Elderly woman’s injuries after wreck settled for $485K

The survivors of an 88-year-old dementia patient debilitated by a car accident won a $485,000 settlement on her behalf, reached this summer before a suit was filed.

Plaintiff’s attorney C. Douglas Maynard Jr. said the woman had been diagnosed with dementia and suffered a stroke before the car accident in June 2010. Prior to that, she had lived with her daughter and was still able to go out to eat, shop and attend church.

“Before the accident she was functioning, living at home,” Maynard said.

The woman passed away from unrelated causes about two years after the accident, before the case was settled. After the accident, she lived in a nursing home until her death.

The woman was a passenger in her daughter’s car when another driver ran a red light and slammed into their vehicle. She suffered pelvic fractures and a hematoma. Doctors placed her in a rehabilitation center after an eight-day hospital stay. Her pre-existing conditions meant doctors could not perform surgery on her.

“She needed to be able to be at least somewhat ambulatory to return home and unfortunately because of her dementia she wasn’t able to learn to walk again,” Maynard said.

The liability carrier tendered its policy limits in November 2010. The plaintiff demanded arbitration of the UIM benefits claim in March 2012.

The parties entered into a tolling agreement to put off the statute of limitations on the tort last year and settled the UIM claims after the selection of an arbitration panel, but before a hearing began.

Among the plaintiff’s experts was a geriatric professional, Maynard said. The plaintiffs needed to be firm in their contention that the accident, not the pre-existing dementia, was the cause of their client’s woes.

“We had to have an expert to review the records for the purposes of causation because we expected one of the problems to be that the reason she didn’t come home from the nursing home was due to old age,” he said.

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SETTLEMENT REPORT: MOTOR VEHICLE NEGLIGENCE

Injuries alleged: Pelvicfractures with an associated pelvic hematoma

Amount:$485,000 ($30,000 liablility, $450,000 UIM, $5,000 MPC)

Date of settlement:June 2013

Special damages:Medical expenses of approximately $280,000

Most helpful experts:Dr. Michelle Haber, geriatrics consultant; Dr. Samuel Newsome, family practitioner 

Insurance carrier:Allstate Insurance Co. (liability), State Farm Mutual Automobile Insurance Co. (UIM)

Attorney for plaintiff:C. Douglas Maynard Jr. (Winston-Salem)

Has the plaintiff been successful in collecting the judgment:Yes