BenGlassLaw Personal Injury Team Secures $265,000 Arbitration Award After Car Accident
Our client was employed as a beer distributor. His job required that he lift and transport up to 1,000 cases of beer each day to local convenience stores.
On the way to work one morning the defendant pulled from a stop sign, giving our client no room to avoid a collision. The beer distributor, who had previously had surgery for a fusion at C5-C6, now had additional herniated disks which at least one of his many physicians felt needed to be operated on.
The Prior Neck Surgery Had a Long Course of Therapy and Follow Up
This previous surgery for our client was a cervical fusion, also known as anterior cervical discectomy and fusion (ACDF). This procedure was performed to address issues such as degenerative disc disease, herniated discs, or spinal stenosis affecting the cervical spine.
In the prior surgery, the damaged disc between the C5 and C6 vertebrae was removed, and the space was then fused together. The surgeon approached the spine from the front of the neck, removed the problematic disc, and inserted a bone graft / implant to maintain the spacing between the vertebrae. This process stabilized the spine and allowed the bones to fuse together over time.
The aim of the surgery was to relieve pressure on the spinal cord or nerve roots, which can alleviate pain, numbness, and other symptoms associated with cervical spine conditions. The fusion prevented motion at the affected segment, which can help to eliminate pain and improve stability in the neck.
The Accident Worsened His Condition and He Eventually Lost His Job
The client endured many months of physical therapy, steroid injection and other non-surgical treatment. Because of his injury he eventually lost his job (after 7 months of trying to perform with the pain) and he was out of work for about 8 months before returning to the work-force at a lower paying job.
The Liberty Mutual insured had only $100,000 in coverage. Our client had only $100,000 in coverage, thus under Virginia insurance law, the maximum recovery of insurance was $100,000.
The defendant rented her property and had no significant assets.
Liberty Mutual had no doctor prepared to refute any of the plaintiff’s claims. His claims include $41,939 in medical expenses and lost wages of $35,661.
Impact of the Prior Accident on Legal Proceedings
Because of the prior accident and injury, the most Liberty Mutual ever offered to settle the case was $45,000 thus forcing the case to trial or arbitration.
The plaintiff elected to participate in binding arbitration because was a lower cost option.
The Parties Elected Binding Arbitration
The parties hired the McCammon Group to help with binding arbitration. Binding arbitration is a form of alternative dispute resolution (ADR) where disputing parties agree to resolve their conflict outside of court through a neutral third party, known as an arbitrator. In binding arbitration, the arbitrator listens to the arguments from both sides, reviews evidence, and then makes a decision that is legally binding on both parties. This means that the decision, or “award,” is final and enforceable in a court of law, similar to a court judgment.
Advantages of Binding Arbitration
One of the primary advantages of binding arbitration is that it offers a quicker and more efficient resolution compared to traditional court litigation. It often involves less formal procedures, leading to lower legal costs and faster outcomes. Additionally, the parties can select an arbitrator with specific expertise relevant to their dispute, which can be particularly advantageous in complex or technical matters.
Binding Nature and Limitations
However, the binding nature of arbitration means that the parties generally have limited rights to appeal or challenge the arbitrator’s decision, even if they disagree with it. This finality provides certainty but also means that parties must be willing to accept the outcome. Arbitration clauses are commonly included in contracts, particularly in commercial and consumer agreements, requiring any disputes arising from the contract to be resolved through arbitration instead of litigation.
The Arbitrator Rejected Liberty Mutual’s Arguments About How Our Client Should Have Chosen to Live His Life
The arbitrator heard the evidence, including Liberty Mutual’s argument that the plaintiff should have quit his job earlier (thus forcing his family into further financial ruin) because “working exacerbated his pain.” Liberty Mutual also argued that he could NOT recover for lost wages because he lost his job due to “lack of work.”
The plaintiff’s supervisor testified that had the plaintiff not been injured in the accident he would still be employed a beer truck distributor and would have been one of this “top 3 drivers.”
Due to the lack of insurance the maximum recovery was, indeed $100,000.
Brian Glass Leads the BenGlassLaw Car Accident Team in Fairfax, Virginia