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Rear-End Accident Victim Required Neck/Cervical Fusion Surgery and Lost Income and Earnings

Case description: Motor vehicle wreck involving a contractor-owner of a concrete curb and gutter service company

Court: Chesapeake Circuit Court

What Happened: Our client was rear-ended on March 17, 2003. The impact was significant and both vehicles were declared total losses.Our client was initially thought to have severe soft tissue injuries and treated with his family doctor and a rehabilitation physiatrist for one year. Thereafter, he was referred to a neurosurgeon who performed a C6-7 cervical diskectomy surgery with fusion and plating. The surgery went without complication, and his recovery was likewise uneventful. He was left with chronic neck and back pain. As a result, he claims that he was unable to perform many of his job duties as the owner and COO of a concrete curb and gutter contracting company. The plaintiff's vocational rehabilitation expert was prepared to testify that the plaintiff had sustained a loss of earning capacity of approximately $52,000 per year and had a worklife history of 24 years.

Key Legal Strategy: Obtaining and assisting the vocational expert in evaluating our client's earning capacity losses and presenting that evidence in a convincing manner to the defendant's lawyer and insurance adjuster.

Outcome: Settled for $600,000