Virginia Car Accident Settlement Amounts and Case Examples

See court awards and settlement payouts made to Virginia car accident victims. Find cases similar to yours.

Every day, at least 161 people are injured and more than two are killed on Virginia roadways.¹ If you or a loved one are injured in a crash, you are entitled to pursue compensation.

The average car accident settlement for a moderate injury claim in Virginia is $38,212. Average payouts range from $7,199 for minor injuries to $325,286 for severe injuries.

Average Virginia Car Accident Settlement Amounts

We analyzed a collection of actual Virginia lawsuits filed by plaintiffs injured in vehicle accidents. Each plaintiff received a court award or settled their case before trial.

Average Payout by Severity of Injury

Minor Injury $7,199
Moderate Injury $38,212
Severe Injury $325,286

Payout Range by Severity of Injury

Minor Injury $2,500 - $13,445
Moderate Injury $25,000 - $75,000
Severe Injury $79,700 - $1,300,000

Types of Motor Vehicle Accidents

The most common Virginia car accidents are side-impact collisions caused by failing to yield, improper turns, and disregarding traffic control. Also common are rear-end collisions, caused by following too closely.²

Average Side-Impact Collision Settlements

Minor Injury $6,204
Moderate Injury $28,097
Severe Injury $387,041

Average Rear-End Accident Settlements

Minor Injury $7,863
Moderate Injury $31,625
Severe Injury $235,000

Types of Car Accident Injuries

Our Virginia case group includes injuries ranging from mild back sprains to severe permanent brain injuries. Neck and back injuries are the most common injuries from all kinds of vehicle accidents, followed by head injuries.

Victims of serious accidents often suffer multiple injuries, including bone fractures, degloving injuries, and closed head injuries. Payouts are intended to compensate for all the victim’s injuries, not just the most severe injury. Most accident victims can expect to settle in the moderate payout range.

Average Neck and Back Injury Settlements

Minor Injury $7,199
Moderate Injury $33,016
Severe Injury $187,477

Average Head Injury Settlements

Minor Injury $1,000
Moderate Injury $40,000
Severe Injury $609,125

How Car Accident Settlements Are Calculated

The Commonwealth of Virginia is a traditional fault or “tort” state. A car accident victim has the right to file a claim with the at-fault driver’s insurance company or file a lawsuit directly against the at-fault driver.

Using the “Multiple Method” for Minor Claims

The multiple method is an easy way to estimate the value of minor to moderate injury claims. Begin by totaling your full medical bills, out-of-pocket expenses, and lost wages. Then add one to three times that total to account for your pain and suffering.

The multiple you’ll use depends on how significantly the injuries affected your activities of daily living following the crash. A few days on the sofa with a heating pad might rate a multiple of one. A multiple of two or three might be reasonable if you spent three months with a broken arm that kept you from driving and carrying your baby.

Serious injury claims should only be handled by an experienced personal injury attorney. A good attorney will ensure you are fairly compensated for your damages, including future medical bills, loss of earning potential, and the intense pain and suffering associated with severe injuries.

Other factors that influence injury payouts in Virginia:

  • Shared Fault – Virginia is a pure contributory negligence state.  This means you can be barred from seeking compensation from the other party if you share as little as one percent of fault for your injuries.
  • Auto Policy Limits – Vehicle owners in Virginia can either carry insurance liability limits of at least $30,000 per person/$60,000 per accident for bodily injury and $20,000 for property damage, or pay a $500 Uninsured Motor Vehicle (UMV) Fee.
  • Uninsured Motorists – Virginia vehicle owners are not required to carry auto insurance. The UMV Fee is not insurance. The at-fault uninsured driver can be sued, assuming they have any assets.
  • Uninsured/Underinsured Coverage – Auto policies issued in Virginia are required to have uninsured motorists (UM) and underinsured motorist (UIM) coverage equal to the policy liability limits, unless the policyholder has rejected UM/UIM coverage.
  • Commercial Policies – Business vehicles, like tractor-trailers, taxicabs, and delivery trucks, are usually covered by commercial insurance policies with much higher liability limits.
  • Multiple Claimants – When two or more victims are injured in the same collision, there might not be enough insurance money to fully compensate everyone.
  • Punitive Damages – Virginia allows punitive damages up to $350,000 for personal injury cases involving malice or wanton disregard for the rights of others. Drunk drivers who cause injuries to others are presumed to meet the criteria for punitive damages.

Frequently Asked Questions

How much are most car accident settlements in Virginia?

A moderate car accident settlement in Virginia averages $38,212. You can expect your settlement to cover your medical expenses, lost income, out-of-pocket expenses, and an amount to compensate for pain and suffering.

How long can it take to settle an injury claim in Virginia?

Virginia’s Unfair Claims Settlement Practices law requires insurers to make prompt, fair, and equitable settlements after liability has become reasonably clear.

In addition, Virginia has a two-year statute of limitations for injury claims arising from a vehicle accident. Adults must settle their claim or file a lawsuit within two years of the accident date.

Is Virginia a no-fault state for car accidents?

No. Virginia is not a no-fault auto insurance state. You have the right to seek compensation from the at-fault parties involved in a motor vehicle accident.

Are there penalties for driving without insurance in Virginia?

Not exactly. Virginia drivers may drive an uninsured vehicle at their own risk if they pay a $500 Uninsured Motor Vehicle (UMV) Fee.

How much do Virginia attorneys charge?

Virginia Rules of Professional Conduct prohibit attorneys from charging an excessive fee. Personal injury attorneys customarily charge a contingency fee between 33 and 40 percent of the final compensation they recover.

Minor Injury Case Examples

Minor car accident injuries include soft-tissue sprain, sprains, bumps, cuts, and bruises. The victim may be too stiff and sore to work for a few days. Most minor accident victims fully recover within a month.

