Brandon Osterbind tried a personal injury case to a jury and received a $65,000.00 verdict for our client.
On March 23, 2012, the Defendant, a truck driver, had made a delivery to home depot in the Roanoke area and was on his way to make another delivery at the home depot in Lynchburg. He got off Route 460 onto Candlers Mountain Road. He changed lanes to get into the right hand lane. As he approached the traffic light at Mayflower Drive, the light was red. There were two cars stopped in the right hand lane at that light. The Defendant rear ended the second car.
The impact threw the car forward at least 8-10 feet. The backseat passenger was thrown from the back seat to the back floorboard. His phone, which was in his hand, ended up under the gas pedal. Our client’s purse was thrown into the front passenger floorboard and its contents strewn about the floor. And our client, who was driving, was wearing her seatbelt and she, too, was thrown forward.
After a rear-end wreck, our client started feeling back pain and neck pain. She sought treatment from the ER doctors the same day and was told to follow up with her primary care doctor at Medical Associates of Central Virginia the following week. Being a good patient, she did just that. Her primary care doctor gave her prescription medication and told her to follow up in two weeks if the pain was still present. She did that. Then her primary care doctor referred her to OrthoVirginia in Lynchburg for physical therapy, which she did for four months. When she was released, she was about 80% better and she was told to do home exercises to continue progressing.
A month later, our client returned to her primary care still complaining of pain. Her primary care told her to keep with her exercises and if the pain doesn’t go away, try more physical therapy or chiropractic treatment. She went to Palmer Chiropractic Center of Lynchburg and tried chiropractic treatment for 5 months, which helped reduce her pain. When she was released, she still had pain of 2/10 in her neck, 3/10 in her mid-back, and 3/10 in her low back. She returned for more chiropractic treatment in July after her pain started increasing again. By August, her chiropractor thought an orthopedic consult was warranted and made her an appointment at OrthoVirginia.
Our client treated with Dr. McCowen for several months. She received injections in her back and was given multiple medications to treat her back pain. The medications helped until September of 2015 when her low back pain started to get worse. Our client went back to Dr. McCowen and, after another MRI, was given another set of injections, which significantly helped her pain.
Our client incurred $22,792.22 in medical expenses.The jury awarded my client a full and fair verdict of $65,000.00 for her harms and losses caused by this wreck.
Here is the backstory:
Before trial, the insurance company only offered $9,985.00 as their last and final offer. We had made a demand and counsel for the parties agreed to a mediation. The mediation was a complete and utter failure and the insurance company only offered $8,500.00 at the mediation. We stopped negotiating at all at that point. After the mediation, we never made another demand to settle the case. The insurance company increased their offer by what we consider pennies a couple of times ending just shy of $10,000.00.
Well, as you know, we didn’t settle for $9,985 like the insurance company wanted us to. We kept going and our client trusted Brandon Osterbind to present her case to the jury in a way that would obtain a fair result for her.
If you have a personal injury case that you would like our attorneys to evaluate, send us a message here and we’d be happy to sit down and talk to you about your case free of charge with no obligations.
The Virginia State Bar requires that we give a disclaimer whenever we talk about case results. As we are sure you already know, the case result described above must be read in context with the unique facts of this particular case. Each case result depends upon a variety of factors unique to each case, which is why we describe those facts in detail. To be clear, this case result does not guarantee or predict a similar result in any future case undertaken by the lawyers at Osterbind Law, PLLC.