This was a head-on collision caused when defendant, 79, leaned down to fix his shoe. He crossed the center line on Main Street in Fairfax City and hit this BenGlassLaw personal injury client, causing substantial property damage to both vehicles.
The hired the BenGlassLaw personal injury team on a contingent fee basis, feeling that it was “worth it” to not have to deal with the insurance company on her own.
The Defendant Admits Guilt
The defendant agreed that his carelessness caused the accident and terrible injuries.
At the time of trial, plaintiff had had a good recovery, and was fairly active, playing tennis and traveling overseas.
Plaintiff, 51, suffered fracture dislocations of several metatarsals (foot bones) and, after 18 months of conservative treatment, underwent surgery for placement of three metal screws to achieve a fusion of her foot.
She has a 30 percent permanent partial disability of her foot.
“Permanent partial disability” (PPD) is a term used in the context of Virginia personal injury law to describe a condition where an individual has sustained a lasting impairment due to an injury, but the impairment does not completely limit their ability to work. In the specific scenario of a car accident, if the injury results in a permanent impairment that partially limits the individual’s physical or mental abilities but does not render them completely unable to work, it would be classified as a permanent partial disability.
This classification impacts the compensation the injured party is entitled to receive. The severity of the disability is often assessed using a rating system that determines the degree of impairment and, consequently, the amount of compensation. Each Virginia personal injury case is different and different juries can arrive at different compensation for injuries that result in a permanent partial disability.
He also suffered a knee injury and a facial burn (from the airbag), both of which resolved within a matter of weeks. He still has persistent pain in her foot from traumatic arthritis, and she wears orthotics to relieve the pain. She also takes anti-arthritis medication and likely will do so for the rest of her life.
The BenGlassLaw Team Worked Hard to Get the Case Settled, To No Avail
Since defendant was a widower and owned his own home with substantial equity, plaintiff offered to settle the case for defendant’s policy limits of $100,000. That offer was conditioned on acceptance before defendant’s expert witness designation was due.
Allstate made a $50,000 “take it or leave it” offer.
The Insurance Company Doctor Agreed With the BenGlassLaw Team
At trial, defendant’s expert fully agreed with all of plaintiff’s treatment, the nature and extent of her injuries and the assessment of the permanent disability. Allstate never increased its offer. The underinsured motorist carrier (USAA) refused to get involved in negotiations because Allstate never made a policy limits offer.
Plaintiff called Mark Myerson, M.D. of Baltimore, who had performed the surgery. He testified by videotape. Defendant used Robert Nirschl, M.D., who did two defense examinations. He examined plaintiff both before and after her surgery. He filed two reports strongly supportive of plaintiff, both of which were admitted into evidence at the trial.
The Jury Awarded More than the Insurance Coverage
The trial resulted in an award in excess of Allstate’s coverage. In order to resolve the matter, Allstate paid the entire verdict.
$160,000 for accident causing broken bones in foot and surgery