Defendant Disputed Credibility of Injury Claims

Type of Injury: Back injury-Cervical and lumbar strain
Type of Accident: Side-Impact
Award/Settlement Amount: $2,500
Case Summary: Plaintiff was traveling in his vehicle on a primary roadway. Defendant who was operating a van, was attempting to exit a parking lot onto the primary road. Plaintiff’s vehicle hit the side of defendant’s van as defendant exited the parking lot. Plaintiff sustained cervical and lumbar strain as a result of the collision. Plaintiff argued that the defendant was negligent in failing to maintain a proper lookout and yield the right-of-way. Defendant contended that he would have had ample opportunity to exit the parking lot safely if plaintiff had not been speeding. Defendant disputed the credibility of plaintiff’s personal injury and lost wage claims. Jury awarded plaintiff $2,500.
Location: Alexandria City, Virginia
Case Name and Docket Number: Neylon v. Herra, CL05001240

Jury Award for Rush-Hour Rear-End Collision

Type of Injury: Soft tissue neck and lower back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $3,000
Case Summary: Plaintiff and defendant were driving south at the height of rush hour when defendant’s vehicle struck the rear of plaintiff’s vehicle, with defendant’s vehicle coming to rest beneath the rear bumper of plaintiff’s pickup truck. Plaintiff claimed he sustained soft tissue neck and back injuries as a direct result of this accident. Plaintiff argued that defendant failed to keep a proper lookout and maintain an assured clear distance ahead. Defendant stipulated to liability, but contended that plaintiff made no injury claim at the time of the crash. Defendant maintained that plaintiff had a history of accidents for which he claimed neck and back injuries. Jury awarded the plaintiff $3,000.
Location: Fairfax County, Virginia
Case Name and Docket Number: Johnson v. Lagarde, CL-2005-0002196

Passenger Suffers Soft-Tissue Sprain Injuries

Type of Injury: Soft tissue neck sprain
Type of Accident: Side-Impact
Award/Settlement Amount: $3,344
Case Summary: Defendant was driving her vehicle from a parking lot intending to turn onto a Highway. To enter the highway, defendant passed through stopped traffic and drove onto the median and was struck by a vehicle traveling eastbound. Plaintiff was a passenger in eastbound vehicle and claimed neck injuries as a result of the accident. The front end of defendant’s vehicle was in the median, but the rear-end stuck out in the left eastbound lane of travel and plaintiff’s host driver was unable to avoid striking defendant’s vehicle. Defendant claimed that it was plaintiff’s driver who caused the accident. Jury returned a plaintiff verdict of $3,344.
Location: Arlington County, Virginia
Case Name and Docket Number: Moshiri v. Deb, 3138

Defendant Fully Liable for Plaintiff’s Soft-Tissue Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $4,500
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a yield sign waiting to merge into traffic and was rear-ended by defendant. Plaintiff sustained soft tissue neck and back injuries requiring chiropractic treatment. Plaintiff contended that defendant failed to keep a proper lookout, causing the accident. Defendant contended that plaintiff was contributorily negligent for the accident, but the court sustained plaintiff’s motion for partial summary judgment as to liability. Defendant claimed that plaintiff was not injured to the extent he claimed. Jury awarded plaintiff $4,500 in damages.
Location: Arlington County, Virginia
Case Name and Docket Number: Workagegnehu v. Knudsen, 3292

Jury Sides With Plaintiff Injured in Intersection Crash

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $4,980
Case Summary: Plaintiff was driving his vehicle, attempting to cross a service road at an intersection controlled by a traffic light. Defendant, who was driving his own vehicle at the same intersection, got caught in the middle of the intersection after the light had turned red. Plaintiff struck defendant’s vehicle at the rear. Plaintiff claimed that his view of the intersection was blocked by a van and he did not see defendant stopped in the intersection. He argued that he had the right-of-way and defendant should not have been blocking the intersection. Plaintiff sustained soft tissue neck and back injuries. Defendant argued that plaintiff was comparatively negligent and had recovered from his injuries. Jury sided with plaintiff.
Location: Fairfax County, Virginia
Case Name and Docket Number: Nguyen v. Padgett, L211989

Defendant Liable for Improper Left Turn Accident

Type of Injury: Back injury-Soft tissue lumbar sprain/strain
Type of Accident: Side-Impact
Award/Settlement Amount: $5,000
Case Summary: Plaintiff, a 16-year-old female was a backseat passenger in her mother’s car, which was being driven by a friend of her mother. Defendant was operating his vehicle in the opposite direction of the plaintiff’s host vehicle. Defendant attempted to make a left turn into a shop’s parking lot and collided with the plaintiff’s vehicle. Plaintiff claimed she suffered a low back sprain as a direct result of defendant’s negligence. Plaintiff claimed defendant was negligent in failing to yield to oncoming traffic. Defendant denied liability. He contended he did not see the Plaintiff’s vehicle approaching because the host driver was exceeding the speed limit. Jury awarded plaintiff $5,000.
Location: Portsmouth City, Virginia
Case Name and Docket Number: Coone v. Gooden, CL07002259-00

Beltway Rear-End Fender-Bender Verdict

Type of Injury: Soft tissue back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $5,200
Case Summary: Plaintiff was driving in stop-and-go traffic on the Beltway. Defendant, who was operating her own vehicle, rear-ended the vehicle (non-party) directly behind the plaintiff. The force of the collision pushed the non-party car into the rear of plaintiff’s vehicle. Plaintiff contended defendant was negligent in failing to maintain an assured clear distance ahead and a proper lookout. She claimed she sustained a soft tissue back injury with residual effects as a direct result of the accident. Defendant admitted liability, but argued that plaintiff’s vehicle was only tapped by the intervening vehicle as evidenced by the minimal property damage. Defendant contended plaintiff exaggerated her injuries. Jury awarded plaintiff $5,200.
Location: Fairfax County, Virginia
Case Name and Docket Number: Hardin v. Kochman, 2005-1727

