In August 2000, DF was driving her vehicle and had slowed to make a left turn on northbound SR 99 in Everett, Washington. She was then suddenly struck head-on by a drunk driver who immediately fled the scene.
The drunk driver was MVD and he was apprehended and arrested by the Washington State Patrol soon after the collision. MVD was ultimately convicted of DUI and Hit & Run Attended. This car crash was fairly significant. The head-on impact caused substantial damage to DF’s vehicle. Her vehicle was declared a total loss. DF suffered personal injuries as a result of the collision.
Washington law provides that the following driver has the duty refrain from driving while under the influence of alcohol. See RCW 46.61.502. Washington law also provides that every driver has a duty to exercise ordinary care and to avoid causing a collision. See RCW 46.61.445; Washington Pattern Jury Instruction (WPI) 10.01.
DF is 60 years-old. She has been married to James E. for over 40 years. They have a grown daughter, Lois, and a four year-old granddaughter named Mya. DF is a very active person. She is a self-employed Human Resources Consultant. She is now pursuing her Master’s Degree in Organizational Management through City University. In her spare time, DF enjoys reading, music, traveling, exercising and spending time with her family.
DF sustained the following injuries in this accident:
Strain to cervical spine post motor vehicle accident
Contusion to chest wall post motor vehicle accident.
Neck pain with mild degenerative changes.
Left shoulder pain.
Cervical strain superimposed on degenerative changes in the cervical spine.
Neck pain / cervical musculoligamentous strain.
Multilevel cervical spondylosis, most pronounced at the C5-6 and C6-7 levels, with small bulges in the disc with a mild degree of bilateral neural foraminal narrowing at the C6-7 level.
Mild right shoulder impingement syndrome.
Cervical injury without clear evidence of radiculopathy.
Upper cervical dysfunction associated with cervical injury with specific possibility of C2-3 facet mediated pain.
Possible bilateral carpal tunnel syndrome.
Physical restrictions, secondary to #10-12.
Possible centrally mediated pain secondary to and worsening the severity of #10-12.
Post Traumatic Stress Disorder
Possible Post Concussive Disorder
DF had no liability for causing this collision. She suffered injuries that have been clearly documented in the medical records. She had genuine complaints, was compliant with treatment, and showed no signs of malingering or secondary gain. With all of the difficulty this incident has caused, including our client’s painful injuries (most of which continue), we believe her claim for damages is considerable.
DEMAND FOR SETTLEMENT
We have calculated our client’s damages as follows:
Past Medical $ 32,455.27
Other: mileage $ 1,205.00
Future Medical (presumption) $ 15,000.00
Total Special Damages $ 48,660.27
Non-economic damages: pain and suffering,
loss of enjoyment, disability, disfigurement $250,000.00
Total Special and General Damages $298,660.27
Less: Tortfeasor Insurance Policy Limits ($100,000.00)
Total Value of UIM Claim $198,660.27
After being is this accident, DF hired car accident lawyer Chris Davis and the legal team at Davis Law Group.
Davis, the principal personal injury attorney at Davis Law Group, was able to recover financial damages that covered DF's medical expenses but more importantly he was able to help her recover her peace of mind that she had initially lost after being in this accident.