A woman who was injured by an allegedly distracted driver has agreed to a mediated settlement of $4.5 million, her attorney reports.
William Goldfarb of Monroe reports that his client was turning left when the defendant, who was traveling approximately 55 mph in a commercial van, ran a red light and broadsided his client’s vehicle. Goldfarb said that phone records show that the defendant was using his cell phone at the time of the crash.
Many of the case’s details, including the names of the parties and venue, have been withheld pursuant to a confidentiality agreement.
The 51-year-old plaintiff is self-employed, Goldfarb said, but a vocational assessment shows that any future job searches will be “fruitless.”
Several witnesses, family members, and experts were critical in painting a vivid picture of how the crash happened and how it has affected the woman, Goldfarb said.
Goldfarb said that his client suffered numerous injuries, including a head injury, broken ribs, fractured vertebrae, a ruptured diaphragm, lacerations, respiratory failure, and probable neurocognitive disorder. But despite her lasting injuries, Goldfarb said that she has recovered remarkably well.
“Prior to the collision, the plaintiff was very healthy and active,” Goldfarb said. “This more than likely saved her life.”
Goldfarb brought on an orthopedic physician to opine about permanent issues and future medical treatment, and a certified life care planner. The client presented evidence of $203,000 in medical expenses under Rule 414 of the rules of evidence.
“The client wanted this chapter of her life to be over as soon as practical, but with proper value assigned to her injuries and pain and suffering,” Goldfarb said.
The case, mediated by Bill Brazil of Brazil & Burke in Asheville, was settled before any lawsuit was filed.
SETTLEMENT REPORT — MOTOR VEHICLE CRASH
Amount: $4.5 million
Injuries alleged: Head injuries, probable neurocognitive disorder, broken ribs, fractured vertebrae, ruptured diaphragm, lacerations, respiratory failure, anxiety, sleep disorder, and chronic pain, among others
Case name: Case settled before any lawsuit was filed
Mediator: Bill Brazil of Brazil & Burke in Asheville
Date of settlement: Aug. 3
Most helpful experts: Dr. Jason O’Dell of Florence, South Carolina (orthopedist), Anthony Enoch of Wilmington (rehabilitation consultant), Steve Farlow of Raleigh (accident reconstruction), Cynthia Wilhelm of Chapel Hill (life planner), and Jeffrey Ewert of Charlotte (neuropsychologist)
Attorney for plaintiff: William Goldfarb of Monroe
Attorneys for defendant: Withheld