Policy limits reduce recovery from head, shoulder injuries $289,217 Settlement

Published: September 27, 2010
By Virginia Lawyers Weekly

The plaintiff’s vehicle was broadsided when the defendant ran a stop sign. Negotiation with Erie took awhile, and asset check and possibilities of other recovery were thorough. [10-T-142]

Type of action: Personal injury
Injuries alleged: Wrist fracture, cheek bone fracture, eye socket fracture, shoulder separation and concussion
Name of case: Jennifer Saul v. Eric Hawkins
Special damages: $137,000 but vastly reduced by Medicaid; mostly emergency room costs
Verdict or Settlement: Settlement
Amount: $289,217.57 (There was a $300,000 Single Limits Policy, the rest went to property damage )
Date: July 27, 2010
Demand: Coverage, there was no UIM, or usable assets
Highest offer: $300,000 overall, eventually, including the property damage
Experts: Multiple ER doctors at Mary Washington Hospital; Dr. David Franz; Health South Rehab
Insurance carrier: Erie
Plaintiff’s attorney: Douglas A. Barry, Fredericksburg and Richmond

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Source: http://valawyersweekly.com/2010/09/27/policy-limits-reduce-recovery-from-head-shoulder-injuries-289217-settlement/