Virginia Accident and Injury Settlements, Verdicts and Cases

What this Virginia Injury and Accident list is "all about"

The results published on this page are examples of cases in Virginia. This list is obviously not exhaustive. The results published here by Virginia personal injury attorney Ben Glass are compiled from various sources. The Virginia State Bar requires that I tell you that this list is intended to be interesting but it is not intended to represent what may be recovered in any given case. (But you already knew that anyway!) Each case is different but the more informed you are the better off you will be--always.

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$1,000,000 in Delayed Diagnosis of Rectal Cancer Case for Client of BenGlassLaw

A Fairfax County jury has awarded a client of BenGlassLaw $1,000,000 in a case allegeding a misdiagnosis of rectal cancer. In the trial the defendant, an internal medicine physician, testified that he would not refer a patient to a gastroenterologist unless the patient had 'persistent rectal bleeding and complained repeatedly about the bleeding."

The doctor's diagnosis was hemorrhoids. The plaintiff's evidence was that the standard of care required a much higher degree of vigilance in dealing with rectal bleeding and that appropriate diagnosis would have lead to a simple procedure that would have removed a pre-cancerous lesion before it became cancer.

As a result of the defendant's malpractice the patient underwent radiation and chemotherapy, two major operations, and was rendered impotent.

Portsmouth, Virginia Car Accident Case Settled for $225,000

A Portsmouth, Virginia low speed car accident case was settled for $225,000.00.  The unlucky accident victim had undergone back surgery a month prior to the accident for a long-standing history of severe chronic back problems.  In fact he had undergone five previous back surgeries.  At the time of the accident he was receiving full disability benefits.  The accident caused one of the screws holding the back fusion together to crack and further surgery was necessary.  Portsmouth attorney Derrick Walker, represented the accident victim in that case.

Death of Child in Truck Settled For $450,000

According to published reports Richmond attorney John Shea has settled a very sad wrongful death case involving an 11 month old.  Apparently the child was asleep in the sleeper portion of the tractor trailer that her father was driving.  The vehicle left the roadway and overturned onto its side, killing her.  Her mother and two of her siblings were also injured in the crash.

 These cases are extraordinarily difficult because the claim ultimately is against the father of the child.  John Shea did a terrific job in settling the case for $450,000.00. 

$500,000 Trip and Fall Verdict Against Wal-Mart

Congratulations to attorney Brian Brake of Harrisonburg, Virginia for his recent verdict against Wal-Mart. According to published reports, Wal-Mart had an inflatable beer can in the entrance area to one of its stores. The beer can was plugged in but they ran the dark plug over a dark rug and their customer suffered very severe injuries when she fell. Another customer apparently was just behind this customer and said that the cord blended in with the rug.

Virginia Beach Woman Awarded $194K Following Car Crash

A 32-year-old Virginia Beach mother of two who was broadsided by a car traveling at 40 MPH and suffered wrist, neck, and back pain, was awarded $194K in a jury trial.  After the crash, the plaintiff consulted with a chiropractor, neurosurgeon, and physiatrist who determined that she was a member the very small minority of people who are unable to fully recover from myofascial pain.  5% of the population will carry those neck and shoulder pain with them for the rest of their lives.

The seven person jury, six of whom had stated in voir dire that they believed too many frivolous personal injury lawsuits are filed in America, returned the full amount of damages requested by plaintiff’s lawyers in closing arguments.

GEICO Slammed in Underinsured Motorist Case

A 47 year old man was rear-ended by a driver carrying $50,000 in insurance coverage.  The plaintiff had an insurance policy through GEICO with a policy limit of $300,000 and a separate policy through USAA with an underinsured limit of $100,000.  As a result of the accident, the driver suffered lower back injury that aggravated his preexisting spondylolisthesis and forced him to endure a laminectomy and fusion.

GEICO had offered only $15,000 during the court-ordered settlement conference, but had increased their offer to $50,000 before trial.  The jury returned a verdict of $400,000.

$226,000 Verdict for 12 Year Old Girl Permanently Scarred in Auto Accident

The defendant in this case crossed a double solid yellow line, attempting to pass the car in front of him.  He stayed in the wrong lane for at least 15 seconds as he approached a blind hill.  The result of his negligence was a head-on collision with an oncoming car.  This collision permanently scarred the plaintiff, a 12 year old girl, who was riding in the back seat.

Plaintiff’s main injury is a 10 cm laceration along her forehead and left eye.  She also suffered from blurred vision for a number of weeks, but the visual problems have since resolved.  The scar has faded over the last two years, but is still visible.  The jury deliberated for 45 minutes before returning the quarter million dollar verdict.

