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Verdict: $39,769.21 plus interest from the date of the crash ($2,646.15)
Attorney Ryan E. Wind nearly tripled an insurance company’s offer in a bench trial for a car collision.
On December 8, 2017, the Plaintiff was rear-ended while stopped on Staples Mill Road. At the time of the collision, the Plaintiff was seventy years old. It was snowing, and the Defendant stated that she could not stop in time to avoid the collision. The damage to the Plaintiff’s car was moderate.
The Plaintiff was transported from the scene to Henrico Doctor’s Hospital, where she was evaluated and discharged with a neck sprain diagnosis. She followed up with her primary care physician at MCV, who referred her to physical therapy. The Plaintiff completed physical therapy on February 1, 2018 and continued to do her prescribed home exercises. She received treatment from her doctor until October of 2018. The Plaintiff’s medical bills totaled $13,769.21. The Plaintiff was retired at the time of the collision.
The case was scheduled to be tried by a jury, but the parties agreed to do a bench trial in Henrico Circuit Court. The Plaintiff and her husband of over fifty years testified at trial. The parties agreed to medical stipulations based on the records, so medical testimony was not needed.
The Plaintiff and her husband made a good impression and explained how the neck sprain and discomfort affected her. Prior to the collision the Plaintiff regularly exercised at Victory Lady Fitness, but had to stop for a couple of months following the collision.
The Defense counsel argued that the Plaintiff’s neck injury was resolved when she was discharged from physical therapy on February 1, 2018, and that the ongoing issues were the result of her age and her renewed gym activity. Wind argued that the Plaintiff did not have any prior problems with her neck and that her gym workouts before the collision had never bothered her neck; therefore, it was more likely related to the injury in the collision.
The insurance company made a top offer of $15,000.
The Judge heard all of the evidence and rendered his verdict: $39,769.21 plus pre-judgment interest for a year, bringing the total verdict to $42,415.36.