Car Accident / Wrongful Death
Plaintiff, 67, was a passenger in a car being driven by her husband (Plaintiff’s intestate), 71, on a four lane divided highway in Smithfield when defendant, who was driving with her two young children in the car, turned left in front of Plaintiff’s vehicle at an intersection. Witnesses confirmed that Plaintiff’s vehicle had the green light. Plaintiff’s intestate was killed in the impact, and Plaintiff suffered massive internal injuries, including multiple rib fractures, diaphragmatic hernia/rupture, small bowel perforation, large disruption of fascia of lower abdominal wall from overlying tissues, contusion of spleen, liver laceration, and spinal fractures at multiple levels. Plaintiff underwent multiple surgical procedures, and had a month long active recovery but due to her fitness and determination to get better, was able to resume almost all of her daily activities with the exception of heavy lifting and some digestive residual effects. Plaintiff’s intestate (husband), according to countless family friends and witnesses, was an amazing father, community member, and friend. Of the total settlement, $1,690,000 was paid for the wrongful death claim and $910,000 was paid for Plaintiff’s bodily injury claim. Defendant driver and her husband were present in the mediation process and expressed obvious heartfelt remorse. In a first for Plaintiff’s counsel, Plaintiff and defendant driver hugged and shared tears at the successful conclusion of the mediation.
This case was resolved during litigation, defended by counsel, and fully collectible.