RESULTS: $100,000 Full Policy Coverage, Maximum Recovery
Court: Norfolk, VA
DATE: February 2024
ATTORNEY: Kevin D. Sharp
STAFF: Beth C., Paralegal
WHAT HAPPENED:
Our client was a military servicewoman who was driving on the ramp of Interstate 264 as she was about to merge onto the highway. Due to stop-and-go traffic, she came to a stop on the ramp. At that time, another driver hit the rear and side of her vehicle causing injuries to our client’s neck and back. The other driver stated that our client was at fault due to the fact that she was partially on the ramp and partially on the shoulder of the ramp. The other driver also alleged that our client had neck and back injuries before the accident due to her military service. Given the positions of the defense, a lawsuit was filed.
LEGAL STRATEGY:
We filed suit against the other driver. Pleadings were exchanged, and depositions were taken. It was established that our client had properly stopped due to traffic and that she had been rear-ended by the driver who was at fault. Our client did have prior injuries to those areas affected by the accident, but military personnel often have injuries due to the rigorous strain on their bodies related to military service.
Our client had moved out of the state of Virginia, and all of her medical providers were military treaters and doctors. This often presents a difficulty because the military doctors often will not testify or assist in advancing the lawsuit. For this reason, we had to retain a separate doctor to review our client’s medical records and offer an opinion that her injuries were related to the accident. The doctor also was able to distinguish her prior injuries from the injuries caused by the accident. We were able to address these issues with the insurance company and their attorney and demonstrate that her injuries were the result of the accident.
The insurance company, which initially indicated that it would not pay the full amount of the policy covering the at-fault driver, ultimately decided to pay the full amount of the policy, $100,000.00.
Military personnel involved in accidents often have complicated cases. Due to their service, they often have prior physical or cognitive injuries. They are often stationed in other locations after the accident. They also may require other doctors to treat them or review the case to offer an opinion about their treatment and injuries. Our military clients do not want their military careers compromised by numerous requests, subpoenas, and demands of their colleagues or superiors. Insurance companies know that these issues make these cases more difficult and complicated. If you are a military service member involved in an accident, make sure that you have an attorney who knows how to navigate these issues.
RESULTS:
$100,000 full-policy coverage insurance settlement, maximum recovery.
Shapiro, Washburn & Sharp is proud to represent our military members and get them the best result possible.