Shapiro, Lewis & Appleton
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Case Description: A Nofrolk, VA, school teacher using a crosswalk to get across a street suffered a fractured heel and broken lower leg bone when he was struck by a distracted driver
Firm Attorney and Staff: Richard N. Shapiro, Atorney; Roz Hughes, Paralegal; Meg Cudden, Legal Assistant
Court/Date: Virginia/2008
What Happened: Our client was a Norfolk, Virginia (VA), public school teacher who was crossing a two-lane road near an intersection with a Norfolk highway when he was hit by a 2005 Dodge Magnum. The driver of the car told the police that he had looked down and only saw our client when he looked up, which did not give him enough time to avoid the accident. Our client was taken to a local emergency room with cuts to both arms and complaining of left foot and left knee pain. He was placed in a leg cast for his left ankle, given crutches, and told to follow up with his doctor.
When our client followed up with his own doctor, he was experiencing swelling and bruising around his ankle. He was eventually diagnosed with a distal fibula fracture before he saw an orthopedic surgeon in Virginia Beach, VA. The surgeon eventually diagnosed a left calcaneal fracture. The calcaneus, or heel, had a displaced fracture. A CT scan was ordered, and that revealed multiple bone fragments and problems at the posterior subtalar joint. The fracture was comminuted and malaligned.
In the midst of his medical care, our client relocated from Virginia to California (CA) to take another teaching job and had to have follow-up care with a new orthopedic surgeon. Corrective surgery was performed on his ankle in California, and our client underwent substantial physical therapy and was forced to wear an orthopedic boot.
Ultimately, our client's medical expenses totaled $40,000, and he lost significant wages from his teaching position while receiving treatment and participating in physical therapy sessions.
Key Legal Strategy: This case was pending in Virginia, so we analyzed VA law pertaining to pedestrians and crosswalks. We were prepared to show the insurance company that the right of way was in favor of the pedestrian and that the at-fault had driver failed to keep a proper lookout.
During settlement negotiatons, we provided a careful history of digital photographs of our client’s injuries, including the appearance of his ankle after the corrective surgery. This impressed the insurance adjusters. We also obtained verification of all our client's wage loses and presente this calculation to the insurance company's representatives.
After outlining all of this, we obtained the maximum payout allowable under the at-fault driver's insurance policy limits.
Outcome: The total insurance coverage available was only $100,000. Two insurance companies combined to pay the settlement.
Postscript: When ths case settled, my client reminded me that the first personal injury lawyer he contacted turned down the case because the other lawyer didn't think our client had a case. Stunning, but true.
Awarded: $100,000


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.