Trial Briefs
$2.18M Settlement for Crash Victim
Grimes, Yeoman, Reed Obtain $2.18 Million Settlement for Crash Victim
Case Type: Personal Injury, Automobile
Attorneys for Plaintiff: Elizabeth G. Grimes, Richard D. Yeoman, and Jennifer R. Reed, of Grimes Yeoman (Mooresville)
Settlement: $2,188,832 – Combined Policy Tender of Allstate’s applicable liability and Personal Umbrella Policies
Date of Incident: August 4, 2021
Date of Settlement: February 23, 2024
Plaintiff (late 50’s) was driving in Charlotte when Defendant Driver’s vehicle crossed the center line, hit a third vehicle, and eventually crashed into Plaintiff’s vehicle head-on. Liability was not contested, although the extent of damages was initially disputed.
The Plaintiff endured massive injuries including bilateral femur fractures, a right patella fracture, bilateral rib fractures, severe submassive pulmonary embolism, hemarthrosis (subsequent to procedure), post-traumatic osteoarthritis and general pain in left knee, muscle weakness, gait abnormality and difficulty walking, laceration to his face, seatbelt contusion of his right anterior chest, bruising to his chest and abdomen, chest pain, weakness of both lower extremities, and bilateral chronic knee pain, all ultimately necessitating five major surgeries or procedures by the time of the settlement.
The special damages involved in the case included medical expenses of $378,735, projected future medical expenses of $125,636, accrued lost wages of $17,551, and a total projected diminished earning capacity of $1.03 million.
This extensive combination of severe injuries led to chronic issues with mobility, significantly impacting Plaintiff’s life and quality of life.
It was three months before Plaintiff was able to finally return to work, and he was able to ramp from a part-time return up to full-time hours. Notably his employer allowed remote work due to the COVID pandemic concerns. Plaintiff was able to work from home for approximately 2 years because of flexible rest breaks being permitted. Unfortunately, his employer ended the remote work from home option and plaintiff was laid off as part of corporate downsizing.
At the time of the settlement Plaintiff continued to suffer from weakness in the lower extremities and difficulty walking. A right partial knee replacement has been recommended to the Plaintiff, after already having had to undergo a total left knee replacement nearly two years after the collision.
As the Plaintiff was unemployed and generally unable to find a job, Plaintiff’s counsel sought the opinion of Dr. Gary Albrecht, an economist, and Maria Vargas, a vocational expert and life care planner. Dr. Albrecht projected the impact on Plaintiff’s future earning potential and argued that Plaintiff’s injuries and age made it difficult for him to find competitive employment. The analysis calculated that plaintiff’s diminished earnings were $779,128, with an additional lost household earnings capacity totaling $255,305. Together these figures totaled more than $1 million in economic damages.