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Limits, comp lien complicated resolution of wreck case – $862,500 Settlement

Virginia Lawyers Weekly//January 24, 2019

Limits, comp lien complicated resolution of wreck case – $862,500 Settlement

Virginia Lawyers Weekly//January 24, 2019//

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Plaintiff, an on-duty truck driver, was struck head-on by a wrong-way speeding driver. Plaintiff suffered cervical injuries overlayed on pre-existing stenosis. Acute stress symptoms were present immediately at the scene. The PTSD and claimed TBI persisted. The combination of physical and psychological injuries prevented plaintiff’s return to work.

Limits of insurance and a large workers’ compensation lien posed challenges to resolution. Mediation was a two-step process with the workers’ comp carrier agreeing to close that case with a substantial reduction in the lien.

[18-T-164]

Type of action: Personal Injury – Truck Wreck

Injuries alleged: Neck fusion surgery, shoulder operation, and post-traumatic stress disorder

Name of case:

Court: Portsmouth Circuit Court

Name of judge or mediator: Hon. Charles E. Poston (Ret.)

Date resolved: Nov. 26, 2018

Special damages: $233,723.74 in medical bills

Verdict or settlement: Settlement

Amount: $862,500 plus reduced workers’ compensation lien

Attorneys for plaintiff: John M. Cooper and Griffin O’Hanlon, Norfolk; Judd Mendelson, Suffolk

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