On Monday a Fairfax County jury awarded a 53 year old Dumfries, Virginia man $311,000 for damages and injuries sustained in a January, 2012 car accident.
The accident occurred in northbound interstate 95 at about 6:20 a.m on Wednesday, January 25, 2012. Traffic had been moving but slowed to a stop just inside of the Fairfax County - Prince William County border. All cars came to a safe stop before a car being driven by a 32 year old woman crashed into the man's car at about 55 miles per hour.
The injured driver was transported to Inova Fairfax Hospital where a large facial laceration, shoulder and knee pain, and several other injuries were diagnosed.
He was released that day to follow up with his primary care provider the next week.
His shoulder pain persisted and he was eventually seen by Fredericksburg orthopedic surgeon Michael O'Brien, M.D. at his Park Hill Drive, Fredericksburg, address.
Dr. Obrien recomended a short course of physical therapy regarding the shoulder in an effort to, as he testified at trial, "see if the body would heal itself." When he patient failed to improve significantly, an MRI was ordered. The MRI showed a large tear of the rotator cuff of the right shoulder and surgery was recommended.
The patient worked as a PBX installer. This job required him to be able to lift and transport 40-60 pound boxes. Because of his shoulder injury he was unable to work for six months following the accident. Dr. O'Brien testified that missing this time off from work was appropriate in order to allow the shoulder to hear following the surgery.
Also, before and after the surgery the patient received excellent care from Coach Physical Therapy in Dumfries.
The injured driver had about $42,000 in medical bills and lost about $60,000 in earnings. He worked as a PBX installer and was required to lift 40-60 pound boxes in his job. He was out of work about six months. At trial Dr. O'Brien reported that his patient had a 3% permanent disability arising from the accident.
The jury's verdict of $311,000 was almost $100,000 more than the insurance company had offered to settle the case. The jury deliberated about 30 minutes before returning its verdict.
The driver was represented by
BenGlassLaw has a Dumfries, Virginia satellite office at:
17932 S. Fraley Blvd Suite 400-F
Dumfries, VA 22026
Phone: (540) 300-6880