I-95 Motorist Hit While Changing Tire Settles for $450K

Plaintiff was changing a flat tire on his company’s van on the shoulder of I-95 in Chesterfield County when he was struck by a tractor trailer that had strayed from the travel lanes.  Plaintiff suffered a broken leg and wrist and remains permanently disabled in his right upper extremity.

Gym Equipment Malfunctions; Woman Settles for $80,000

A woman working out at her apartment complex had her left index finger crushed by a set of weights on a bench press machine.  The force of the weights was enough to sever her fingertip and no re-attachment was possible.

Driver Struck by Oversized Load Settles for $1.5M

A man driving on I-81 was clipped from behind by a wide-loaded tractor trailer.  The big rig’s load hung over each side of the truck’s bed by 2 feet 4 inches.  When the load struck plaintiff’s car, it sent him for several 360 spins before hurling his car into the air and over a guardrail.  The car finally came to rest in a drainage ditch some 30 feet below the side of the road.

Plaintiff suffered severe scalping injuries to his head, eyes, and ears, as well as a 5-6 cm skull fracture that depressed into his brain.  He also suffered multiple soft-tissue injuries to his neck and back, spending six months out of work to recover.

Cyclist Settles for $1.5M

A 51 year old bike rider in Norfolk, Va. who was hit by one car and run over by another has settled for $1.5M.  Plaintiff attempted to veer out of the path of a sports car, but was not quick enough.  She was thrown from her bike and run over by a pickup truck, which was following behind the sports car.

She suffered a fractured right arm, dislocated left elbow, and facial fractures under each eye.

Negligent Forklift Driving Results in $500K Settlement

Plaintiff was picking up a load from defendant’s warehouse when a defendant’s employee backed a forklift out of a truck and ran over the plaintiff’s foot.

Plaintiff suffered multiple leg fractures and underwent a pair of surgeries to repair the damage to his right tibia

Virginia Beach Visitors Settle with Driver

A couple visiting Virginia Beach was struck while crossing Atlantic Avenue in the crosswalk.  After crossing the first two lanes successfully, the couple was hit by the defendant’s vehicle and suffered right tibia and fibula fractures.

The driver had a BAC of 0.09 at the time of the collision.  This case settled two days before trial for a total payment of $545,000.

Henry County Jury Awards Mother $2.5M After Collision With Trooper

A 35 year old mother of two was awarded $2.5M after a collision with a Virginia State Trooper coming through an intersection at 94 mph. The trooper, responding to a call he mistook for an emergency call, flew through the intersection without his emergency lights on. Experts testified that at 94 mph, he would have had about 400 feet of sight vision, but would have needed at least 600 feet to stop in time. The jury verdict included $165,000 in medical damages and $262,000 in lost wages.

$800K Settlement For Truck Driver

A Virginia truck driver recovered $800,000 in a settlement with another tractor trailer driver for a December 2003 accident. The defendant was operating an unloaded flatbed logging truck on Rt. 13 in Accomack County when he attempted to turn left and blocked both lanes of traffic. The plaintiff did not see the stopped truck until he was 30-40 feet away, due to poorly maintained reflective tape on the back of the defendant’s truck. Plaintiff sustained serious back injuries as a result of the crash and was unable to continue working as a truck driver.

$600K Mediation Settlement

Plaintiff was traveling southbound on Route 601 in Campbell County when the truck in front of him swerved into oncoming traffic. This swerve caused a northbound vehicle to lose control and strike the Plaintiff’s car. Plaintiff claimed $49,000 in medical bills and $35,000 in lost wages. The case was settled in mediation for $600,000.

$500,000 Settlement for Broken Leg and Posttraumatic Stress Disorder

In this Powattan, Virginia accident the plaintiff was struck by a pickup truck that pulled from a stop sign. The defendant admitted that he did not see the plaintiff's car and was charged with failure to yield the right of way. The plaintiff had surgery for fractures of her leg and had two subsequent surgeries to remove hardware. Her medical bills totaled approximately $100,000. The settlement reflects the total amount of car insurance available.

Fairfax County Jury Awards $200,000 to Airline Attendant

This 39-year-old female had never had any prior injuries or accidents. She was struck from behind and treated for six months before being discharged even though she was still experiencing pain. She was restricted from work for three months. Her medical bills were approximately $15,000.

$8.35 Million Mediation Settlement

A 4-year-old child was severely injured in a car accident in Norfolk, Virginia. The child was in a coma for 14 days. Unfortunately, she suffered multiple brain and internal injuries. Her medical bills exceeded $230,000.

