Client Injured in TWO Car Crashes Has Difficulties Proving Harms and Losses
Several clients at the Herndon law firm ABRAMS LANDAU are unlucky enough to have been in several different accidents, with the second crash occurring before the injuries from the first have completely healed. Fortunately, our team has experience helping those with 2, 3, 4 and even 5 different accidents!
Case Study: Car Crash #1
In one young woman’s case, her first car crash occurred while driving North on I-95, merging onto I-395. Without warning, the unsafe Defendant driver came from behind and slammed his 2004 Kia Spectra into the rear end of her vehicle.
Directly following the crash, police and EMS were called to the scene. Although not cited at the scene, the Defendant was directed by Virginia State Police to provide his auto insurance information, which was thereafter provided to the Plaintiff. At the crash scene, Plaintiff was examined by EMS; but as the Plaintiff was not afforded health insurance at the time of the crash, she denied — against medical advice — ambulance transport to the hospital.
As a result of the crash, the Plaintiff began to experience headaches which radiated from her occipital area down her neck, and posterior neck pain radiating to her upper back. The Plaintiff sought medical treatment on January 30, 2014 at INOVA Urgent Care, and was diagnosed as having suffered an acute cervical sprain as a result of the motor vehicle crash which had occurred the day before.
She continued to suffer headaches and neck pain and was additionally diagnosed with Cephalalgia, Cervical Spine Strain/Sprain, Thoracic Spine Strain/Sprain and Lumbar Spine Strain/Sprain coupled with vomitus episodes. These diagnoses were directly related the motor vehicle crash of January 29, 2014.
From January 29, 2014 through and including March 23, 2014, the Plaintiff incurred several thousands of dollars in medical damages. To the Defendant’s benefit, the Plaintiff was unemployed at the time of the motor vehicle crash and could therefore not claim lost wages, even though she was unable to continue a search for gainful employment given her medical condition during that time period.
Through negotiations with the Defendant driver’s auto insurance company, the case was settled prior to filing a lawsuit.
Car Crash #2
Her second car crash occurred in March of 2014, less than 2 months later!
As she waited for traffic to move forward at a traffic signal, another driver (the Defendant), without warning, came from behind and slammed her 2010 Toyota Corolla into the rear end of the Plaintiff’s car. Directly following the motor vehicle crash, the Plaintiff began to feel increased pain in her left trapezius area, left thoracic area, and left knee.
Police were called to the scene and the Defendant was charged with violation of Virginia Code Section 46.2-816, “Following Too Closely.”
The Defendant waived her right to a hearing before the Prince William General District Court and prepaid her citation.
With the ticket paid, the team at the Herndon law firm ABRAMS LANDAU was able to concentrate on the damages, as liability did not seem to be contested.
Again this unlucky woman incurred medical bills and other losses. Fortunately, the case was able to be settled prior to going to court or filing a lawsuit, although the second crash made both cases harder to resolve. A compromise settlement saved this client from having to go to court, undergo an insurance medical examination and a deposition by an insurance defense lawyer.
If you or someone you know has been injured in one or multiple car accidents, and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).