Shapiro, Lewis & Appleton
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Case Description: Rear-end collision on I-264 left woman with a shoulder ijry that turned out to be a torn rotator cuff
Location: Chesapeake, VA Circuit Court
What Happened: Our client was driving her SUV to work on I-264 when she was hit from behind by a young man driving a car. Our client braced herself on the steering wheel because she could tell that the car was going to hit her while she was stopped for backed up traffic. She sustained a shoulder injury that ended up being a torn rotator cuff. The initial MRI on the shoulder did not show the tear, and it was not discovered until later during an arthroscopic surgery.
Key Legal Strategy: The case posed several challenges, including the fact that there was minimal to no property damage visible on the rear of our client’s SUV. Additionally, she had been to see a chiropractor for treatment of a neck probem for a period of months prior to the wreck. Her last chiropractic appointment had been five days before she got hit on the highway.
Unfortunately, the chiropractor had a mistaken entry made by his staff in the chart on that last visit which appeared to indicate that the plaintiff had a problem with the same shoulder that got hurt in the traffic accident. By working with our client's orthopaedic surgeon to explain why the initial MRI did not show the torn rotator cuff, we were able to put enough evidence before the jury that they must have believed that it was at least likely that the woman's torn rotator cuff resulted from the rear-end crash despite the prior treatment and the giant pictures of her SUV that appeared to show a slight impact.
Outcome: A civil trial jury awarded or client $50,000. By going to trial, we got more than the insurance company was willing to offer in settlement and made the compay pay in a case in which claims adjusters had refused to believe that our client got hurt in the wreck caused by their policyholder.
Awarded: $50,000


About the Editors: Shapiro, Lewis & Appleton is a Virginia Beach, VA-based injury law firm whose attorneys focus on personal injury and accident law and we have handled thousands of car accident, truck wreck, and motorcycle crash cases. Check out our case results to see for yourself.
We've handled car accident cases throughout Virginia including Richmond, Fairfax, Alexandria, and the Hampton Roads region including Virginia Beach, Norfolk, Chesapeake, Hampton, Portsmouth, Newport News, and Suffolk.
Our primary office is in Virginia Beach at the intersection of Diamond Springs Road and Northampton Boulevard. We also have an office on Eaton Street in Hampton. All of our accident injury attorneys were raised in Virginia and have deep roots with the community.
Our Virginia injury law firm has been recognized as one of the best injury law firms in Virginia by U.S. News & World Report since 2010. Rick Shapiro and James Lewis have been listed on the National Million Dollar Advocates Forum since 2009 and included among the Best Lawyers in America since 2008. Rick and Jim were named Virginia Super Lawyers for Personal Injury Law since 2010, an honor fewer than 5 percent of lawyers receive. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms.
We also offer free special reports on distracted driving and the Best Guide to Car Accident Injuries in Virginia.
While not every injury case meets our criteria, we offer a free, initial confidential injury case consultation, so call us at 1-800-752-0042. If you cannot get through due to high call volume, please leave a voicemail and we will get back to you shortly.