High-low arbitration used to determine damages – $75,000 Arbitration Award

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On May 16, 2008, the plaintiff was in a residential neighborhood, traveling west on Fitzgerald Drive in Loudoun County. The defendant, who was traveling north on Hemingway Drive, ran the stop sign and crashed into the side of the plaintiff’s vehicle. The force of the impact was so strong that the plaintiff’s vehicle flipped over twice and landed upside down. A police officer arrived at the scene of the accident and charged the defendant with failure to stop.

The defendant accepted liability but contested the extent of the plaintiff’s damages.

The plaintiff sustained the following injuries: abrasions on her head, concussion, headaches, neck pain and difficulty concentrating. She was treated by a neurologist, a physical therapist and a chiropractor.

Her medical bills totaled $14,544.25. The case was arbitrated with a high/low agreement. The amount awarded to the plaintiff was $75,000.

[09-T-143]

Type of action: Car crash
Injuries alleged: Post-concussion syndrome, headaches, spasm of the trapezius muscles, C6-7 disc herniation
Name of case: Confidential
Court: Loudoun County Circuit Court
Tried before: Arbitration
Name of arbitrator: Tom Curcio
Special damages: $14,544.25 in medical bills
Verdict or Settlement: Arbitration award
Amount: $75,000
Insurance carrier: State Farm
Plaintiff’s expert: John Peters, MD
Plaintiff’s attorney: Barbara S. Williams, Leesburg