Teen involved in accident experienced ongoing pain – $60,000 Verdict

The 17-year-old plaintiff was involved in a motor vehicle collision in which she was a restrained driver on a two-lane road. A driver traveling in the opposite direction turned in front of her, causing a collision. Plaintiff’s head hit the windshield upon impact, with enough force to crack the glass.

Plaintiff was seen in the emergency room after the crash for severe headache, neck strain and back strain. After receiving conservative treatments form other health care providers, plaintiff continued to experience pain and began seeing a new neurologist. MRIs revealed bulging disks in plaintiff’s lower back. Plaintiff requires ongoing treatment, including chiropractic adjustment approximately once per month.

Defendant alleged that plaintiff’s headaches resulted from a pre-existing condition, and that she was back to normal within a week of the crash. Defendant called three of plaintiff’s initial doctors to support these contentions.

The jury awarded plaintiff damages of $60,000.

Type of action: Personal injury – auto accident
Injuries alleged: Cervical strain, lumbar strain, bulging disks
Court: Hampton Circuit Court
Tried before: Jury
Judge: Bonnie L. Jones
Date resolved: Oct. 28, 2014
Offer: $30,000
Verdict or settlement: Verdict
Amount: $60,000
Attorney for plaintiff: Wallace B. Wason Jr., Newport News
Plaintiff’s expert: Eric Goldberg, M.D., neurologist, Portsmouth
Defendant’s expert: Felix M. Kirven, M.D., orthopedic surgeon, Virginia Beach
Insurance carrier: State Farm