Defendant Crashed Into Vehicle Parked on Roadside

Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $7,115
Case Summary: Plaintiff was stopped in his vehicle along the side of the road. Defendant, who was operating his own vehicle, struck the rear of plaintiff’s car. Plaintiff sustained soft tissue neck and back injuries. Plaintiff sued defendant for negligence, claiming that defendant failed to keep a proper lookout, resulting in injuries to the plaintiff. Defendant denied liability for the accident and contended that plaintiff was illegally double parked along the side of the roadway and was therefore responsible for the accident. Defendant also contested the nature and extent of plaintiff’s claimed injuries. The jury returned a verdict for the plaintiff and awarded him $7,115 in damages.
Location: Alexandria City, Virginia
Case Name and Docket Number: Canty v. Conteh, Cl020062

Plaintiff Damage Claim Reduced by Bankruptcy

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $7,500
Case Summary: Plaintiff and defendant were operating their respective vehicles in the same direction. At an intersection, plaintiff came to a stop and was rear-ended by defendant. There was substantial damage to both vehicles. Plaintiff alleged that the impact caused chronic pain in her neck and back. Plaintiff’s medical expenses totaled approximately $11,000, but she was excluded from presenting evidence of her medical costs because she had discharged those debts in bankruptcy prior to trial. Liability was not seriously contested. Defendant however contended that the accident caused soft tissue muscle strains of a non-permanent nature. Defendant further contended that plaintiff suffered from pre-existing degenerative disc disease. Jury awarded plaintiff $7,500 in damages.
Location: Fairfax County, Virginia
Case Name and Docket Number: Gaskell v. Howard, L195101

Jury Award for Soft-Tissue Injuries with Therapy

Type of Injury: Soft tissue cervical and lumbar injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $8,000
Case Summary: Defendant was driving on a commercial thoroughfare. He attempted a left turn in the path of Plaintiff’s oncoming vehicle, resulting in a collision. Both vehicles sustained significant property damage. Plaintiff said that defendant failed to yield the right-of-way to oncoming traffic. She claimed she sustained soft tissue neck and back injuries that required one year of physical therapy. She also claimed the accident diminished the value of her automobile. Defendant admitted liability, but contended that plaintiff exaggerated the extent of her injuries. He argued that her soft tissue injuries should have resolved within several months of the accident. Jury awarded plaintiff $8,000 in damages.
Location: Hanover County, Virginia
Case Name and Docket Number: Yeay v. Morgan, CL06000592-00

Aggravated Neck, Back Injuries with TMJ

Type of Injury: Aggravated Neck and back injuries-Other-temporomandibular joint dysfunction (TMJ)
Type of Accident: Rear-End
Award/Settlement Amount: $9,000
Case Summary: Plaintiff was driving her vehicle and had slowed due to an accident ahead, when she was rear-ended by a vehicle driven by Defendant, and propelled into the vehicle to her right. Plaintiff claimed she sustained injuries to her neck resulting in radiating arm pain, headaches and TMJ. Plaintiff contended that this accident was caused by defendant who failed to keep an assured, clear distance, that she suffered both new injuries and aggravation of pre-existing injuries. Defendant disputed liability and contended that plaintiff’s injury claims were unrelated to this accident. Jury returned a verdict for plaintiff’s medicals in the amount of $9,000.
Location: Fairfax County, Virginia
Case Name and Docket Number: Iglesias v. Knoll, L197999

Plaintiff Settles with Drunk Driver Before Trial

Type of Injury: Back injury-cervical sprain and soft tissue neck injury
Type of Accident: Rear-End
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving. He stopped for a traffic light at an intersection and was struck from behind by a vehicle driven by defendant. Defendant was intoxicated at the time of this accident with a blood alcohol level of 0.16. Plaintiff claimed he sustained a cervical sprain as a result of the collision. Plaintiff’s vehicle sustained $ 1,000 in property damage. Plaintiff contended that defendant was negligent in operating a motor vehicle while intoxicated and sought punitive damages against him. Defendant admitted liability for causing the accident, but disputed the amount of plaintiff’s damages. Parties however settled for $10,000 prior to trial.
Location: Newport News City, Virginia
Case Name and Docket Number: Harris v. Riley, CL0703895P-03

Jury Award for Disputed Lower Back Injuries

Type of Injury: Soft tissue low back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $11,004
Case Summary: Plaintiff was driving her vehicle when she was rear-ended by a vehicle driven by Defendant while stopped for a red light. Plaintiff claimed the impact of this accident caused back injuries and $4,000 in property damage to her vehicle. Plaintiff contended that defendant failed to keep a proper lookout and maintain an assured clear distance. She claimed her back injury was the direct result of the impact of this accident. Defendant admitted liability, but disputed the extent of plaintiff’s damages. He argued that this minor accident could not have caused significant damage to plaintiff’s vehicle and that she exaggerated her injuries. Jury awarded plaintiff $11,004 in damages.
Location: Arlington County, Virginia
Case Name and Docket Number: Mujawayezu v. Blanco, CL06000341-00

U-turning Driver Liable for Tow Truck Crash

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $13,400
Case Summary: Plaintiff 1 was driving his tow truck in the left lane of four-lane Road. Defendant was driving her vehicle in the same direction in the right lane. Plaintiff 1 claimed that defendant wanted to make a U-turn and cut in front of him. Plaintif #1 was unable to stop in time and rear-ended defendant, who then spun out of control and struck a vehicle driven by Plaintiff 2. Plaintiffs’ claims were consolidated for this trial. Both plaintiffs claimed soft tissue neck and back injuries. Plaintiffs claimed that defendant was responsible for the accident by making an improper U-turn. Defendant contended that the accident was caused by Plaintiff 1, who rear-ended her vehicle. Jury awarded Plaintiff 2 $13,400 and Plaintiff 1 $7,800.
Location: Fairfax County, Virginia
Case Name and Docket Number: Huffman v. Waiser, L211482

