Landau Injury Law

The recent verdict from Montgomery County, Virginia underscores what Herndon lawyer Doug Landau has been emphasizing for years: that the amount of medical bills and lost wages are not subject to some formula to calculate settlement or likely verdict outcomes.

In the Blacksburg Virginia Triathlon case, a bicyclist crashed into a car when it ran the stop sign on the local college Campus. The triathlete smashed into the passenger’s side of the car, shattering the glass and knocking fragments onto the driver. The cyclist, racing in the second leg of the triathlon, was heard gasping for breath at the scene. The triathlete was rushed to the local hospital but died there shortly after the impact.

The driver suffered no physical injuries. Apparently, there were no cuts or bruises from the broken glass. The bike crash caused no outward, objective injuries. There was nothing that could be seen, felt or heard that was different about her body after the bike crash. However, the expert witnesses in the case testified that she suffers from post-traumatic stress disorder as a result of the fatal bike crash. The lawsuit was filed seeking damages for negligent infliction of emotional distress resulting from the bike crash that killed the triathlete and the glass that hit her. At trial, the plaintiff presented no evidence of special (itemized) damages other than the $2,300 cost of repairing her car after this triathlon bike crash. The driver, the counselor and the psychiatrist gave evidence as to her nightmares, insomnia, fatigue and an inability to focus as the result of the trauma of the fatal bicycle accident. The lawsuit was filed against the race sponsor and director, and not the deceased triathlete. The Circuit Court jury’s verdict was for $350,000 and post-trial motions to set aside the verdict are pending. For other triathlon, bike crash and sports injury cases, go to the Triathlon Trial Lawyer’s website at www.TheAthletesLawyer.com.

This entry was posted on Tuesday, February 19th, 2008 at 9:19 pm and is filed under Auto Accidents, Bicycle Accidents, Injured Athletes, Negligence Cases, Triathlon Trial Lawyer. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.