A pick-up truck driver ran a red light at the intersection of Independence Boulevard and Virginia Beach Boulevard in Virginia Beach. He hit a car driven by a 21-year-old man from the Eastern Shore of Virginia, who sustained a likely concussion that left him dazed at the accident scene.
The main chronic injury to the young man was a permanent traumatic brain injury that caused him to suffer almost constant headaches as well as cognitive impairments and anxiety. He also sustained knee, arm and neck injuries that healed. His family hired Cooper Hurley Injury Lawyers because of a referral from another attorney. The lawsuit was filed in Virginia Beach Circuit Court.
The accident dramatically impacted the young man’s career plans. It meant he was no longer able to pursue a planned career as a truck driver which he was just starting out on. Instead he is now working as a store clerk with a kind employer who accommodated his challenges. Our client had his earning capacity as a worker reduced by $10,000 to $20,000 a year, according to a vocational expert hired by Cooper Hurley Injury Lawyers.
The pick-up truck driver was forced by our lawyers to admit fault, though he tried to make excuses the scene. In a deposition, we established that he falsely claimed to police at the accident scene that brake failure caused the accident.
The nature and the extent of the young man’s head injuries played an important part in the attack made by the insurance companies defending the pick-up truck driver. Brain injuries are often permanent in nature and can require lifelong care. Doctors hired by the insurance company admitted our client had a concussion, but said it must have healed within six weeks of the accident. Hired guns for the defense claimed any ongoing symptoms were from malingering, exaggeration and faking. Experts hired by Cooper Hurley Injury Lawyers said the effects of the injuries were real, ongoing and would significantly impact our client’s future.
The family of the injured fellow, including his mother and step-father, as well as his employer, would have also been called to explain the permanent problems to the jury. The crux of a traumatic brain injury case is often the credibility of the claimant. We established that our client was a formerly happy and healthy guy who struggled to live a productive life, even to just hold down a job.
The lawyers at Cooper Hurley convinced the insurers to pay $815,000 during mediation. The case was settled about 45 days before it was due to go to trial. The client was pleased that we believed in him and glad to have a nest egg to fall back on if he needed it.