Lost Wage Claim Of $25,000.00 Finally Awarded

Our client was struck from behind by an Allstate Insured in Fairfax County. Our client suffered pain to his neck and back and underwent therapy with a chiropractor that totaled $15,000. Our client was a contractor and, due to his injuries, he was unable to begin a home renovation job and had to return the retainer, as well as losing out on $25,000 of profit. Allstate, at first, refused to include the project profit loss in the claim and we were forced to file a lawsuit in the Fairfax County Circuit Court. Following the deposition of the customer, Allstate offered up the policy limits of $50,000. We were thereafter able to add another $10,000 from the client’s Underinsured Motorist Policy with Liberty Mutual.

Settlement Of $225,000.00 After Filing Lawsuit In Fairfax, VA

Our client as struck from behind at great speed and suffered immediate pain to her left shoulder, neck and back. Eventually, our client underwent surgery for the supraspinatus tear in her left shoulder. She incurred $90,000 in medical costs to get better, but Erie Insurance only made an offer of only $100,000 with an argument that the shoulder condition was pre-existing. We filed suit in the Fairfax County Circuit Court as a response to that offer. Following discovery responses being exchanged, we were thereafter able to negotiate a settlement of $225,000.00.

Verdict Of $20,000.00 In Fairfax County General District Court

Our client was struck on his driver’s side from the Defendant attempting to come into his lane of travel. He had chiropractic treatment the next day for neck and back pain and sustained medical bills of $5,000. Liberty Mutual Insurance only offered $3,900 based upon the minimal property damage to the two vehicles. As a response, we filed suit in Fairfax General District Court where the limits to file are $50,000.00. We went to trial where our client was able to tell the Judge what he went through as a result of the Defendant’s negligence. The Judge recognized his suffering and awarded a verdict of $20,000 – more than 4x the Insurance Company offer.

Jury Verdict Of $500,000.00 In Loudoun County, Virginia

Our client T-Boned the Defendant as she pulled in front of him in an intersection attempting to make a left-hand turn. Our client suffered immediate pain to his neck, back and shoulders. Following conservative treatment, he underwent surgery for the labral tears in his right shoulder. Despite the surgery being a success, our client still had issues and pain to his right shoulder. Allstate Insurance company made a top offer of $300,000.00 based upon $150,000.00 in medical costs and the decision was made to go forward with trial. What resonated most with the jurors at trial was that our client was unable to play catch with his 12-year-old son – something they enjoyed doing almost every night before the accident. The jury returned a verdict of $500,000.00 – telling our client with that verdict that they understood what he suffered, through no fault of his own, and to give him a small measure of justice.

Tractor Trailer Accident Settled For $800,000.00

Our client was a 73 year old Army Veteran who was involved in a major collision with a tractor trailer in Frederick, Maryland. Our client suffered an obvious open fracture to the right ankle with gross deformity with dislocation towards the lateral side and a displaced fracture and a closed stable burst fracture of T10 vertebra. Reduction surgery was performed that day to reset the dislocated ankle. A few weeks later, the client underwent a spinal fusion of C5 through T1 for C7 fracture and C6-C7 widening. He had an open reduction and internal fixation of C6-C7 and arthrodesis of C5 through T1 with posterior cervical instrumentation. Rods were inserted and held together by screws that remain inside of the client. Due to the multiple claimants involved in the accident, the limited amount of insurance and the small size of the trucking company, settlement was made for the remainder of the insurance policy limits.

$97,000 Settlement For Family Struck by Drunk Driver

In January of 2017 a family of three was at a complete stop at a red light just outside of Fairfax Hospital when a drunk driver slammed into the back of their car.  The defendant had to be removed from his seat by EMTs, who were the first ones to arrive on the scene.  Incredibly, when the police arrived, the drunk driver told them that he was not driving – that he was the backseat passenger in an Uber and that his driver had jumped out and run away.  Thankfully, the EMTs were still on scene and able to identify him as the driver of the car.