Bench Trial Award for Aggravation of Preexisting Conditions

Type of Injury: Aggravation of a preexisting soft tissue neck and back condition
Type of Accident: Rear-End
Award/Settlement Amount: $13,445
Case Summary: Plaintiff was driving her vehicle at less than 20 mph. She slowed her vehicle in traffic. Two drivers behind her were able to change lanes and avoid a collision. However, defendant motorist, was unable to stop in time and struck the rear of plaintiff’s car. Plaintiff claimed the impact aggravated a preexisting neck and back condition that had been asymptomatic for quite some time prior to this accident. Defendant admitted liability for the accident but contended this accident could not have caused plaintiff’s complaints, which did not arise for four years post-accident. The Court awarded plaintiff $13,445 in a bench trial.
Location: Danville City, Virginia
Case Name and Docket Number: Burgess v. Martin, CL04-000181

Moderate Injury Case Examples

Moderate car accident injuries typically involve more extensive soft tissue injuries, pinched or herniated discs, concussions, simple bone fractures, and whiplash. Recovery may take weeks or months and interfere with the victim’s ability to work.

Award for Pregnant Mom Hit by Red-Light Runner

Type of Injury: Soft tissue injuries to low back, shoulder and neck
Type of Accident: Side-Impact
Award/Settlement Amount: $18,181
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting roads. Defendant ran a red light in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff claimed soft tissue low back, neck and shoulder injuries. Plaintiff, who was 23 weeks pregnant at the time of the accident, also feared harm to the unborn child and was unable to undergo treatment for five months because of the pregnancy and a C-section. Defendant admitted liability. Parties reached a high/low agreement of $30,000/$13,125 prior to trial. Defendant however contended that plaintiff’s therapy took longer than necessary. Jury awarded plaintiff $16,500 plus costs of $1,681 for a total judgment of $18,181.
Location: Alexandria City, Virginia
Case Name and Docket Number: Colville v. Sou, 02-CV-1101-A

Court Denies Defendant Shared Fault Assertion

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $19,500
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction on the Beltway. Plaintiff was stopped in heavy traffic when the defendant rear-ended him. Plaintiff said that defendant was driving at an unsafe speed and failed to keep a proper lookout and that the force of the collision pushed his vehicle into the car ahead of him. Plaintiff suffered soft tissue neck and back injuries as a result of the accident. Defendant contended that plaintiff hit the car in front of him prior to being rear-ended by the defendant. The court however denied defendant’s proposed contributory negligence jury instruction. Jury awarded plaintiff $19,500 in damages.
Location: Fairfax County, Virginia
Case Name and Docket Number: O’Donnell v. Reymer, L204861

T-Bone Crash Caused Neck and Back Injuries

Type of Injury: Back injuries-soft tissue cervical and lumbar injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was driving her vehicle while defendant was operating her own vehicle on an intersecting street. Defendant failed to stop for a red light and entered an intersection, where her car was T-boned by another vehicle. Defendant’s car then swiped the front fender of plaintiff’s vehicle. Plaintiff sustained neck and back injuries from the impact. Defendant admitted liability but contended that plaintiff had significant pre-existing neck and back complaints with consistent treatment for both to the date of this accident. Plaintiff argued that the accident aggravated her prior neck condition such that she required pain injections and physical therapy. Jury returned a $20,000 verdict for plaintiff.
Location: Norfolk City, Virginia
Case Name and Docket Number: Andrade v. Mccoy, CL10000471-00

Plaintiff Settles Side-Impact Injury Case Prior to Trial

Type of Injury: Soft tissue neck, right shoulder, arm, wrist, hand and right knee injuries
Type of Accident: Side-Impact
Award/Settlement Amount: $23,500
Case Summary: Plaintiff was traveling along a city street while defendant was exiting a parking lot and attempted to pull onto the same street on which plaintiff was traveling, resulting in a collision. Plaintiff struck the driver’s side of defendant’s vehicle. Plaintiff claimed defendant negligently pulled his vehicle into oncoming traffic, failed to maintain a proper lookout and failed to yield the right-of-way to oncoming traffic. Plaintiff claimed she sustained soft tissue neck, right shoulder, arm, wrist and hand injuries as well as minor injuries to the right knee. Defendant admitted liability for the collision and agreed to settle this matter prior to trial for $23,500.
Location: Stafford County, Virginia
Case Name and Docket Number: Parnell v. Dodson, CL 04 0018-00

Award to Rear-Ended Van Passenger for Neck Injuries

Type of Injury: Back Injury-cervical spine
Type of Accident: Rear-End
Award/Settlement Amount: $24,000
Case Summary: Plaintiff was a passenger in a van when the van was rear-ended by a vehicle driven by defendant. Plaintiff claimed she suffered cervical and neck injury as a direct result of this impact. Plaintiff sought past and future medicals, lost wages, and damages for permanent pain and suffering. Defendant admitted he struck the rear of plaintiff’s van, but contended that this minor accident did not cause the neck injury alleged by the plaintiff. Plaintiff maintained that any prior neck complaints were unrelated to new injuries sustained in this accident. Defendant argued that plaintiff had suffered only minor, temporary injuries. Jury returned a $24,000 verdict for the plaintiff.
Location: Norfolk City, Virginia
Case Name and Docket Number: Killmon v. Blake, CL09002865-00

Victim Requires Surgery for Lumbar Disc Injuries

Type of Injury: Back injury- herniated disc at L5-S1 and lower lumbar strain; Other-right thigh pain with numbness
Type of Accident: Side-Impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was involved in a motor vehicle accident when his vehicle was struck by another vehicle driven by defendant at a controlled intersection. Plaintiff suffered a herniated disc at L5-S1, lower lumbar strain, and right thigh pain with numbness, which required him to undergo surgery for an L4-L5 and L5-S1 disc compression. Plaintiff claimed that defendant failed to stop at a posted stop sign and that the defendant’s negligence directly and proximately caused the collision and the plaintiff’s injuries. Defendant denied liability. Defendant maintained that plaintiff had a lower lumbar strain and had a diagnosis of degenerative disc disease prior to this accident. Jury returned a plaintiff verdict.
Location: Norfolk City, Virginia
Case Name and Docket Number: Nelson v. Gay, CL-2012-003598-00

