Automobile Accidents

$1.5 Million

Automobile Case in which our client was rear-ended on the Hampton Roads Bridge Tunnel and injured his neck. Our client had an operation on his neck and was a nuclear technician aboard an aircraft carrier. The medical expenses were extremely low because all of the medical treatment was performed by the U.S. Navy. $50,000 was offered before trial and the case was tried to a jury in Norfolk Circuit Court and we obtained a jury verdict of $1.5 Million for our client.

$880,000

Automobile–Our client was driving her personal vehicle when she was struck in the rear by a commercial truck. The truck driver and his insurance claimed that our client cut in front of the truck causing the accident and denied liability. No offer was made until the case was litigated and we were able to take the truck driver’s testimony under oath. The case settled in mediation with a pending jury trial date.

$700,000

Automobile–Our client was a minor who injured when she was passenger in a vehicle that lost control on the highway. The insurance carrier claimed that the road conditions caused the accident and that the host driver was not at fault.

$600,000

Automobile–Our client was a passenger in a vehicle in Williamsburg that struck a vehicle which was disabled on the side of the roadway. The disabled vehicle claimed that it was not at fault and denied responsibility. After litigation, the case settled in mediation for the amount requested by our firm.

$375,000

Automobile–Our client was a passenger in a vehicle in a bridge in Delaware when the vehicle was struck in the rear by a tractor trailer. The driver of the tractor trailer claimed that the vehicle in which our client was a passenger was overheating and created a smoke screen with no visibility and that the tractor trailer driver was not at fault. The case was litigated in Baltimore Maryland Federal Court and we were able to prove that the tractor trailer driver was at fault for the collision and the case settled at a settlement conference.

$425,000

Automobile–Our client was struck in the rear by another motor vehicle and there was not much visible damage to either vehicle. Our client sustained neck and back injuries which resulted in surgery. Our client had a 15 year prior history of significant neck and back pain and treatment and the insurance carriers took the position that our client’s medical condition and injuries were all pre-existing and not caused by the collision. After litigation, the case settled in mediation.

$400,000

Automobile–Our client was travelling on the Eastern Shore from New Jersey to Virginia Beach when he was struck by a vehicle that failed to yield his right of way. The case was referred to our office by his local lawyer in New Jersey. After litigation, the case settled for the amount requested.

$400,000

Automobile– Our client was a 17 year old who was a passenger in a friend’s car. One of the insurance policies involved in the case was a North Carolina automobile insurance policy and the insurance company maintained that it did not owe additional insurance coverage. After litigating the issues in the case, all of the insurance carriers paid the amount requested by our office.

$250,000

Automobile–Our client was stopped in his car that was disabled on the side of the road when he was struck and killed by a drunk driver. A lawsuit was filed against the drunk driver and the case settled for the full amount of all available insurance coverage.

$300,000

Automobile–Our client was in Nevada on a work trip when he was involved in a motor vehicle collision with another driver. Our client sustained injuries to his hand and our law firm was able to obtain an offer of all of the available insurance coverage.

$250,000

Automobile–Our client was a passenger in a vehicle that was struck by a drunk driver. Fortunately, our client fully recovered from his leg injuries. We filed suit against the drunk driver and the insurance carriers settled the case for our requested amount.

$142,000

Automobile–Our client was stuck by a vehicle being operated by a city employee. The police officer wrote the police report indicating that our client was at fault for the accident and the City denied liability. After filing a lawsuit and conducting discovery, the City settled the case for the full amount of the settlement demand.

$325,000

Automobile–Our client worked in a parking garage and was assisting a customer with a dead battery in the customer’s car and the customer ran over our client’s foot. The insurance carrier of the customer denied responsibility and a lawsuit was filed. The case settled after litigation.

$245,000

Automobile/Pedestrian–Our client was a college student who was crossing the street at night when he was struck by a vehicle. The driver of the vehicle claimed that our client darted in front of her vehicle, that our client was not in a marked crosswalk and that our client had on dark clothing. The police report indicated that the driver was not at fault and that our client was at fault. There were conflicting witnesses to the incident and our client maintained that he was in the crosswalk and that the driver of the vehicle was at fault. After filing a lawsuit and conducting discovery, the insurance carriers settled the case for the full amount requested by our law firm.

$390,000

Automobile–Our client was struck in the rear by another vehicle and there was no visible damage to her car. The insurance carrier paid the amount requested.

$275,000

Automobile–Our client was involved in a collision in North Carolina. The insurance carrier paid a settlement in the amount of our law firm’s demand.

