How this Williamsburg, VA Accident Happened
In this Williamsburg, Virginia accident the Plaintiff was traveling on Longhill Road (now known as DePue Drive) in James City County. At that time, the Defendant was stopped at a stop sign on Asbury Road where that road intersects with DePrue Drive.
As the plaintiff approached that intersection, the defendant pulled her car into the intersection in an attempt to make a left turn onto Longhill Road. There were several independent witnesses to the collision.
The Rotator Cuff Injury
The plaintiff sustained a rotator cuff tear that was repaired surgically. A rotator cuff injury involves damage or irritation to the rotator cuff muscles or tendons in the shoulder, which can range from mild inflammation to severe tendon tears, leading to pain and restricted movement.) The accident also exacerbated a pre-accident tear to his distal interior supraspinatus tendon as well as a chronic, but fully functional, rotator cuff tear in his left shoulder. Given these injuries, his surgery was required to repair his rotator cuff (to the extent that it could be repaired), but his bicep tendon could not be repaired.
Due to the accident, the plaintiff incurred $31,759.88 in medical expenses. You can find out how insurance companies value a rotator cuff injury in a car accident here.
The Claimant’s Employment with Jamestown-Yorktown Foundation
At the time of the accident, the plaintiff was a courier for Jamestown-Yorktown Foundation where he had worked since 1997. He was paid at an hourly rate of $9.68 per hour. Working seven (7) hours per day, he was required to miss twenty-eight (28) days due to this accident.
The Pre-Lawsuit Negotiations
The insurance company refused to make a reasonable offer prior to the filing of a lawsuit.
The Case Settles After the Court Orders Mediation
The case was settled in mediation with a retired Circuit Court judge for $125,000. Mediation in a civil lawsuit is a confidential, voluntary process where a neutral third party, the mediator, helps the disputing parties reach a mutually acceptable settlement of their case. Mediation is different from arbitration.