Car Crash – $604,219 | Allen and Allen

Car Crash – $604,219

THE VIRGINIA STATE BAR RULES OF PROFESSIONAL CONDUCT REQUIRE ALL ATTORNEYS TO MAKE THE FOLLOWING STATEMENT AND DISCLAIMER TO THEIR CASE RESULTS.

SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE ALLEN LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

Location: Chesterfield
Verdict: $500,000 plus interest from the date of the crash ($104,219.18)

Allen & Allen attorneys Jason W. Konvicka and Scott D. Fitzgerald represented the plaintiff, a 17-year-old high school senior. The plaintiff was traveling eastbound on a two-lane road when the defendant crossed the double yellow line and crashed into her car head-on.  The defense admitted liability before trial.

The plaintiff sustained two fractures in her dominant, right wrist. Surgery was performed and a plate and screws were used to reduce the fracture.

The plaintiff reported pain to her doctor in the summer following the accident.  When he saw her over winter break of her freshman year in college, she reported no pain.  Eighteen months later, she returned to see him and reported intermittent pain when writing, typing, driving, and heavy lifting.  He sent her back for another round of physical therapy, but it did not help her any further.

There were no future medical expenses projected.  The doctor, who testified by video, opined that the hardware would remain in her wrist for the rest of her life.

In addition to the pain, the plaintiff also has a prominent three-inch scar on the inside of her wrist, which attracts attention and embarrasses her.   

Konvicka argued at trial that the jury should return a verdict for the amount sued for, $500,000, plus interest in consideration of a lifetime of dealing with intermittent pain, the scar, and the hardware in her dominant right wrist.

The jury returned 34 minutes later with a verdict of $500,000, including pre-judgment interest dating back to the crash.  The interest totals over $100,000.