$450,000

Automobile–Our client was injured in a motor vehicle collision and sustained injuries to his lower back. The insurance carrier claimed that our client’s injuries were pre-existing and denied responsibility. We filed a lawsuit on our client’s behalf and obtained a settlement for the amount we requested.

$225,000

Automobile–Our client was involved in a motor vehicle accident in York County, Virginia. Our firm filed a lawsuit on our client’s behalf and the insurance carrier settled the case immediately before trial.

$200,000

Automobile/Motorcycle–Our client was riding his motorcycle when he was struck by a motor vehicle. Our firm was able to settle the case for the full amount of all available insurance coverage.

$200,000

Automobile Accident–Our client was rearended with minimum property damage to her vehicle.

$235,000 and $185,000

Automobile–Our client was 84 years of age when he and his wife were struck by a drunk driver. Our client’s automobile insurance carrier refused to offer a fair settlement and we filed suit against the drunk driver and our client’s insurance carrier and the case settled after litigation for the amounts we requested. Our client’s wife’s case was settled after we prevailed on evidentiary hearings prior to trial.

$300,000

Automobile–Our client and his two children were struck by a drunk driver. Unfortunately, our client was killed in the collision. His two infant children survived. After litigation, we were able to resolve the case for the full amount of the insurance coverage. In this case, we obtained structured settlements for the infant children that greatly increased their recovery beyond the insurance coverage and provided for educational funds and living expenses once they reached the age of majority.

$180,000

Automobile. Our client was injured in a motor vehicle collision on the interstate. received injuries to her neck and low back. The defense to the position that our client was not injured to the extent that she claimed.

$385,000

Automobile. Our client was injured in a motor vehicle collision in which his girlfriend was driving and she was at fault for the accident. After litigation, we were able to resolve the case for our client.

$95,000

Automobile/Pedestrian Accident. Our client was struck by a drunk driver while crossing the street in downtown Norfolk. The insurance company was defending the case on the grounds that our client was contributorily negligent and that she lacked significant injuries. A lawsuit was filed against the drunk driver and the case settled prior to trial.

$100,000

Automobile/Pedestrian Accident. Our client was struck by a drunk driver while a pedestrian in the City of Richmond while attending VCU University. We filed a lawsuit in the City of Richmond and settled the case for the full amount of the liability coverage with additional participation from our client’s own underinsurance carrier.

$185,000

Automobile. Our client was struck in the rear by a local transit bus but there was minimal damage to the vehicles.

$250,000

Automobile. Our client was struck and injured by a drunk driver. The insurance carrier denied insurance coverage claiming that the defendant was not within the scope of his employment at the time of the accident. After litigation, we were able to obtain $250,000 from the employer’s insurance carrier.

$275,000

Automobile. Our client was involved in a motor vehicle collision and received injuries to her low back. The insurance company had surveillance film which showed her able to complete some tasks of daily activities. We were able to overcome the surveillance films and obtain $275,000 for our client.

$617,000

Automobile-wrongful death case. The other driver alleged that our client was on the wrong side of the roadway in a head on collision and there were not witnesses to the collision. Our client was not employed at the time of the accident and the insurance company attempted to attack her reputation in the community.

$425,000

Federal Tort Claim–Automobile– Neck Injuries. Our client was involved in an accident with a person in the military and the claim was required to be brought in Federal Court under the Federal Tort Claims Act. There was minor damage to the vehicles and the Government maintained that our client’s claim was barred under the Federal Employer’s Compensation Act. After defeating the Government’s defense that our client’s claim was barred, we successfully overcame the Government’s attack on our client’s injuries.

$160,000

Automobile Accident/Wrongful Death Case. Our client was killed in North Carolina by a drunk driver who crossed the center line. We assisted the victim’s family through the defendant’s criminal trial and settled the case for the maximum amount of the insurance coverage by stacking all available insurance policies.

$600,000

Automobile/Wrongful Death Case. Our elderly client was killed while making a left turn at traffic light. The case was defended on the grounds that our client failed to obey her traffic light and was contributorily negligent. After extensive discovery and litigation, the case was settled in mediation for $600,000.

$190,000

Automobile Accident. Our client was injured in Williamsburg, VA, in a car accident. We were associated by another attorney to handle the case and the case settled after a lawsuit was filed.

$150,000

Automobile Accident. Our client was driving his personal motor vehicle through a shopping center parking lot when he was struck by a bus. The bus company denied responsibility claiming that our client was at fault for the collision. We filed a lawsuit on behalf of our client and the case settled before trial for $150,000.

