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HSCLA Staff: James C. Lewis, attorney; Denell Falzon, paralegal; Julia Hatcher, legal assistant COURT/DATE Virginia Beach Circuit Court May, 2007 CASE DESCRIPTION Auto accident WHAT HAPPENED The Plaintiff was a 32 year old veterinary practice manager who was married and the mother of two young children. She was on her way home from work when the Defendant pulled out in front of her causing her to broadside his car at a speed of 35-40 miles per hour. The accident occurred in front of Virginia Beach General Hospital where she was taken by an EMT who happened to be passing by at the time of the accident. She was diagnosed with a left wrist sprain and a neck and back sprain. Therefore, after she followed up briefly with a chiropractor who provided little or no relief. Thereafter, she saw her family doctor who referred her to a physiatrist, who started her on a course of physical therapy and trigger point injections. Approximately six months into her treatment she was referred to a neurosurgeon for a neurosurgical evaluation. This doctor determined that she was not a neurosurgical candidate. According to the physiatrist the Plaintiff fell into the 5% of the of the patient population who never completely resolved their Myofascial Pain Syndrome and both he and the neurosurgeon opined that her chronic and neck and shoulder symptoms would remain throughout her life time. The trial court allowed counsel for the Plaintiff to inquire of the jury as to how many of them felt that there were too many frivolous personal injury lawsuits begin filed in America today. Of the fifteen members on the jury panel, eleven answered the question in the affirmative and counsel for the Plaintiff was allowed to explore with each one of them why they held these feelings. This allowed Plaintiff’s counsel a thorough opportunity to discuss the concerns that each of the jury members had who answered positively regarding the fact that too many frivolous personal injuries cases were being filed. This was critical to preconditioning the jury to understand that all personal injury actions are not frivolous. Once the final seven jurors were selected six of them had actually answered the “frivolous personal injury” question in the affirmative. In closing arguments, the jury was requested to return a verdict for the full amount of the special damages together with the sum of $170,000.00 to compensate the Plaintiff for past and future pain and suffering. OUTCOME The jury returned a verdict at the end of their deliberations for the entire amount asked for.
Awarded: $170,000.00
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Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
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