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Rear-End Auto Collision Aggravating Pre-Existing Neck Disease Results in $675,000 Settlement

What Happened

Our client, involved in the health care field in Virginia, was rear-ended on I‑64 while attempting to exit during rush hour traffic on the way to work.  Our client developed neck, arm and hand pain.  He was treated with physical therapy and cervical injections without lasting relief.  He was diagnosed as suffering from asymptomatic cervical degenerative disc disease which became symptomatic as a result of the collision.  His treating physician gave the opinion that he would probably require a cervical (neck) fusion procedure in the future.  The client was unable to return to his pre‑collision job due to his injuries, but he participated in an educational program which led to alternative employment.  The parties participated in a voluntary mediation session which failed to result in a resolution of the claim.  The defendant driver admitted liability, but contested damages, meaning that they contested any and all total monetary damages. 

Key Legal Strategies

The Virginia Beach car accident attorneys of Shapiro & Appleton were prepared to present medical testimony at trial to establish that the rear end collision was the cause of his significant neck symptoms, and was the cause of his inability to work at his healthcare profession job. We also developed evidence relating to future medical care and costs, as well as the testimony of a forensic economist, calculating lost earnings and vocational rehabilitation expert to establish the value of the client’s loss of earning capacity due to his injuries. Lost earning capacity is different than actual lost wages and requires a professional opinion from a vocational counselor who interviews a person and usually administers a battery of vocational tests. The defendant driver’s attorney had a medical examination conducted and that particular physician contested the extent of our clients medical injuries.

Firm Attorney and Staff

  • Virginia Beach car accident attorney Randy Appleton
  • Becky W.
  •  Roz H.

675,000 Settlement