Shapiro, Lewis & Appleton
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Case Description: Pedestrians suffer broken legs when hit in crosswalk at Oceanfront by legally drunk driver
Firm Attorney and Staff: James C. Lewis, Attorney; Denell Falzon, Paralegal; Julia Hatcher, Legal Assistant
Court/Date: Virginia Beach Circuit Court/ May 2007
Case Description: Pedestrians atruck by automobile
What Happened: On July 30, 2004, plaintiffs DD and JS were visiting Virginia Beach, VA. At approximately 9:10 pm, they were crossing Atlantic Avenue in the crosswalk at 23rd Street. They had successfully crossed the two southbound lanes and the first northbound lane when they were struck in the eastern most lane by the defendant. Both plaintiffs suffered fractures of the right tibia and fibula. JS fractures healed without complications. DD required replacement of the intramedullary nail that had been originally inserted while he was hospitalized in Virginia Beach. For this reason, DD's medical expenses were much higher.
At the time of the incident, the defendant had a blood alcohol content, or BAC, of .09, DD had a BAC of .11 and JS had a BAC of .08. The attorneys in the case agreed that none of the alcohol related issues would be admissible at the trial.
Key Legal Strategy: Critical to the injured clients' successfully prosecuting their claims was the fact that they retained a law firm quickly. Our attorney had the entire scene of the accident carefully and thoroughly photographed within several weeks of the accident. This allowed our attorney to show the jury what the condition of the roadway was at the time, given the fact that many changes had been made to the accident scene by the time the case was settled.
Outcome: The case settled in mediation two days before trial for a total of $545,000.00, with DD receiving $455,000 and JS receiving $90,000.
Awarded: $545,000


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.