Jury Award to Bicyclist Struck by Motor Vehicle

Type of Injury: Head injury-Closed head injury; Others-sprained arm, soft tissue neck and foot injuries, facial lacerations and lower lip lacerations
Type of Accident: Side-Impact
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was crossing a street on his bicycle when he was struck by a vehicle operated by defendant. Plaintiff sustained a sprained arm and foot, a closed head injury, a soft tissue cervical injury and lacerations to his face and lip. Plaintiff claimed $11,397 in past medical specials. Plaintiff was not crossing in a designated crosswalk at the time of the accident and defendant contended that plaintiff had crossed the road against a red light. Plaintiff contented that he was obeying the rules of the road and lawfully crossing the street when the defendant failed to yield the right-of-way. Jury found for plaintiff, awarding him $30,000.
Location: Fairfax County, Virginia
Case Name and Docket Number: Melgar v. Begley, L21433

Rear-End Victim with Aggravation of Spinal Arthritis

Type of Injury: Back injury-Aggravation of previously asymptomatic spinal arthritis (cervical and lumbar)
Type of Accident: Rear-End
Award/Settlement Amount: $33,000
Case Summary: Plaintiff was driving her vehicle in a line of traffic when defendant rear-ended her. Plaintiff claimed the force of the impact by defendant’s vehicle pushed plaintiff’s vehicle into the rear of the car ahead of her. Plaintiff claimed she suffered a serious aggravation of preexisting asymptomatic spinal arthritis as a direct result of this accident. Plaintiff argued that defendant failed to keep sufficient distance between their vehicles, was driving too close and failed to stop in time to avoid this accident. Defendant contended that he struck plaintiff after plaintiff had already struck the vehicle ahead of her. Jury awarded plaintiff $33,000 in damages.
Location: Fairfax County, Virginia
Case Name and Docket Number: Wu v. Sague, CL-2009-0012224

Shoulder and Chest Injuries from Side-Impact Collision

Type of Injury: Shoulder injury-connective tissue; Chest injury- thoracic annular tear at T7
Type of Accident: Side-Impact
Award/Settlement Amount: $35,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting streets. Defendant entered an intersection from a stop sign in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff claimed shoulder and upper back injuries as a direct result of this accident. Plaintiff claimed that defendant was negligent when she failed to yield the right-of-way. Defendant contended that her view was obstructed by parked cars at the intersection. Defendant disputed injury causation. She asserted that plaintiff had a pre-existing back injury when he was struck by a golf club in the thoracic spine, resulting in similar complaints. The parties settled the case shortly before trial for $35,000.
Location: Norfolk City, Virginia
Case Name and Docket Number: Ashe v. Hand, CL10000452-00

Closed Head Injury from Improper Lane Change

Type of Injury: Closed head injury with no cognitive deficits and trauma with soft tissue back injury.
Type of Accident: Side-Impact
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was operating his vehicle. Defendant, who was operating her own vehicle in an adjacent lane, changed lanes and hit plaintiff’s vehicle. Plaintiff’s car then hit the jersey wall. Plaintiff suffered a closed head injury with no cognitive deficits and trauma with soft tissue back injury. Plaintiff contended that defendant was negligent in failing to maintain proper control of her vehicle and failing to keep a proper lookout. Plaintiff claimed $13,340 in past medicals and $3,900 in past lost wages. Defendant admitted liability for the collision but disputed plaintiff’s damages claim. The parties agreed to settle case settled for $45,000 before trial.
Location: Hampton City, Virginia
Case Name and Docket Number: Speight v. Diaz, CL07001929-00

Scarred Victim Settles Head-On Crash Case with Drinking Driver

Type of Injury: Face injury-cuts, abrasions and scarring on the face.
Type of Accident: Head-On
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was operating a vehicle southbound. She was struck head-on by a northbound vehicle operated by defendant. Defendant, who had been drinking at a party, was attempting to pass another vehicle at the time of the collision. Plaintiff was trapped in her car and the Jaws of Life had to be used to extricate her. Plaintiff sustained minor cuts, abrasions and bruises. Plaintiff contended that defendant was negligent in operating his vehicle and sought punitive damages. Defendant demurred to plaintiff’s count seeking punitive damages but was overruled. A settlement of $45,000 was reached before trial. Per plaintiff’s counsel, because the court held that plaintiff could pursue punitive damages under common law, the case settled for considerably more than it would have otherwise.
Location: Fairfax County, Virginia
Case Name and Docket Number: Ross v. Bilowus, CL06-10933

Jury Award to Crash Victim for Aggravation of Disabilities

Type of Injury: Back injury-aggravation of preexisting degenerative back condition
Type of Accident: Rear-End
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving through an intersection when her car was struck in the rear by a vehicle driven by defendant. There was approximately $200 in property damage to each of the vehicles. Plaintiff, a 66-year-old female, had been disabled for 30 years due to a degenerative back condition for which she underwent multiple surgeries prior to this accident. Plaintiff argued the accident aggravated her pre-existing back condition and resulted in a need for fusion surgery. Defendant admitted liability, but contended that the minor accident could not have caused plaintiff’s injuries. Jury awarded plaintiff $50,000. The amount of the verdict was impacted by testimony regarding significant pre-existing problems.
Location: Campbell County, Virginia
Case Name and Docket Number: Galyean v. Kirshberger, CL06000253-00

