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Auto Accident Victim Recovers Maximum Amount Available From Drunk Driver for Back Surgery

On 8/15/08, Plaintiff’s vehicle was struck on the right rear side by Defendant, who pleaded guilty to drunk driving and had a blood alcohol content of .17, more than twice the legal limit in Virginia, for which a presumption of punitive damages applies. Plaintiff suffered herniated discs at two levels in her lower back, for which she had back surgery on 6/10/09. Plaintiff had two prior back surgeries before the accident but was in good health with no complaints on the day of this accident. Plaintiff incurred over $110,000 in medical bills. After Plaintiff’s attorney filed a lawsuit for $1.5 million, the case settled for Defendant’s $250,000 policy limits shortly thereafter – on 1/11/2010.