The case involved a death case where the claimant suffered a heart attack while driving his vehicle. The medical examiner had opined that the claimant died prior to the vehicle impacting the tree on the side of the road.
Background: Many times, law firms are quick to make decisions on whether a case is worth fighting. At Reinhardt | Harper | Davis, PLC, we promise to fight for each case, regardless of what another law firm has determined. In many cases, these claims that are so easily declined, will demonstrate how hard an attorney is willing to work to get you the compensation you deserve. The original counsel for the claimant (from a large Virginia based law firm), after investigating the case, declined further representation and closed his file telling the family that the case was not compensable. A friend of the family reached out to Reinhardt | Harper | Davis, PLC and asked if we could look into the case and help them with it.
The case involved a death case where the claimant suffered a heart attack while driving his vehicle. The medical examiner had opined that the claimant died prior to the vehicle impacting the tree on the side of the road. Our office hired an expert to opine that the injuries that claimant suffered in the accident contributed to the claimant’s death. We were able to track down two witnesses who were the first two people on the scene and get them to testify about the claimant’s condition following the impact prior to paramedics arriving.
One of the witnesses was able to opine that he felt a pulse on the claimant, and the other said that he saw that the claimant moved and had a video showing some movement from the claimant. When our expert report and the video were shown to the medical examiner, the medical examiner agreed to redact their prior report and revise it to indicate that the impact with the tree contributed to the claimant’s death. Based on that, the carrier agreed to mediation and ultimately settled the case for $175,000. The family of the deceased claimant was extremely happy with this result particularly in light of prior counsel closing the file.