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911 Tapes Lead to Witness to Injuries to Teacher's Aide - $2,982,000 Settlement

Breit Cantor Grana Buckner

The plaintiff, a 53-year-old teacher’s aide, suffered multiple serious injuries in a motor vehicle collision, including a traumatic brain injury, pelvic and acetabulum fractures, and a recurrent traumatic diaphragmatic hernia. The plaintiff remained in Fairfax Hospital for several weeks following the crash.

After her return home from the hospital, the plaintiff had several setbacks that interrupted her recovery, including a pulmonary embolus. She had to use a wheelchair, followed by a walker, in order to get around, and she suffered cognitive and emotional problems that did improve over time, but nonetheless remained quite debilitating. Plaintiff’s counsel obtained day-in-the-life videotapes of the plaintiff at several stages of her recovery, which depicted her painstakingly slow recovery from her injuries.

In the investigation of the crash, plaintiff’s counsel obtained the 911 tapes. From these tapes, an eyewitness to the crash was discovered. The eyewitness’ statements indicated the defendant ran a red light at a high rate of speed immediately before crashing into the plaintiff’s vehicle.

The case settled for the available policy limits of $2,982,000.

Type of Action: Motor vehicle collision

Injuries Alleged: Traumatic brain injury and orthopedic injuries

Name of Case: Confidential

Court: Fairfax County Circuit Court

Verdict or Settlement: Settlement Amount: $2,982,000

Special Damages: $740,598 in medical expenses; $510,783 in past and future wage loss Plaintiff’s Experts: Neurologist; behavioral psychologist; orthopedic surgeon; life care planner; vocational rehabilitation counselor



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