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Deceased driver’s estate recovers $350,000 in rear end auto accident in Fairfax County, Virginia $350,000 Settlement

On 5/29/08, Plaintiff was rear ended by a dump truck while stopped in traffic in his pick-up truck in Fairfax County. Plaintiff complained of lower back pain when he arrived at his doctor’s office several days later. Over the next several months, Plaintiff returned to his doctor with continued low back complaints. Plaintiff had an MRI in August 2008 that revealed a small central disc extrusion at L4-5 in his low back and was prescribed physical therapy that he underwent through December 2008. Over the next couple of years, Plaintiff had continuing low back complaints and a second MRI in February 2010 revealed a worsening disc extrusion at L4-5 and a new small central disc herniation at L5-S1. The decision was made to have back surgery based upon this second MRI and Plaintiff underwent a left L4-5 TLIF ((transforaminal lumbar interbody fusion) using a Globus cage and Medtronic Sextant screws) and was discharged from the hospital on 3/27/11. Tragically, Plaintiff died from a pulmonary embolism on 4/3/11. Plaintiff had no dependents and was single. Plaintiff’s estate filed a wrongful death and survivorship lawsuit and the case settled shortly after mediation and within three weeks of trial. Plaintiff’s total medical bills were $96,000 plus funeral and other related expenses of $16,000.