Our client was taking their normal morning commute on Interstate 64 (I-64) traveling eastbound toward the naval base when the operator of another vehicle suddenly crossed the median and collided with my client’s vehicle head on. The collision caused a significant impact and our client had to be transported to a local hospital for immediate medical treatment.
Severe Collision Causes Severe Injuries
The injuries inflicted upon our client were serious and debilitating. In fact, our client suffered a fractured vertebrae as a result of the I-64 car wreck. In the aftermath of the accident, our client was left damaged physically and financially. However, our client was rebuffed by the other motorist's insurance company when it came to properly compensating them for their harms and losses. Why? Because an accident report prepared by the Virginia State Police indicated the other motorist allegedly suffered a medical emergency that caused them to lose control of the vehicle and collide with our client's vehicle. This report led the insurance company to deny liability and refuse to make a reasonable settlement offer.
Investigating the I-64 Collision and Building a Compelling Personal Injury Claim
With liability contested, our client recognized they needed the services of a skilled and respected personal injury lawyer in Norfolk, VA. They contacted our law firm and retained the services of Randy Appleton. Shortly after our law firm was retained, we had our client examined by a doctor who prepared a report identifying the injury suffered by our client in the collision as the fractured vertebrae. The doctor also described structural changes to the vertebrae as a result of the fracture and concluded this condition was contributing to on-going leg pain our client was suffering.
Key Legal Strategy - Intensive Review of Records
As mentioned, the firm was unable to reach a settlement agreement because the other driver's insurance company denied liability based, in large part, on the accident report from the police. We took action and filed a personal injury lawsuit. With the lawsuit filed, we immediately subpoenaed the other driver's medical records in the wake of the head-on collision. Our intensive review of these records revealed the other driver suffered from a medical condition, but the other driver was non-compliant in using a prescribed medication. The misuse of a prescription medication was confirmed by testimony elicited from the other driver during their deposition.
As mentioned earlier, the other driver initially denied any responsibility for the collision and alleged they were not negligent. Rather, the collision was an unfortunate byproduct of a sudden medical emergency. However, our firm was able to get the other driver to abandon these arguments and ultimately admit liability for causing the crash.
We agreed to participate in a voluntary mediation and ultimately reached an amicable settlement.
Case: Demski v. Irons
Settlemtn Amount: Confidential
Court: Virginia Beach Circuit Court
Firm Attorney: Randy Appleton
Staff: B. Wyatt