Car Accident

Albemarle County, VA
Type Of Case:Car accident
Location:Albemarle County, VA
Injuries Sustained:Neck, right arm and shoulder pain
Suit Filed:Charlottesville General District Court
Verdict or Settlement:Settlement
Amount:1.5x the medical bills incurred
Key Takeaways:Often times it is a very difficult decision to settle a case or to risk going to trial and letting a judge or jury decide the outcome. A trial offers no guarantees that any recovery will be made and more often clients decide to take a settlement offer which at least guarantees that they will make a recovery. In some cases, it makes sense to take the risk, in others, a settlement is more practical.

Our client was involved in a collision that occurred on Richmond Road in Albemarle County. The other driver was making a right-hand turn and failed to yield right of way to our client and struck her vehicle. Our client began to experience neck and right arm and shoulder pain soon after the accident. She sought treatment with her family physician at Spring Creek Family Medicine. She was then referred her to the Pain Management Associates in Charlottesville where she was treated for cervical issues. She treated for approximately six months before she was released. Her pain was so significant that it negatively affected her collegiate studies, her employment and her social activities.   


Before we took over the handling of the case, the prior attorney attempted to settle with the insurance company. The insurance company was unwilling to offer a fair settlement. The other attorney was situated in Northern Virginia, but due to the location of the accident, the residency of the client, and the pending need to file a lawsuit, our office was contacted to take over the case.


In this case, we felt there was probable cause to file a lawsuit on our client’s behalf and worked to schedule a trial date. A lawsuit was filed in the Charlottesville General District Court against the other driver. Once the lawsuit was filed, the insurance company was more interested in offering a larger sum than what was offered to the prior attorney to resolve the case. We discussed the options with the client and she felt that the offer was good enough to settle rather than to risk something less at trial. We then resolved the case based on her wishes. We were able to recovery approximately one-and-a-half times the medical bills in the settlement. Our client had health insurance and all of her bills were paid.    


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