$350,000 settlement after Arbitration Hearing

The plaintiff’s vehicle was rear ended by a dump truck in Norfolk. She suffered injuries to her neck that prevented her from working as a dump truck driver. An MRI showed a disc herniation at L4 – L5 and a disc bulge at L5 – S1.

The parties arbitrated the case but after the arbitration hearing and before the arbitrator’s award the parties settled the case, according to published reports. Prior to the arbitration the highest offer was $100,000.00. The claimant had incurred about $25,000.00 in past medical expenses and $63,000.00 in past earnings loss. The case settled for $350,000.00.

$12 million verdict for slip and fall outside store

A Williamsburg, Virginia slip-and-fall case has been settled for $6 million following a $12.2 million verdict in Hampton, Virginia Circuit Court. On the date of the fall outside of a Miller Mart Convenience Store in Williamsburg, the plaintiff was released from Williamsburg Community Hospital after getting stitches in her chin. Apparently there was no complaint of a head injury at the hospital.

Over the next several months however she developed symptoms of a mild traumatic brain injury and ultimately was not able to operate her beauty salon in Williamsburg. At trial her attorneys (Hampton attorney Stephen M. Smith) and Edward E. Scher of Richmond proved that as a result of the injury the plaintiff suffered from short-term memory loss, fatigue, stress, dizziness and balance problems.

While the jury was deliberating the parties reached an agreement under which the plaintiff would receive at least $1.5 million and any recovery would be capped at $6 million. Thus following the verdict the case was settled.

SETTLEMENT FOR 400-POUND ACCIDENT VICTIM

In this case the plaintiff incurred over $85,000.00 of medical bills after being struck by a tractor trailer that had drifted into her lane. Because of her weight however the plaintiff was unable to wear a seatbelt and was thrown partially into the backseat of the vehicle. She could not be removed from her car until the rescue crew cut the vehicle off from around her.

Her hospital stay was extended because the usual diagnostic tests could not be run to determine the nature and extent of her injuries. She had been scheduled for gastric bypass surgery prior to the collision. The driver of the tractor trailer alleged that the majority of her medical problems were related to her weight and argued that many of her symptoms cleared wit her significant weight loss after gastric bypass surgery.

Her injuries included facial damages and a herniated disc. The case settled for $350,000.00

Schoolteacher settles truck accident collision for $1,000,000.00.

In this Albemarle County Circuit Court case a 49 year old schoolteacher was hit head on by a large truck on his way to work. He had numerous serious injuries and had to be hospitalized for three months. His injuries included a transected aorta, herniated stomach, left hip joint fracture and fractures of his tibia and fibula. His medical bills were almost $500,000.00.

The case settled for $1,000,000.00 which was the total amount of insurance available.

Comment from Virginia Personal Injury Attorney Ben Glass: This case demonstrates that in the event of a catastrophic injury, even $1,000,000 of insurance isn't enough. Please order my book, The Ultimate Guide to Buying Car Insurance in Virginia. It's an excellent guide to what questions to ask your insurance agent.

Drunk driving case settled

The victim of a drunk driver has settled her Virginia Beach automobile accident case for $90,000.00. She alleged that the defendant had a blood alcohol content of 0.11 percent at the time of the accident and was hypoglycemic. She alleged that the defendant drank four beers on the day of the accident knowing that he had not had breakfast day, nor significant food in the days immediately prior to the accident.

The plaintiff had neck and back injuries and approximately $17,000.00 in medical bills. Her case settled just before trial for $90,000.00.

Settlement Against Dulles Airport Security Company

A woman who alleged that she was assaulted by a uniformed employee of a company that formerly provided security services at Dulles International Airport has settled her claim for $50,000. According to published reports, the woman had missed her evening flight and the security guard was helping to find her a place to rest. He led her back to the security office where she laid down and fell asleep. Later she was awakened by the defendant who, she claimed, was rubbing his body against her and touching her in an inappropriate manner. The individual defendant was charged, pled guilty and convicted of sexual assault and battery in the Loudoun County Jail District Court. The case settled for $50,000.00.

Chesapeake, Virginia Surgeon Wins $500,000

Plaintiff was a 52 year old Ob/Gyn surgeon who was injured in an automobile accident in Chesapeake, Virginia. She was treated for two years for various ailments and underwent several rounds of physical therapy, chiropractic care, pain management and acupuncture. She claimed a loss of future earning capacity. The defendants disputed the losses; however, an independent medical examination requested by the defendant apparently supported the plaintiff’s case. The Chesapeake Circuit Court jury returned a verdict of $500,000.00.

