
Mrs. W was 52 years old when she was hit by the car behind her on Route 28 in Fairfax County, Virginia. Even though the defendant would not admit to wrongdoing before the trial, he did admit liability just before the trial started.
Mrs. W’s injuries were four herniated discs in her neck and lower back. The cervical (neck) herniation was discovered within weeks after the accident, but the lumbar (lower back) herniations were not discovered until over a year after the car accident. Both of Mrs. W’s doctors who testified at trial related these herniated discs to the accident.
The defense neurosurgeon testified that Mrs. W had only suffered minor cervical and lumbar sprain/strain from the accident and that her current symptoms were due to pre-existing cervical and lumbar disc disease. He also pointed out that she had a gap in treatment of almost one year after physical therapy where she did not see any health care provider for her symptoms and had not complained of neck or back pain during this gap.
Awarded: Verdict $175,000

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