Plaintiff, a 78-year-old mother of two, was driving in Northern Virginia when the defendant, an 18-year-old, was leaving a local shopping center. Unfortunately, the defendant misjudged the distance of Plaintiff’s vehicle when she exited the center, entered the Plaintiff’s Lane of travel, and caused their cars to crash at a high rate of speed. While the defendant was not charged, she admitted to law enforcement that she caused the crash.
As a result of the impact, Plaintiff suffered multiple injuries to include whiplash and a chest wall contusion. However, her most significant injury was a large, jagged wound to her lower left leg. To treat the wound, Plaintiff went through approximately 4 months of wound care to include multiple, painful debridement procedures. She also endured approximately 6 months of physical therapy.
While fortunately, Plaintiff’s wound did not require a skin graft, it did leave a large permanent scar. She also finds the area of the wound numb and uncomfortable. She will also be required to wear compression stockings and elevate her leg to prevent swelling for the foreseeable future.
Cost incurred from the Accident.
Plaintiff incurred $61,077.41 in medical bills.
Settlement or Verdict.
The case settled for $390,000.
What’s unique about this case?
This case was settled without filing a lawsuit. While we felt a jury could award more than what was offered, the Plaintiff had no desire to wait the year or so it would take to get a trial date, she didn’t want to spend money that would be required for litigation (depositions, expert witnesses, etc.). But more importantly, she just wanted to move on with her life.
In making this decision, the Plaintiff highlights something important. There are more variables to consider than simply number offered for settlement. Litigation is not a fun process and it costs a lot both financially and emotionally.
Ultimately, the decision to settle any particular case is up to the client. So, if it’s your case, you are the one calling the shots. And you will have to determine what’s best for you. Of course, if you’re a client of Abrenio Law, we hope you take our advice to heart. But what exactly you should settle for is going to be your decision.
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