$245,000 Settlement for Injured Toll Booth Collector

A toll collector employed by the Richmond Metropolitan Authority has settled his lawsuit against a truck driver who handed the plaintiff a $20.00 bill at the toll both and then quickly accelerated his large flatbed wrecker truck from the toll area. The plaintiff alleged that when the truck driver did so the truck caught the retracting drawer and ripped it away from the toll booth, injuring the plaintiff's hand. He later required partial amputation of two fingers. His total medical bills were in excess of $53,000.00 and his case settled for $245,000.00. Settlement reached after passenger killed when drunk driver went off the road. This Botetourt County Circuit Court personal injury case was settled for $675,000.00. Both the driver and the passenger were killed in this single car accident in Franklin County Virginia. Toxicology reports showed that both the driver and the passenger were intoxicated at the time of the accident. Since both died it was impossible to show that the passenger knew that the driver's ability to drive was impaired. The bulk of the settlement proceeds were used to purchase an annuity for the benefit o the passenger's sole beneficiary, his minor son.

$350,000.00 SETTLEMENT FOR DEATH OF 86 YEAR OLD IN CAR ACCIDENT

This LoudonCounty Circuit Court settlement was achieved by attorneys J. Gregory Webb and Gary W. Kendall. The case involved the death of a passenger of a car whose driver drove into an intersection and directly into the path of an oncoming vehicle.

$930,000.00 SETTLEMENT WITH TOW TRUCK COMPANY

A Fairfax County car accident case has settled for a total of $930,000.00. According to published reports there was no dispute that the defendant’s tow truck ran a red light and broadsided the van in which the victims were passengers. One of the victims suffered multiple spinal fractures and underwent surgery for internal injuries. The other victim suffered a traumatic brain injury with a subdural hematoma.

The medical bills totaled approximately $200,000.00. The case was settled in October. Matt O’Harron and John Turbitt were the attorneys on the case.

$200,000 defamation verdict for statements made to a government security clearance investigator.

According to published reports, a Fairfax County jury has awarded a total of $200,000 against a company whose employee told a government security clearance investigator that the plaintiff had “conflicts with her co-workers” and had left the company for a job with more flexible work hours.

The evidence at trial was that the plaintiff had an unblemished work record and had in fact left for a higher paying job. Apparently at trial the company defended by saying that the statement was never made, and that even if it was made, it caused the plaintiff no harm. The Fairfax County Circuit Court jury disagreed, awarding $150,000.00 in punitive damages and $50,000.00 in compensatory damages.

The case was handled by attorney Benjamin J. Trichilo.

Chesterfield, Virginia, foot injury case settled for $1,082,500.00.

The 35 year old male plaintiff suffered a fractured tibia and crushed foot, requiring five surgical procedures. Unfortunately, he also contracted osteomylitis (bone infection) and then a loss of hearing as a result of the heavy IV antibiotics used to treat the bone infection.

His femur was repaired by insertion of a rod from his hip to his knee at the Medical College of Virginia. He still faces a high risk of amputation of his foot. The medical bills totaled about $310,000.00. The case was settled in mediation.

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$5.6 Million Verdict in Bus Accident

A 28 year Army sargeant was rear ended by a bus in southern Virginia. Her injuries included: broken neck; shattered scapula; broken nose; laceration of her lip/chin and mild traumatic brain injury.

The bus company agreed it was liable but disputed the extent of the damages. The medical bills alone exceeded $200,000. A Norfolk, VA Circuit Court jury made the award, which was upheld by the judge.

$400,000 verdict for rear end collision

A Norfolk judge awarded $400,000.00 in a case where the plaintiff had offered to settle the claim for $200,000.00. The highest offer from the insurance company had been $150,000.00. The insurance company admitted that its driver was at fault but denied that the victim would need surgery. The victim’s neurosurgeon testified and said that she would need surgery costing $60,000.00. The insurance company hired an “independent expert” to render an opinion that she would not need the surgery. The plaintiff was 40 years old, married and the mother of two children. The injury was a subluxation in the neck at the C4 C5 level.

$275,000 Verdict for Torn ACL in Knee

A Henrico County Circuit Court Jury has returned a large verdict for a knee injury. The most the insurance company offered was $10,000, after there was no complaint of knee pain at the scene of the accident. The defense's biggest error was probably in using a very highly paid, well-worn "expert witness" to try to discount the plaintiff's claims.

