Case Description: Turning driver who failed to yield right of way to a vehicle traveling straight casued an accident with serious injuries
Firm Attorneys and Staff: Richard N. Shapiro and Kevin Duffan, Attorneys; M. Cudden, Legal Assistant
What Happened: Our client was traveling in his car eastbound on Virginia Beach Boulevard in Virginia Beach, VA. At the same time, the defendant approached a stop sign from a residential neighborhood on a 25 mph road. The defendant attempted to enter the 45 mph Virginia Beach Blvd., heading westbound and failed to yield the right of way to our client who was traveling on Virginia Beach Blvd. eastbound.
A violent wreck occurred between the two vehicles requiring emergency rescue efforts. As a result of the VA car accident, our client suffered extensive orthopedic injuries which required being removed from the car by rescue squad.
Ultimately, our client underwent surgeries for a displaced closed intraarticular right calcaneus fracture, a left supracondylar femur fracture, a left open ankle fracture bimalleolar and other related orthopedic care. Basically, his lower body was seriously injured as a result of the car wreck. Our client was hospitalized for weeks and underwent ultimately four foot or ankle surgeries including placement of a plate in his left leg, and ultimate fusion of his left ankle.
Our client was wheelchair-bound, or could walk with only an assistive walker for months after the VA car crash. Besides having to learn to walk with a fused left ankle, our client may require further ankle surgery on the right side and a possible right ankle fusion which will further limit his ability to walk. A medical doctor gave the opinion that our client will suffer significant post traumatic arthritis of his lower body, and may also require a right side knee replacement depending upon future events.
Key Legal Strategy: Our VA personal injury firm obtained a vocational assessment, which basically determines how much money a person would have probably made based on what they earned prior to an accident and how many years they could have reasonably worked. For our client in this VA car crash case, the wage earning capacity loss was $612,000.
On the serious orthopedic injuries of our client, it was established that his future medical care costs would be roughly $830,000, or annual costs of approximately $30,000.
We filmed two day‑in‑the‑life videos showing our client's daily activities in his small apartment, including how he would transfer himself from a wheelchair to various assistive devices in his bathroom and how our client would slide, step by step, down his stairs to a wheelchair at the bottom of his apartment unit.
A settlement brochure was organized, including liability issues as well as the day‑in‑the‑life video and settlement negotiations ensued with defendant's insurer. During investigation it was learned that the defendant driver had a $1 million umbrella policy further protecting him for liability in excess of his car insurance policy that applied to the circumstances of this car wreck.
Outcome: $1 million settlement.
Click here to see a video testimonial from the client who received this sizable settlement
Jurisdiction of case; Virginia Beach, Virginia (VA)