Pedestrian Suffers Complex Leg Fractures from Car Collision

Type of Injury: Leg injury-Fractured tibial plateau of right leg
Type of Accident: Pedestrian
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was attempting to walk across a street at an intersection when he was struck by Defendant, who was making a left turn from a parking lot. Plaintiff claimed that he walked into the street and stood on the double yellow line to get a better view of traffic and was waiting for traffic to clear when the collision occurred. Plaintiff suffered a fractured right leg which required surgical repair with the placement of screws. Plaintiff argued that defendant failed to keep a proper lookout and claimed $12,000 in lost wages and $42,000 in medicals Defendant contended that plaintiff was contributorily negligent for his injuries. Judge entered a judgment for plaintiff on liability and case proceeded on the issue of damages only. Jury awarded plaintiff $60,000.
Location: Arlington County, Virginia
Case Name and Docket Number: Mangi v. Schreiber , 03-884

Elderly Plaintiff Hit Head-On in Intersection

Type of Injury: Back, stomach, chest and breasts contusions; Aggravation of of a preexisting back condition
Type of Accident: Head-On
Award/Settlement Amount: $70,000
Case Summary: Plaintiff, age 75, was operating her motor vehicle when she was involved in a head-on collision after defendant turned left across the path of plaintiff’s oncoming vehicle. The impact caused the airbags in plaintiff’s vehicle to deploy. Plaintiff maintained she sustained significant bruising to her back, chest, breasts and stomach and suffered an aggravation of a pre existing back condition. She claimed $8,881 in past medical specials. Plaintiff argued defendant was negligent in attempting to execute an illegal left turn across the path of her oncoming vehicle. Defendant contended plaintiff had sustained only minor soft tissue injuries and that her back complaints were not related to this accident. Jury awarded plaintiff $70,000 in damages.
Location: Hampton City, Virginia
Case Name and Docket Number: Paige v. Terra, CL04000548-00

Parties Dispute Who Was Driving in Single-Vehicle Crash

Type of Injury: Degloving hand injury
Type of Accident: Single-Vehicle
Award/Settlement Amount: $75,000
Case Summary: Plaintiff and Defendant were traveling in the same vehicle near a beltway. The driver of the vehicle lost control. The car skidded and flipped onto the passenger side. Both men denied being the driver of the vehicle, which was owned by defendant. Plaintiff suffered a severe degloving hand injury and was admitted in hospital for 23 days. He had four surgeries, including skin and nerve grafts. Plaintiff contended defendant was negligent and failed to maintain control of the vehicle. Defendant denied plaintiff’s claims. Jury awarded plaintiff $75,000. Per plaintiff’s counsel, the jury awarded less than the claimed medicals as they were uncertain who was driving the car at the time of the accident. There were no witnesses to the accident.
Location: Fairfax County, Virginia
Case Name and Docket Number: Essar v. Singh, CL-2006-0003461

Severe Injury Case Examples

Severe car accident injuries may include multiple complicated fractures, disabling neck and back injuries, traumatic brain injuries, and extensive scarring. Severe injury victims may be left with impairments that prevent a return to pre-crash activities or employment.

Parties Reached Hi-LowAgreement Before Jury Trial

Type of Injury: Chest injury-thoracic sprain superimposed on preexisting degenerative spinal changes.
Type of Accident: Side-Impact
Award/Settlement Amount: $79,700
Case Summary: Plaintiff was involved in a motor vehicle accident when defendant attempted a left turn in front of plaintiff’s oncoming vehicle, causing a collision. Plaintiff was a 42-year-old mechanic with a long history of back pain. He claimed to have sustained a thoracic sprain and aggravation of pre-existing degenerative spinal changes and underwent a protracted course of treatment. Defendant admitted that she failed to yield the right-of-way but contended that plaintiff may have suffered a temporary aggravation of his condition which he should have recovered with treatment in six to eight weeks. Parties reached a $100,000/$35,000 high/low agreement and presented their arguments for damages before the jury. Jury awarded plaintiff $79,700.
Location: Spotsylvania County, Virginia
Case Name and Docket Number: Cook v. Brock, CL08001385-00

Plaintiff Degloving Injury in T-bone Crash with Rollover

Type of Injury: Hand injury-partial degloving to non-dominant hand and forearm
Type of Accident: Side-Impact
Award/Settlement Amount: $90,500
Case Summary: Defendant, an elderly female, was operating a vehicle on an intersecting street. Defendant failed to stop at an stop sign and struck the vehicle in which plaintiff was riding. The impact caused the plaintiff’s host vehicle to overturn and slide approximately 22′ before coming to a rest. Plaintiff sustained a partial degloving injury to his non-dominant hand and forearm. He claimed serious scarring with permanent limitations as a result of the injuries. Plaintiff claimed defendant failed to yield the right-of-way to oncoming traffic. Defendant admitted liability, but contended plaintiff had made a good recovery and exaggerated his damages. The parties settled for $90,500 prior to trial.
Location: Fredericksburg City, Virginia
Case Name and Docket Number: Reyes v. Williams, CL04-99

Policy Limits Settlement for Shoulder and Neck Injuries

Type of Injury: Shoulder Injury-Rotator Cuff tear; Others-Soft Tissue back and neck injuries
Type of Accident: Rear-End
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was operating a vehicle and stopped for a red light. A car driven by defendant stopped behind her. Plaintiff began to proceed once the light turned green, but her vehicle was rear-ended by defendant’s car. Plaintiff was transported from the scene by ambulance and was taken to Hospital. She was treated and released for neck, back and shoulder injuries. She was diagnosed with a left rotator cuff tear, for which she required surgery. Plaintiff filed a motor vehicle negligence suit against defendant. Plaintiff contended that plaintiff failed to keep a proper lookout and was following too closely. Plaintiff admitted liability for the collision. The parties agreed to a policy limits settlement of $100,000.
Location: Chesterfield County, Virginia
Case Name and Docket Number: Bailey v. Boyd, CL 12-1741