Confidential Award

Automobile/Bus Accident. Our client was struck by a bus after exiting the bus. She sustained injuries to her neck and back which resulted in a low back fusion and she will require future surgeries to her neck and back for her injuries. Our client is unable to work for the rest of her life as a result of her injuries. We resolved the case so that our client does not have to work and can afford her future medical treatment. The terms and amount of the settlement are confidential.

$200,000

Automobile Accident- Our client was struck by a driver while on his motorcycle and recovered the maximum amount of insurance coverage.

$100,000

Automobile Accident – Our client was struck in the rear by another vehicle with very little property damage. The insurance company hired an orthopedic surgeon to testify that our client was minimally injured and to dispute her injuries. Our client was offered $12,000 and the case was tried to verdict with a jury and we obtained a verdict of $100,000, which was the maximum limit of available insurance in the case.

$122, 500

Automobile Accident – Our client was struck by a drunk driver and had injuries to her neck and back. The extent of the client’s injuries were contested by the insurance carrier, suit was filed and the case favorably settled prior to trial.

$230,000

Our client was struck by a drunk driver and aggravated her pre-existing low back condition. After a lawsuit was filed and before trial, we were able to successfully settle the case in mediation for $230,000.00.

$85,000

Our client was struck by a commercial vehicle and had bodily injuries. The client’s actual medical treatment and did not reflect the proper value of the case. The insurance carrier’s initial offer was $45,000 and we achieved a settlement of $85,000 for our client.

$100,000

Our client was involved in a motor vehicle collision, and unfortunately, died of causes unrelated to the collision. The client’s untimely death created evidentiary issues with proving the extent of our client’s losses. We were able to settle the case for $100,000 despite evidentiary problems with the case since our client had died from unrelated causes.

Legal Malpractice

$150,000

Legal Malpractice–Our client was previously represented by another law firm for an out of state automobile accident that failed to file suit within the limitations period. The case was defended on technical legal grounds as well as on the client’s injuries. After filing suit and through mediation, the case was favorably settled.

Premises Cases

$275,000

Premises–Our client was at a retail store and fell on a walkway that had inadequate lighting and was unsafe. The store and its insurance carrier denied liability claiming that the area where our client fell was safe and that our client was contributorily negligent. Our firm hired experts to examine the area where our client fell who determined that the area was unsafe and did not comply with the building code. We filed a lawsuit on our client’s behalf and after litigation, the store’s insurance carrier settled the case for the amount we requested.

$155,000

Premises–Our client fell on ice on a stairway while exiting a restaurant and was injured. The restaurant and its insurance carrier claimed that our client was contributory negligent and was not entitled to any recovery. We were able to obtain and settlement for our client for the full amount that we requested.

$115,000

Premises/Slip and Fall. Our client was injured in her office building in Richmond, VA where she fell and broke her hip. We overcame difficult liability issues and were able to obtain a very favorable settlement for our client.

$95,000

Premises/Slip and Fall. Our client was injured when she was in the garden center of a local store. An employee allegedly pulled a hose causing our client to fall and sustain injuries. The store denied the incident and the case was settled through mediation while in litigation.

$125,000

Our client was participating in an aerobics class at a commercial gym when a mirror fell and struck our client. After suit was filed we were able to successfully settle the case for $125,000.00.

Personal Injury

$150,000

Hunting Accident Case–Our client was turkey hunting with a friend and his friend shot our client while our client was in the process of tracking a turkey. The hunting partner and his homeowner’s insurance carrier denied responsibility claiming that our client was at fault for the accident as he moved into an unsafe area and was using a turkey decoy. We filed a lawsuit against the hunting partner and after litigation, the case settled in a mediation.

$86,500

Allergic Reaction/Exposure to Lemon Scented Cleaning Solution. Our client is highly allergic to products that contain lemon scents. Despite being on notice of her specific problems, a cleaning company where our client worked utilized a cleaning solution that contained lemon based products resulting in a hospitalization and respiratory problems for our client. The case settled after a lawsuit was filed.

$100,000 Dog Bite

Our client, a minor, was bitten by a dog and sustained injuries. We settled the case for the maximum insurance coverage of $100,000.00 and obtained a structured settlement for our client that will preserve and maximize the recovery for our minor client.

Medical Malpractice

$1.225 Million

Medical Malpractice Case in which our client was operated on by a neurosurgeon for a low back problem and she had complications which resulted in the loss of her legs. The case was defended vigorously with experts that maintained that our client’s injuries were a risk of the procedure. The cap in this med mal case was $1.5 million and we obtained $1.225 Million for our client.