$448,000 Verdict in Chesterfield County

The claimant was a 34 year old mother of two who suffered a brain injury, including amnesia, following an accident. Allstate insurance company tried to attribute all of the plaintiff's injuries to a prior personalisty disorder. Allstate offered $12,000 to settle the claim. The jury deliberated for two hours before returning a verdict of $448,275 in this personal injury case.

$85,000 Verdict for Dog Attack

The mailman was attacked, but not bitten by a dog. In trying to get away, however, he injured his low back. He incurred about $10,600 in medical bills. A Hampton, Virginia jury awarded $85,000.

$8 Million Verdict in Car-Truck Accident

A Fairfax County jury awarded $8,000,000 for the wrongful death of a teen-ager who was killed by a truck driver who had fallen asleep at the wheel. This tragic case reflected the jury's consideration of the full impact of the death of a stellar young man who had attended Oakton High School.

$800,000 Truck Accident Settlement

Following a head on collission, the accident victim suffered multiple fractures to his right lower leg, right knee and ribs. He required several surgeries and his doctors were prepared to testify that he sustained 40 percent permanent partial impairment of his right lower leg. He also will need future surgery to remove hardwared. The case occured in Culpeper County and was mediated to settlement. Think most lawyer ads are silly? You Can Order Our Controversial New Book: The Truth About Lawyer Advertising at www.TheTruthAboutLawyerAdvertising.com

$100,000 Alleghany County Verdict

In this car accident case plaintiff's injuries consisted mainly of soft tissue neck and back injuries. The defense contended that all of her injuries resolved after one year and that any pain she had now was from a preexisting condition. The accident victims argument was that while she did have preexisting changes in her spine, none of it caused her any pain before the accident. The jury returned the verdict for $100,000.

Death of 16 Year Old In Car Driven by 17 Year Old, $625,000 Settlement

The victim was a passenger in the car. The car left the road while driving over 100 mph. During settlement negotiations the defendant tried to blame the victim by saying that it was his fault for not getting out of the car earlier after some other stupid driving by the defendant. The case was mediated for $625,000.

Spine Injury Case Settled Even Though Plaintiff had Prexisting Fracture

At the time of the accident the victim has a pre-existing but non-painful compression fracture of one of his lumbar spine. The defense contended that he suffered no more than a sprain in the accident. The case settled for $250,000.

$225,000 Verdict for Slip and Fall

A Fairfax County jury has awarded $225,000 in a case where the plaintiff alleged he was injured after the defendant mopped the floors but failed to put up any warning signs. The defense contended the plaintiff was partially at fault.

The medical bills were $30,000 and the highest offer was $30,000.

This case demonstrates that in Virginia, insurance companies will continue to take every case to trial, betting on a conservative jury. The lost this bet.

Bus accident results in $3.5 million award

A Reston, Virginia, bus accident that killed a woman in January 2002 has resulted in a $3.5 million verdict for her family. The 52-year-old woman was employed part-time as a clerical worker earning $8.00 an hour. A previous verdict of $2 million had been overturned by the Court after the bus company contended that certain evidence should not have been admitted. The case was tried for a second time in the Circuit Court of Fairfax County and the jury deliberated about an hour and fifteen minutes before returning its verdict.

Supreme Court upholds food poisoning verdict

A verdict against a Golden Corral restaurant for more than $110,000 was upheld by the Supreme Court of Virginia.

The customer testified that she ate lunch at the restaurant and ordered beef tips cooked “well done.” After eating some portion of the meal, she complained that the meat “smelled bad.” The manager purportedly told her, “The meat is bad … I just told the guy five minutes ago not to cut that piece of meat up in the back, it’s no good.” She became acutely ill and was hospitalized for four days. Her physician testified that the reason she got ill was because of food poisoning.

The Supreme Court of Virginia affirmed the jury’s verdict, finding that there is an implied warranty of wholesomeness for food sold in a restaurant and that the plaintiff need not prove to an absolute scientific certainty that the bacteria which made her ill was the bacteria from this meat. Her physician’s testimony, coupled with her own testimony and the fact that this was the only meal that she had eaten in 36 hours, was more than enough to support the jury’s finding.

Jury Awards $2.5 million for Crushed Foot

A federal court jury in Richmond, Virginia awarded a female trucker $2.5 million after her foot was crushed in a tractor-trailor wheel. Her injuries included fractured bones, soft tissue damage, open wound, infection and loss of skin.

Fairfax Jury Awards $290,000 in Auto Case

Automobile accident case resulting in two level fusion in the neck. Past and future medical bills were $67,000. According to the treating physician the plaintiff suffered a 28% permanent impairment.

Virginia Personal Injury Attorney Ben Glass