Facts of the Case
Mr. Landau’s client was a passenger in the rear of a taxi, heading to Union Station to catch a train back to New York City. The taxicab was lawfully stopped in traffic in the District of Columbia.
Without warning, the Defendant’s car smashed into the back of the cab. The Defendant driver did not even apply the brakes of her car prior to smashing into the taxicab. The cab’s windows imploded and the innocent Plaintiff was violently tossed about the interior of the cab. She was bleeding from her head and face, and when the cabbie came to and saw her for the first time after the crash, he threw up from the sight.
Officers from the District of Columbia Metropolitan Police Department and emergency medical personnel arrived at the scene. The Defendant was charged with “Disregarding a Red Light” & “Driving While Intoxicated.” The Defendant fled to France before the lawsuit was filed in the District of Columbia Superior Court, where Herndon Virginia lawyer Doug Landau has experience with jury trials and Mediation.
The passenger sat helplessly in the back seat as the drunk defendant plowed into the cab. The window imploded and 150 sutures had to be surgically placed in Mr. Landau’s client’s face. Because of her facial injury, she has undergone a series of surgical procedures for the scarring, and her injuries are permanent. She suffered Bodily injuries including, physical injuries to her head, face, and other parts of her body, physical pain and mental anguish, aggravation, inconvenience, emotional distress, and disruption of her life, taking her away from her work as a Church Social worker. She could have, but did not seek lost wages. The Permanent Scars on her face required corrective medical care.
While the defense did not contest: the plaintiff’s initial medical treatment; the Emergency Room; the first nose job; the first scar revision; the early plastic surgery, they certainly attacked all of her palliative treatments and spa visits thereafter.
The defense argued that the Plaintiff seems to have kept going to doctor upon doctor to psychiatrist to undo decades of the natural aging process and psychological baggage that had absolutely nothing to do with this event, this accident, this case. The defense maintained that this is a case where the only issue is fair compensation for the Plaintiff’s reasonable and necessary medical care and injuries. Fixing Plaintiff’s life’s pre-existing problems are not what this case is about. It is not about sympathy.
Expert medical testimony demonstrated that her medical care after was not reasonable, medically necessary, causally related to this accident, and over-priced.
The Defense stressed that the plaintiff has a duty to mitigate her damages. This is the law in every state. That means that she has a duty to keep them reasonable and not over treat.
Despite difficult facts as to the injuries and treatment, Mr. Landau was able to achieve a significant settlement, some of which was strucutred in an annuity in order to give his cleint long-term financial peace of mind. By have a structured settlement in this case, the client was able to supplement her income with a tax-free, guaranteed annuity that would enable her to plan for her long-term goals.