A mother and daughter were injured when a driver ran a red light
May 06, 2018OUTCOME: Settlement of $1.2 million
A mother and a daughter were seriously injured when a defendant ran a red light.
Norfolk, VA
Personal injury Lawyer at Norfolk, VA
Practice Areas: Personal Injury, Trucking Accident ... +5 more
OUTCOME: Settlement of $1.2 million
A mother and a daughter were seriously injured when a defendant ran a red light.
OUTCOME: Verdict for Plaintiff over 40% larger than top offer made by insurance company
My recent case involved a very likable City worker who had been injured when another driver ran his car off the road. The insurance company argued that my client shared some fault in the accident. I ... then filed a Virginia Freedom of Information Act request for any and all 911 calls and dispatcher records regarding the accident. Thankfully, the records showed the name and telephone number of a witness to the accident who supported my client's version 100%. I shared the witness information with the insurance company, however they continued to refuse to make a fair injury settlement offer. My client and I then tried the case in the Chesapeake General District Court and received a verdict in favor of the plaintiff that was over 40% larger than the top offer made by the insurance company. A lawyer must always be willing to try a case in order to keep the insurance companies honest.
OUTCOME: Settlement $400,000
Plaintiff, a 55 year old flight attendant trainee, was a hotel guest of the defendant when a 40 pound wood valance and drapes in her room fell upon her. Plaintiff alleged that the heavy wood valance w ... as improperly secured into the drywall only, rather than using anchors or fastening the valance directly into the studs behind the drywall. Among several liability experts for the plaintiff was a hotel management expert, who was prepared to opine that the improperly installed valance should have been found by routine inspection required of innkeepers. Liability was disputed by the defendant saying that no notice was provable as a contractor improperly installed the valance, not the hotel. The plaintiff suffered a concussion with injuries to her neck, knee and shoulder. Her orthopaedic doctors in Raleigh, where the plaintiff lived, all treated these injuries as accident related under worker’s compensation. The plaintiff required surgery to repair injury to her anterior cruciate ligament and a partial tear of the lateral meniscus. She also required surgeries to address a partial tear of the right rotator cuff, and also to treat her neck injury at C5-6. A permanent impairment of 15% of the leg, 10% of the upper extremity, and 10% of the neck were calculated by the plaintiff’s physicians. Damages were highly contested by the defendant. Defendant’s position, following a record review, was that the plaintiff sustained no specific definable injury as a result of the valance collapse.
OUTCOME: $700,000.00
The decedent, a renowned author and freedom fighter from Africa, tragically died following a motor vehicle accident involving a tractor trailer semi-truck. The decedent left behind many statutory bene ... ficiaries under Virginia Wrongful Death Law, including children, both adult and minor, and household relatives who he financially supported. Complicating matters was the fact that many of the beneficiaries, who we kept apprised throughout were scatter throughout the world.
OUTCOME: $1,750,000.00 Verdict
A child suffers from Erb’s palsy because of injuries to his brachial/plexus nerves during delivery. Plaintiff’s experts contended the obstetrician was negligent in failing to use accepted techniques t ... o deliver the child once shoulder dystocia had occurred during delivery. They said the injury was caused by applying pressure to the fundal area at the top of the mother’s abdomen rather than to the area just above the pubic bone. Defense experts testified that the injury was caused by contractions during labor rather than by negligence by the physician. A petition for appeal was denied. A petition for rehearing is pending. Attorney O'Mara's prior firm worked with New York Co-Counsel to obtain this excellent result, which, at the time, was the most a jury could award a victim of medical malpractice.
OUTCOME: A pretrial settlement was reached for the $1,000,000 in available insurance coverage minus defense attorney’s fees, for a total settlement amount of $957,250.
The plaintiff was injured when a Black and White Cab operated by defendant Jorge Roberto Rodriguez struck a van on Military Highway in Chesapeake. The plaintiff suffered from mental retardation and ce ... rebral palsy and was disabled before the accident. She suffered gastrointestinal injuries requiring a month of hospitalization and two surgeries, including a colostomy. Past medical specials were in excess of $500,000. She has been wheelchair bound since the accident. Just prior to suit, defendant Rodriguez declared bankruptcy which temporarily discharged The plaintiff as a creditor until leave was sought and obtained from U.S. Bankruptcy Court to proceed against Rodriguez within the limits of available insurance coverage. A pretrial settlement was reached for the $1,000,000 in available insurance coverage minus defense attorney’s fees, for a total settlement amount of $957,250. A special needs trust and a Medicare Set-Aside were created for the plaintiff’s future long-term care. Attorney O'Mara performed substantial work on this case while as associate attorney at his prior law firm.
OUTCOME: Judgment in favor of the plaintiff
Even people with less serious injuries deserve their day in Court when an insuance company incorrectly denies a claim. This case should have been a straight forward case to handle since the defendan ... t driver struck the rear of the plaintiff's car while stopped in a turn lane. The defendant, a Tidewater Community College instructor at the time, however claimed that the plaintiff crossed a solid white line and cut him off, which then caused him to rearend the plaintiff's vehicle. Complicating matters was the fact the the plaintiff's passenger witness had moved out of state and was unavailable for trial. Additionally, the defendant has a witness with him who supported the defendant's version of the case. Furthter complicating matters was the fact that the officer, inexplicably, was convinced the plaintiff had actually caused the accident and issued her a ticket. Thankfully, under Virginia Law, the fact the plaintiff was issued a traffic ticket is inadmissible at a civil trial as long as the accused did not plead guilty. The case was tried in the Virginia Beach General District Court in front of a judge because of the limited injuries and property damage. After hearing all the evidence, a judge fo the Virginia Beach General District Court award judgment in favor of the plaintiff, finding that the plaintiff had proven by the greater weight of the evidence that the defendant was negligent and the sole proximate cause of the accident. The judge awarded the plaintiff money for her medical bills and damage to her car, along with additional money for her pain following the accident.
OUTCOME: Judgment in favor of both plaintiffs
An elderly couple was injured when a hit-and-run driver struck the rear of their vehicle in the City of Chesapeake. The hit-and-run driver fled the scene before a police officer could arrive, and avoi ... ded capture. The wife’s preexisting back injury was aggravated, and the husband was thrown about in the vehicle. The vast majority of people in Virginia carry uninsured motorist coverage for situations. When someone is injured by (1) another who does not have insurance, and (2) another driver who is unidentified, the injured party’s insurance must step into their shoes and provide coverage for injuries caused in the accident. In this case, the husband and wife plaintiff’s had GEICO insurance. Once we sued “John Doe,” since the at-fault driver was never identified, we tried to settle the cases with GEICO, however their offers were unacceptable. Once their top offers were rejected, we moved forward with a joint trial in the Chesapeake General District Court. The judge awarded judgments in favor of both plaintiff’s an awarded substantially more money than GEICOs “top offers.”
OUTCOME:
We obtained the largest reported recovery in Virginia for a single car accident victim in 2020:
OUTCOME:
$1 million settlement - Callers father's car broke down; tow truck was called; he was hooking car up to tow truck when defendant struck rear of his vehicle causing caller's head to be smashed between c ... ar and tow truck. Worked with Jim Hurley on case.