Recently, we were able to settle a claim arising out from a June 23, 2017 car accident for $300,000. The 300k was the limits of insurance available. On the date of the accident, our client was driving when the defendant crossed over the median and hit his vehicle head-on.
Due to the impact, our client sustained multiple serious injuries to include a lumbar vertebrae fracture, sternal fracture, wrist fracture. Given his wrist fracture, he was required to undergo surgery.
Fortunately, since then our client has made a strong recovery, and while he still does have residual pain in his wrist and back, he has not sustained any obvious permanent injury.
There was concern that liability may have been denied. The defendant claimed that she had sustained a medical emergency which caused her to lose control of her vehicle and cross over the median and impact our client’s vehicle.
Under Virginia law, if you sustain a medical emergency that causes the accident, insurance will not cover the claim given that it’s not based upon negligence but rather a medical condition.
Through litigation, the defendant agreed with their insurance company to settle the claim. Given that had we advanced to trial, we could have indeed earned a judgment more than the $300,000 of insurance coverage that he had. However, based upon the risk of trial, our client was happy to resolve the matter for the insurance limits.