Newport News, VA (PRWEB) August 22, 2012
The Virginia Beach and Norfolk, Virginia based Cooper Hurley Law Firm has won a $5 million settlement for a client who was seriously injured in an accident involving a construction truck in Gloucester County, VA.
Just 15 months after the accident the 41-year-old woman from Hampton, Virginia, was awarded $5 million in a mediation settlement of the case pending in the Newport News Circuit Court.
She was represented by attorneys John Cooper and Jim Hurley of the Cooper Hurley Law Firm.
A settlement was reached on July 24, 2012 after mediation between the parties. The woman was awarded $5 million under the terms of the settlement.
The plaintiff was struck by a construction truck on a narrow, unmarked road in Gloucester, Virginia on April 15, 2011, according to the complaint. The impact of the crash was so severe, the car's engine was thrown onto the woman’s lap, Virginia Lawyers Weekly reported in an article on August 13, 2012, entitled "Crash survivor left with 58 percent whole-person impairment."
Both drivers suffered memory loss after the crash. However, an eye-witness in the vehicle traveling behind the plaintiff’s, confirmed that the truck entered her lane, a fact verified by physical evidence at the scene, Virginia Lawyers Weekly reported.
The woman's serious personal injuries were highlighted in the settlement. They included broken ribs, a lacerated liver and spleen, a hip fracture, a fractured pelvis, a fractured femur and fibula and post traumatic stress disorder with a mild traumatic brain injury, according to the settlement.
The accident left the victim seriously injured, the claim stated. She was left in constant pain and required daily medication. The accident meant she now relies on a walker and is only able to walk the distances within the confines of her home, Virginia Lawyers Weekly reported.
After investigating the truck driver's cell phone records the attorneys from the Cooper Hurley Law Firm were able to force the defendants to concede liability and admit that the driver, who was returning to his girlfriend's home at the time of the accident, was acting within the scope of his employment, an important fact in establishing liability against the employer company, according to the settlement, Virginia Lawyers Weekly reported.
The plaintiff’s attorneys also pointed out she suffered a mild traumatic brain injury, a claim that was hotly contested by the defense. She did not suffer a direct blow to her skull, nor was there clear evidence of loss of consciousness from the collision, although there was disorientation and retrograde amnesia, the settlement stated.
However, the doctors who treated her after the accident found clear signs of Post Traumatic Stress Disorder, according to Virginia Lawyers Weekly. The mild TBI was of secondary importance in the claim because of the severity of the woman's orthopedic injuries.
John Cooper and Jim Hurley conducted a focus group, which included neutral presentation of the facts to two different sets of jurors from the jurisdiction with videotaping of the deliberations.
The identity of the plaintiff and the defendant company are confidential under the terms of the settlement.
The settlement is just the latest in a series of high awards achieved for clients by the Cooper Hurley Law Firm. In a 2010 case, John Cooper achieved a $3.5 million verdict in a wrongful death case over a passenger in a car who was struck by a truck on the I-64 in Norfolk, Virginia. His client was trapped within the passenger vehicle and lost his life. This was the biggest reported auto settlement of that year in Virginia. Likely this $5 million dollar will be among the largest car / truck injury settlements in VA in 2012.
The Norfolk and Virginia Beach and Hampton, VA based personal injury law firm, Cooper Hurley, handles automobile, truck, and motorcycle injuries as well as wrongful death, railroad injury cases and medical malpractice. John Cooper and Jim Hurley have over 40 years of combined experience in handling auto injury accident claims. Attorney John Cooper has been named to Virginia “Super Lawyers” since 2010. Cooper Hurley represents people hurt in accidents in Norfolk, Virginia Beach, Portsmouth, Suffolk, Chesapeake, Hampton, Newport News and throughout VA, and always put the best interests of our clients first. The firm is recognized by other lawyers as “AV” by Martindale-Hubbell, a national attorney rating service, for our top level of legal skill and highest ethical standards. If you need help or advice about a serious injury, please call us at (757) 455 -0077 or contact us through this website.