He failed all field sobriety tests and, when asked how much he had to drink that night told the police officer “not enough.”  A search warrant was obtained to draw his blood at the hospital to be tested for alcohol.  The defendant’s blood alcohol concentration was 0.16 or twice the legal limit.

Incredibly, when we filed suit against the driver, he and his lawyer filed an Answer stating that he was not too drunk to drive and was not the cause of the crash.

The case settled shortly after suit was filed in the Fairfax County Circuit Court and the family of three received just under $100,000 in compensation for their injuries.

$1,000,000 Auto Accident Settlement

In this auto accident case, the insurance company had made no offer to our client prior to filing a lawsuit.  She was the back-seat passenger in a single vehicle crash when her friend lost control of his car and struck a lightpost and then a tree.  Our endured three major surgeries during the course of her recovery.  With the proceeds of the settlement, we were able to fund an annuity that will make payments to her every month for the rest of her life.

This case settled at mediation with the help of a retired Fairfax County Circuit Court Judge.

Among the injuries suffered by our client were 13 vertebral fractures, including a burst fracture at T3 and a compression fracture at T4; several fractured ribs; a fractured clavicle; bruised lungs; and lacerations to her face and scalp.

She had a rod implanted in her spine at the hospital in emergency surgery on the day of the crash.  Unfortunately, after she had attended physical therapy and made a nice recovery, two of the screws holding the rod in place broke and she had to undergo revision surgery.

At issue in this case was whether our client knew that the driver of her vehicle was drunk.  The two had been out with a group of friends that evening, but the Defendant in our case was to be the Designated Driver.  After the police arrived and performed field sobriety tests, his blood alcohol concentration was tested and it was revealed that his blood alcohol was about one and a half times the legal limit to drive in Virginia.

$665,000 Mediated Settlement of a Motorcycle Crash

We represented the daughters of a retired school teacher who was tragically killed in a collision with a motorcycle in Warren County, Virginia. Following the crash, our client was airlifted to Fairfax Hospital where he passed several days later. We hired an investigator to determine the cause of the crash – at issue was whether or not the tractor trailer had crossed over the double-yellow line and struck our client. This case was resolved in mediation with the trucking company shortly after a lawsuit was filed.

$100,000 Settlement for Driver Struck by Driver Exiting Fairfax Parking Lot

Plaintiff was driving in Fairfax when the Defendant suddenly pulled out from a parking lot, attempting to make a left turn across her lane of travel. Our client slammed into the side of the Defendant’s car, suffering neck and back pain, as well as headaches. She did not go immediately to the emergency room, but later sought treatment from a chiropractor, a physical therapist, and a neurologist over a period of approximately four months.

$140,000 for Husband & Wife Struck by Drunk Driver in Fairfax

Defendant was returning home from a Redskins game on the Dulles Toll Road when he struck the rear of our clients’ vehicle at a high rate of speed. Our clients’ vehicle was propelled off the road and rolled over, totalling the car.

When the Virginia State Police arrived at the scene, the Defendant was charged with Driving While Intoxicated and Refusal. The Defendant was also injured in the accident and was transported to INOVA Fairfax Hospital.

Both of our clients felt pain immediately and the husband was airlifted to INOVA Fairfax Hospital. He suffered a corneal abrasion and pain to his neck and back. His wife suffered pain to her neck and back. Both sought follow up treatment from a chiropractor and were extremely fortunate to be able to make a full recovery within a few months.

The Defendant was not convicted for DWI or refusal in traffic court because of a procedural problem with his arrest. During his deposition, the Defendant claimed that he only had two beers at the Redskins game prior to driving home. Fortunately, the emergency room records were subpoenaed which showed a blood alcohol content of 0.21.

This case was written up in Virginia Lawyers Weekly.


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Law Offices of David L. Marks
10513 Judicial Drive, Suite 204
Fairfax, VA 22030
703-385-1983 fax

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