$500,000

Our client was injured as a result of being misdiagnosed by a radiologist who failed to determine that he had a brain tumor. The case was defended by the doctor that a correct diagnosis would not have changed our client’s outcome and that the statute of limitations had expired because the misdiagnoses was made well before the statute of limitation on our client’s claim expired. We obtained an award of $500,000 for our client.

Confidential

Our client was 3 years of age and treated at a hospital for a routine cardiac procedure. The hospital released our client too soon and he tragically died as a result of a condition that was not diagnosed or treated by the hospital or its employees. The hospital and the doctors denied responsibility and a lawsuit was filed. After exhaustive discovery, the case was settled confidentially at a mediation prior to trial.

Maritime Cases

$950,000

Our client was being towed on a boat by his father when his father towed him into a bridge causing serious injuries. The boat was not owned by the father. This case involved significant insurance issues. After litigation of a declaratory judgment action against one of the insurance carriers that denied coverage, along with a lawsuit against the boat operator and owner, our firm was able to obtain payment of the the liability coverages of the father’s homeowner’s insurance policy, the insurance policy for the boat that was being operated by the father, the insurance policy on the father’s personal boat and from an umbrella policy available to the owner of the boat.

$325,000

Our client was injured while working as a deck hand on the tugboat Buchanan 14. His injuries occurred when he was struck in the forehead by a pipe wrench that he was ordered by the Captain to use to take in slack on a winch that was located in the rear of the vessel. Our client sustained a comminuted and depressed outer-table frontal sinus fracture and a 5.5 cm full thickness laceration of the glabellar region of the forehead. He was operated on at Maryland where he had an open reduction/internal fixation of the left depressed frontal sinus and skull fracture and a complex closure of his forehead laceration. He spent several days in the hospital before returning to his home in Virginia Beach. A neuropsychologist diagnosed the our client with a mild traumatic brain injury. Our client had been released from medical care without any permanent work restrictions or impairment. The defendant contested liability claiming that the our client was properly instructed on the use of the winch and he was inattentive and contributorily negligent for his injuries. The defendant also contested our client’s diagnosis of mild traumatic brain injury.

$300,000

Our client was a longshoreman that had an injury to his hand while working on a container ship. The defense argued strongly that our client was contributorily negligent and not entitled to any recovery. Unfortunately, our client was a recovering drug addict with a lengthy criminal record. The defense attempted to discredit our client’s injuries and hold him accountable for them.

$325,000/$125,000

Our client was injured on a private boat and the insurance carrier for the boat and the operator of the boat denied insurance coverage, refused to provide a defense to the boat operator and refused to make a settlement offer. We obtained a judgment against the operator for $325,000 and successfully litigated and settle the insurance coverage case against the boat insurance for $125,000.00.

Product Liability

Confidential

Product Liability–Our client, a long distance truck driver, was in the sleeper compartment of his tractor trailer when his bed collapsed causing him to become entrapped in the bed and suffocate. Our firm investigated the case and determined that our client’s death was due to a defect in the design of the bed which was unreasonable dangerous. The distributor of the truck containing the bed did not accept responsibility for the dangerous product and we filed a lawsuit. After litigation, the case settled and the terms of the settlement are confidential.

Confidential Award

Product Liability. We represented numerous individuals that received a defective hip implant that was manufactured by Sulzer Orthopaedics. Sulzer initially denied liability and contended that there was no defect in their hip implant. A confidentiality order was executed in the case that prevents us from disclosing the terms of the award.

Confidential Award

Product Liability/Municipal Liability. Our client, a retired Navy Seal, was traveling in his personal truck from Florida to Virginia when suddenly and without warning, he suffered a tire tread separation in South Carolina. Unfortunately, he struck a concrete highway support and was killed instantly. The tire was manufactured by a leading tire manufacturer and our investigation revealed that the tire contained a defect that caused our client’s fatal injuries. The case was vigorously defended by the tire manufacturer and was successfully resolved prior to trial against the manufacturer. The South Carolina Department of Transportation was also pursued for a defect in the design of the highway and settled early in the litigation. The award and terms of the settlement with the tire manufacturer is confidential.

Disclaimer: The following accounts have either been published previously by various entities unrelated to Swartz, Taliaferro, Swartz & Goodove, P.C. or have been prepared by us for dissemination to visitors to our website. The results obtained in specific cases depend on a variety of factors unique to each case. The past results do not guarantee or predict a similar result in any future case undertaken by our firm. The result obtained under one set of circumstances cannot be a predictor of the result likely to be obtained in a case that necessarily involves different circumstances. You should draw no conclusions about your particular legal matter from reading these accounts.