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$94,000 Personal Injury Settlement

4 Apr 2021

I recently settled a personal injury case for $94,000 for a personal injury victim who had been injured by a drunk driver in Campbell County, Virginia.

The Defendant was driving with a suspended license and his blood alcohol content (BAC) was .37 according to a certificate of analysis that was prepared by the Department of Forensic Science. He was ultimately convicted of DUI 2nd Offense in Ten Years, Drive Suspended 2nd Offense, and Leaving the Scene of a Collision.

The Defendant was driving south on Leesville Road when he ran a red light and made an illegal left hand turn onto Waterlick Road where the Plaintiff was second in line at the traffic light. My client’s light had already turned green and she had started to pull forward when the Defendant crossed the double yellow line and struck the first car, then struck my clients car all along the driver side of her vehicle. The Defendant left the scene of the wreck that he had caused and continued driving to his home.  He parked his car, got out, and went inside. Unbeknownst to the Defendant, a witness called 911 and followed him to his home. The police arrived and arrested the Defendant and performed a blood test to determine his BAC.

My client suffered serious injuries to her left side, her back, and she had significant cuts from the broken glass on her left shoulder and on her face. She had injuries to her left wrist that necessitated surgery, physical therapy, and multiple other treatments.

After a thorough search, we discovered that the Defendant was uninsured and did not have any assets to attach a judgment to. The Plaintiff’s auto insurance policy had $100,000 in uninsured motorist (UM) coverage and she was forced to make a claim against her own insurance company. While her medical expenses exceeded $40,000 and her case was probably worth in excess of $200,000, there was only $100,000 actually available through her UM coverage. After negotiations, the insurance company offered $94,000 and after weighing the options, including trying the case, the client decided to accept the offer and save the hassle, delay, and expense of a trial.

This is what we refer to as a policy limits case—that is, the case is worth more than the policy limits.  The Plaintiff’s auto insurance will cover the risk of injury by an uninsured person up to a certain “policy limit,” in this case $100,000. Often times we are faced with a choice of whether to spend several thousand dollars to present the case to the jury or take a few thousand dollars less than the policy limits.  The result is the same to the client, but the resolution is quicker, easier and gives peace of mind.

You should periodically check your policy limits on your auto insurance policy. If you have $100,000 in coverage you might be covered, or you might have a case like this where your damages exceed your coverage. It is not that much more expensive to purchase $250,000 or $500,000 in auto insurance. If you do, your uninsured and underinsured motorist coverage goes up to that same amount.

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.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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