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Shapiro & Appleton

Tractor-Trailer/Car Crash Wrongul Death - $2.4 Million Settlement

State Court, Virginia 2006

Staff:
James C.Lewis, Attorney
Denell Falzon, Paralegal
Karen Lorda, Legal Assistant
Donald Case, Investigator
Geraldine Bacan, Investigator

What happened:
LW was a passenger in an automobile, and with his coworker he was on the way to work. Approaching the vehicle from behind was a tractor-trailer. The tractor-trailer operator attempted to change lanes but miscalculated the distance between his truck and the rear of the car, and when he clipped to the rear of the car, it caused the car to flip over, which nearly instantly kill LW. LW was survived by his wife of 38 years and his four adult children. The tragic wreck occurred on a rural highway in Virginia.

Key legal strategy:
We analyzed the possible places for a lawsuit that would need to be filed quickly in order to preserve evidence relating to the causes of the tractor-trailer wreck, and located a favorable venue where one of the defendant's subsidiary companies did business. A second key legal strategy was to locate a grief counselor. Although the adult children and surviving spouse did not feel that they had a need for any counseling, a grief counselor was able to interview the surviving family members and put it into a report as well as testimony the tremendous losses that the family suffered. The grief counselor was tremendously effective, and so much so that the defended tried to have the grief counselor excluded from the trial, which never was ruled upon. About a month before trial the parties agreed to have the case mediated by a retired judge. While case did not settle on the day of mediation, the mediator continued the settlement discussions and was able to successfully resolve the case several weeks later.

Result:
Case was settled in favor of L. W.'s estate for $2.4 million

$2.4 Million Car/Truck/Tractor Trailer Wrongful Death Settlement

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