The legal facts of an auto accident case were not what they seemed in a crash settled earlier this year. In cases of this sort, most people need an attorney with the diligence and determination to investigate every detail of a case to ensure that the facts of the case are actually the facts they appear to be.
The wrongful death case in question was settled in mediation mere weeks before the scheduled trial. No offers were made prior to mediation.
The defendant in the case experienced a medical “event” while driving a car. This “event” caused him to lose control of the vehicle, cross the median, and collide with the plaintiff’s car head-on. The plaintiff was killed in the crash.
A passenger was in the defendant’s vehicle at the time of the crash. The passenger reported that the defendant became unresponsive, turned his head to the left, and shaking just prior to the crash.
Local police investigated the crash, but did not charge the defendant. They concluded that the crash was caused by a “sudden medical emergency.” The defendant did not have a history of seizures. However, the defendant experienced another seizure a few weeks after the crash.
Plaintiff’s attorney conducted extensive discovery and worked with a number of experts. Plaintiff’s legal team was able to uncover the fact that the defendant’s medical emergency was actually a seizure caused by alcohol withdrawal. A significant amount of critical information was uncovered by plaintiff’s attorney that the defendant did not reveal in written discovery or in depositions. The content of the information has been suppressed due to a protective order.
The defendant claimed lack of notice for a defense built on the sudden medical event. It was clear that the defendant’s credibility would be difficult to defend at trial.
Another witness had seen the defendant’s hand trembling less than an hour before the accident.
The case was settled in mediation for $1,000,000 to the plaintiff’s husband and children.
This case was a powerful example of the facts of the case not being the true facts of the case. It was only through the diligent efforts of plaintiff’s family and legal team that the true reason for the medical emergency was uncovered.
If you or a loved one is injured in an auto accident or other vehicle crash, you need an attorney who thoroughly investigates every detail of a case to uncover complete truth of the facts. Bettina Altizer is known for her thoroughness and tenacity in her representation of every client. This, and her deep compassion for her clients, has made her one of Roanoke’s most trusted plaintiff’s attorneys. Call Altizer Law, P.C., for an appointment to discuss the details of your accident with Bettina and her team of experts. After a tragedy, the legal case is about the money.
