. In this particular situation, we had to exclude most of the care from the chiropractor because we could not reach him. This brought the worth of the case down and forced us to settle the case for less than if we had been able to relate the chiropractor's treatment. However, our client was reasonable and understanding of the process and was satisfied with the outcome.

    • Collision in Northumberland County - Auto Accident $60,000.00

      Our client was injured in a collision that occurred on Route 360 in Northumberland County, Virginia. Our client was traveling west when a truck heading in the opposite direction lost control of a trailer he was pulling. The trailer went into our client’s lane striking our client’s truck causing it to run off the road, up and embankment and to overturn.

      The Virginia State Police responded to the scene of the accident. The investigation showed that the defendant had negligently hitched a 2” trailer to a 1 7/8” ball on his vehicle and failed to correctly attach the safety chains to his vehicle. The defendant was charged with failure to drive on the right side of the highway and was found guilty in Traffic Court.

      Due to his injuries resulting from the collision, our client was extracted from his vehicle by the rescue squad and then was airlifted to the Riverside Regional Medical Center in Newport News, Virginia. He suffered a severe laceration on his head requiring surgical repair, a hematoma in his scalp, an abdominal wall hematoma, bilateral shoulder contusions, knee pain and swelling, and cervical strain. While at Riverside, he had x-rays and a CT Scan and was discharged with pain medication and directions to follow up for removal of his sutures. He followed up with his primary care physician. He had continual pain and swelling in his knees, chest, neck and head. He remained under his family doctors care with a follow-up appointment with Rappahannock General Hospital for his knee pain and swelling.

      Our client passed away from causes that we could not relate to the collision. When he died the case proceeded for his estate. After his death the defendant tried to say our client went into the defendant’s lane and caused the collision. We searched more intently for a witness that we knew saw the accident but we had very little information on. We did not even have the witnesses’ correct name. After numerous calls and interviews we were able to find the witness who fully support our client’s version of the collision.

      After the defense deposed the witness they admitted the accident was their fault and the case proceeded to trial on the sole issue of damages. Our client incurred over $19,000.00 in medical expenses the majority of which was for the emergency room visit and the helicopter flight. The last offer was $45,000. The wife of our client made a courageous decision to try the case and the jury returned a verdict for $60,000

      We were pleased to recover 30% more than was offered. I was honored to have represented the family and I miss our client.

    • Car Crash Leads to Medical Bill Negotiations - Auto Accident Confidential

      Our client was injured in an automobile collision in Spotsylvania County, Virginia. At the time of the collision, our client was asleep as a rear-seated passenger, when the driver of the vehicle, drove off the road. She collided with a fence and ditch along the side of the road.

      As a result of the collision, our client sustained a laceration to her ear lobe, abrasions to her head and headaches, nausea, multiple contusions, a skull fracture, neck pain, wrist pain, and shoulder pain. She was admitted to Mary Washington Hospital on the day of the accident. X-rays were taken and the skull fracture was found. She was put on an IV and admitted to the hospital and released after the next day. She was then given a pain medication prescription and released.

      She incurred a total of $20,708.95 in medical expenses as a result of this accident. We were able to negotiate the emergency room bill down and make a decent recovery for our client. Since the majority of her medical bills resulted from the single overnight hospital stay, there was extreme difficulty in obtaining an agreeable settlement as the insurance company was very reluctant to make a settlement offer higher than the medical bills. While the settlement details are confidential, our client was pleased with the result.

    • Charlottesville Car Accident - Auto Accident $175,000.00

      Our client was injured in an automobile accident at the intersection of Route 29 and Branchlands Boulevard. The defendant was traveling northbound on Route 29 and approached a red light. Our client was making a left turn from the southbound lane of 29 to turn onto Branchlands Blvd. The defendant ran the red light and hit our client. At the scene, the defendant driver admitted she had rushed through the red light and was at fault. She was charged with failure to stop at a red traffic signal.

      As a result of the accident, our client sustained a concussion, two black eyes, facial lacerations and contusions, shortness of breath, injury to his neck, back and knees, a split left bicep muscle and a right arm and right shoulder tear. After treatment, our client was diagnosed with a right shoulder rotator cuff tear. His surgery was performed at the University of Virginia hospital and he underwent physical therapy following surgery.

      Our client made a fairly good recovery, buth continued to experience weakness in his right shoulder and from teh left bicep injury. Our clients medical bills were over $55,000 after filing suit and preparing the case for trial, including depositions. We were able to resolve the case for $175,000.

    • Car Accident--Richmond Virginia--Henrico Virginia - Auto Accident $85,000

      Our client was injured in a collision that occurred on August 27, 2004, at the intersection of Broad Street and Glenside Drive in the County of Henrico, Virginia. At the time of the collision, our client was Eastbound and was traveling though an intersection when another driver failed to stopped at a traffic signal and collided with the front end of our client’s vehicle.

      Due to her injuries resulting from the collision, our client was treated at St. Mary’s Hospital in Richmond, Virginia where x-rays were taken of her right shoulder and right arm. She was treated for neck strain, right arm pain, right shoulder strain, and right wrist pain, as well as an abrasion to her right arm. The injury in her right arm and wrist led to continuous pain and discomfort after the accident. Following one hospital visit, our client treated with Dr. Gwendolyn Geffert of Prince George Adult & Child Medicine who took additional x-rays of her right arm and shoulder due to the increasing discomfort. It was opined by Dr. Geffert that our client may have a musculoskeletal or nerve injury and referred her to the Neurological Department at the University of Virginia. She was seen by Virginia Simnad, M.D.

      Dr. Simnad found no evidence of a “neuropathic injury” and thus referred her to the Orthopaedic Clinic at the University of Virginia where she had an MRI and was diagnosed with ganglion cyst in her right wrist. She was recommended to undergo injections by Dr. A. Bobby Chhabra of the University of Virginia Orthopaedic Clinic.

      Our client still suffered from discomfort and pain in her right wrist and was evaluated by Dr. John Blank at Tuckahoe Orthopaedics. She then was seen by Dr. Sanjay Desai at West End Orthopaedics where it was determined that a right wrist MRI arthrogram would be necessary to determine the basis for her continuing wrist pain. She underwent the procedure at Memorial Regional Medical Center where a “synovial cyst” was found. It was then decided to perform an anthroscopy with a partial synovectomy of her right wrist as a means to alleviate her pain. The procedure was completed at Henrico Doctors’ Hospital in Richmond, Virginia.

      Upon completion of the procedure, our client’s pain was mostly resolved and post surgery, she visited twice with West End Orthopaedics for physical therapy.

      Later, she had another less invasive procedure on her wrist performed by Dr. Michael Devine of the Charlottesville Hand Clinic which ultimately helped resolve residual tingling and discomfort in her hand.

      The defense hired a doctor that offered an opinion that the cyst was not from the trauma of the collision and was not related to the accident. The medical bills were highly contested.

      While liability was clear on this collision, the injuries were difficult to relate to the collision because the client was involved in another automobile collision after this one and there was a significant gap in treatment. We were pleased with the result, considering the possibility that the jury may not have related most of the treatment regardless of our doctor’s testimony and the defense had hired a doctor which refuted most of her treatment was related to the accident.
      The case was fully litigated and settled shortly before trial.