Drugged Driver Liable for Punitive Damages

Type of Injury: Soft tissue neck and back injuries and minor injury to the right eye
Type of Accident: Rear-End
Award/Settlement Amount: $135,000
Case Summary: Plaintiff was a passenger in a vehicle traveling on the same road and in the same direction as a vehicle driven by defendant. Defendant was under the influence of crack cocaine and the prescription drugs Xanax and Methadone when she lost consciousness and rear-ended the vehicle in which plaintiff was riding. Plaintiff sustained injuries to her neck, back and right eye. Plaintiff contended that the defendant was negligent in driving under the influence of drugs. Defendant admitted liability for the accident but disputed plaintiff’s damages. The jury awarded plaintiff $35,000 for compensatory damages and $100,000 for punitive damages.
Location: Montgomery County, Virginia
Case Name and Docket Number: Boyd v. Proffit-Sanders, CL05016950

Pedestrian Hit By Car Suffers Multiple Fractures, Closed Head Injury

Type of Injury: Hand injury-Fracture of ulna and radial head of right arm , right shoulder separation; Others-soft tissue neck and back strain, closed head injury resulting in concussion with loss of consciousness.
Type of Accident: Pedestrian
Award/Settlement Amount: $160,000
Case Summary: Plaintiff was involved in a minor collision with a third party. He stopped his vehicle behind the third party’s vehicle and activated his flashers. He exited his vehicle and was walking toward the third party’s car when his vehicle was rear-ended by defendant. The force of the collision propelled the stopped vehicle into plaintiff pedestrian. Plaintiff sustained fracture of ulna and radial head of right arm requiring open reduction and internal fixation among other injuries. Defendant contended that plaintiff caused the accident. Court however ruled that there was insufficient proof of plaintiff’s negligence in the third party accident as the third party was unavailable to testify. Jury awarded plaintiff $160,000.
Location: Fairfax County, Virginia
Case Name and Docket Number: Dobere v. Oracle Corp., 179653

Award to Victim with Shoulder and Chest Injuries

Type of Injury: Chest and shoulder injuries-Thoracic outlet syndrome and rotator cuff tear.
Type of Accident: Side-Impact
Award/Settlement Amount: $185,000
Case Summary: Plaintiff was driving east. Defendant was heading west and turned left into another vehicle ahead of plaintiff and then hit plaintiff’s vehicle. Plaintiff claimed defendant failed to yield the right-of-way to oncoming traffic. Plaintiff claimed she suffered thoracic outlet syndrome and a rotator cuff tear as a result of the accident. Plaintiff’s orthopedic expert testified that the accident caused trauma to plaintiff’s shoulder and, over time, it developed into a rotator cuff tear. Both conditions required surgery. Defendant admitted liability, but denied causation, contending neither condition was likely to have been caused by the accident because there were such lengthy gaps between treatment. Jury awarded plaintiff $185,000 in damages.
Location: Richmond City, Virginia
Case Name and Docket Number: Mandley v. Dickman, CLO5T02299-00

Herniated Cervical Discs Requiring Fusion and Discectomy

Type of Injury: Back injury-herniated discs at C5-C6 and C6-C7
Type of Accident: Side-Impact
Award/Settlement Amount: $186,000
Case Summary: Plaintiff was traveling east while defendant was traveling west. Defendant turned left and went over the median into plaintiff’s lane of travel and struck plaintiff’s car on the driver’s side. Plaintiff contended that defendant was negligent in failing to maintain proper control of his vehicle. Plaintiff sustained herniated discs at C5-C6 and C6-C7 that required surgical fusion and anterior discectomy. Plaintiff also underwent wrist surgery for a ligament tear and tendonitis in her right hand. Defendant denied both liability and damages. Defendant’s orthopedic expert testified that plaintiff’s cervical injuries were likely the result of two previous accidents and only cervical and wrist sprains resulted from this accident. Jury awarded plaintiff $186,000.
Location: Spotsylvania County, Virginia
Case Name and Docket Number: McClung v. Gates, CL 06-362

Traumatic Brain Injury from Striking Steering Wheel

Type of Injury: Head injury-traumatic brain injury, resulting in short-term memory loss; Others-soft tissue cervical and lumbar injuries.
Type of Accident: Rear-End
Award/Settlement Amount: $250,000
Case Summary: Plaintiff was driving her vehicle and came to a stop in traffic and was rear-ended by a vehicle driven by defendant. Plaintiff struck her head on the steering wheel and sustained a closed head injury. She claimed short-term memory loss from her head injury prevented her from continuing to work, forcing her to take an early retirement. Plaintiff sought loss of earnings, lost earning capacity, significant medicals bills, and damages for pain and suffering. Plaintiff contented that defendant was following too closely and failed to pay proper attention to traffic. Defendant admitted liability, but disputed plaintiff’s injuries. The parties reached a $250,000 settlement prior to trial.
Location: Norfolk City, Virginia
Case Name and Docket Number: Longtin v. Gibson, CL11001414-00

Ulnar Injury Verdict Vacated, Case Subsequently Settled

Type of Injury: Hand injury-Ulnar nerve damage causing headaches
Type of Accident: Rear-End
Award/Settlement Amount: $250,000
Case Summary: Plaintiff alleged defendant was negligent in following too closely, not keeping a proper lookout and failing to avoid the accident. Plaintiff suffered an ulnar nerve damage affecting the 4th and 5th digits in the left hand causing permanent tingling and numbness. Plaintiff also had daily headaches. Plaintiff was placed on a pain management course through the use of medication. Defendant admitted liability for the accident. However, he disputed the nature and extent of plaintiff’s injury. The jury awarded $250,000 to the plaintiff, but the verdict was vacated. The matter was subsequently settled for the same amount by an agreed upon order dismissing the case with prejudice.
Location: Frederick County, Virginia
Case Name and Docket Number: Jones v. Mckenna, CL04000041-00

