Our client was employed as a beer distributor. His job required that he lift and transport up to 1,000 cases of beer each day to local convenience stores.
On the way to work one morning the defendant pulled from a stop sign, giving our client no room to avoid a collision. The beer distributor, who had previously had surgery for a fusion at C5-C6, now had additional herniated disks which at least one of his many physicians be operated on.
The client endured many months of physical therapy, steroid injection and other non-surgical treatment. Because of his injury he eventually lost his job (after 7 months of trying to perform with the pain) and he was out of work for about 8 months before returning to the work-force at a lower paying job.
The Liberty Mutual insured had only $100,000 in coverage. Our client had only $100,000 in coverage, thus under Virginia insurance law, the maximum recovery of insurance was $100,000.
The defendant rented her property and had no significant assets.
Liberty Mutual had no doctor prepared to refute any of the plaintiff's claims. His claims include $41,939 in medical expenses and lost wages of $35,661.
The most Liberty Mutual ever offered to settle the case was $45,000 thus forcing the case to trial or arbitration.
The plaintiff elected to participate in binding arbitration because was a lower cost option.
The arbitrator heard the evidence, including Liberty Mutual's argument that (1) the plaintiff should have quit his job earlier (thus forcing his family into further financial ruin) because "working exacerbated his pain." Liberty Mutual also argued that he could NOT recover for lost wages because he lost his job due to "lack of work."
The plaintiff's supervisor testified that had the plaintiff not been injured in the accident he would still be employed a beer truck distributor and would have been one of this "top 3 drivers."
Due to the lack of insurance the maximum recovery was, indeed $100,000.