Award for Traumatic Lumbar Injury with Ruptured Disc

Type of Injury: Back injury-ruptured disc at L5-S1 and a traumatic injury at L2-L3.
Type of Accident: Side-Impact
Award/Settlement Amount: $291,590
Case Summary: Plaintiff was involved in a motor vehicle accident with Defendant. Plaintiff suffered a ruptured disc at L5-S1 and a traumatic injury at L2-L3 as a result of the accident. Plaintiff sued defendant for negligence, seeking compensatory damages for past medical expenses, lost wages and pain and suffering. Defendant admitted liability for the accident. Defendant did not dispute the proximate cause of plaintiff’s L2-L3 injury. However, defendant contested the origin of the L5-S1 rupture. Defendant contended the injury was not related to the accident. Jury awarded plaintiff $250,000 plus $41,590 in prejudgment interest for a net verdict of $291,590.
Location: Suffolk City, Virginia
Case Name and Docket Number: Wade v. Linwood, CL05000024-00

Aggravation of Preexisting Multiple Sclerosis

Type of Injury: Back injury-aggravation of preexisting multiple sclerosis
Type of Accident: Rear-End
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was operating a vehicle and was in the process of pulling to the side of the road to yield to an emergency vehicle when she was rear-ended by a bus operated by Defendant. The impact caused plaintiff’s vehicle to flip onto its side. Plaintiff’s vehicle was pushed forward into the back of another vehicle and was then struck a third time by the emergency vehicle. The third impact caused plaintiff’s vehicle to roll onto its roof. Plaintiff, who had pre-existing multiple sclerosis suffered a long term aggravation of prior emotional problems which exacerbated her multiple sclerosis symptoms. Defendants admitted liability and the case proceeded on the issue of damages only. Jury awarded plaintiff $300,000.
Location: Arlington County, Virginia
Case Name and Docket Number: Kerdasha v. Kondaurov, 02-286

Rotator Cuff Tear and PTSD from Rear-End Crash

Type of Injury: Shoulder injury-a torn rotator cuff; Other- post-traumatic stress disorder (PTSD)
Type of Accident: Rear-End
Award/Settlement Amount: $375,000
Case Summary: Plaintiff was driving westbound when the rear of her vehicle was clipped by a semi tractor-trailer driven by an employee of Defendant. The impact spun plaintiff’s vehicle into the front grill of defendant’s truck and plaintiff’s vehicle was pushed approximately 100 yards before the truck came to a stop. Plaintiff claimed defendant’s driver was negligent in failing to safely operate the truck. Plaintiff sustained a shoulder injury. Plaintiff said she was unable to return to work due to post-traumatic stress disorder (PTSD). Defendant admitted liability for the accident, but contended that plaintiff suffered from pre-existing shoulder and psychological difficulties. The jury awarded plaintiff $375,000.
Location: Fauquier County, Virginia
Case Name and Docket Number: Huffman v. Foundry Services, CL06000032-00

Past and Future Damages for Multiple Leg Fractures

Type of Injury: Leg injuries-fracture to the right ankle, a right pilon fracture and a right tibia fracture
Type of Accident: Side-Impact
Award/Settlement Amount: $450,000
Case Summary: Plaintiff was driving westbound in heavy traffic. Defendant was traveling eastbound and made a left turn in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff claimed the accident was the proximate cause of her injuries, which included a severe fracture to her right ankle, right pilon fracture and right tibia fracture. Plaintiff underwent several different surgical procedures to set her fractures. Plaintiff claimed defendant was negligent in the operation of his vehicle. Plaintiff claimed $77,520 in past medicals, $30,000 in future medicals and $100,000 in wage loss. Defendant denied plaintiff’s allegations and disputed the extent of her damages. Jury returned a plaintiff verdict.
Location: Spotsylvania County, Virginia
Case Name and Docket Number: Mills v. Bartz, CL07-906

Toddler Fractures Skull with Traumatic Brain Injury

Type of Injury: Head injury-fractured skull with traumatic brain injury
Type of Accident: Side-Impact
Award/Settlement Amount: $726,500
Case Summary: Plaintiff was operating her vehicle with her 2-year-old daughter secured in an infant car seat in the rear of the vehicle. Defendant attempted to make a left turn in front of plaintiffs’ oncoming vehicle, resulting in a collision. Defendant moved her car out of the roadway, but Plaintiff did not. Plaintiff’s van was struck several minutes later by a utility truck operated by Co-defendant. Plaintiff’s daughter suffered a fractured skull with traumatic brain injury. She was in the pediatric intensive care unit for 16 days and underwent a craniotomy and two blood transfusions. Defendant was charged with failure to yield the right-of-way while co-defendant was charged with following too closely. Parties settled for $726,500.
Location: Virginia Beach City, Virginia
Case Name and Docket Number: Webb v. Brown, CL07-1555

Driver Liable for Pedestrian Traumatic Brain Injury

Type of Injury: Head injury-Traumatic brain injury
Type of Accident: Pedestrian
Award/Settlement Amount: $1,300,000
Case Summary: Plaintiff was walking across a street when he was struck and knocked to the ground by Defendant’s vehicle. Plaintiff sustained a traumatic brain injury as a result of the accident, with residual cognitive losses. Plaintiff sued defendant for negligence, seeking economic damages, including lost income as he could no longer perform his job as a preacher. Defendant argued that plaintiff was talking on his cell phone and not paying attention. Plaintiff disputed this contention and produced cell phone records to show he was not on his cell phone at the time of this accident. Parties agreed to a $1,300,000 pre-trial settlement.
Location: Henrico County, Virginia
Case Name and Docket Number: Cook v. Shelton, CL09000345-00

Methodology

We gathered and analyzed Virginia lawsuits filed by victims of motor vehicle accidents. All plaintiffs in the group received compensation from a court award or by settling with the defendant before trial.

In cases with more than one plaintiff, the Award/Settlement Amount reflects the highest payout to an individual plaintiff.