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Choice of law a factor in personal injury case — $192,000 settlement

April 21, 2008

Plaintiff was an 81-year-old front seat passenger involved in a car accident in Pennsylvania in which her husband, the driver, was at fault for losing control around a turn. Plaintiff and her husband live in Virginia. Plaintiff suffered a comminuted fracture of her proximal femur and underwent an open reduction and internal fixation of her left hip, which involved insertion of a nail into her left femur. Plaintiff was discharged to a nursing home for four weeks after surgery and had physical therapy for one month. Plaintiff made an excellent recovery.

Absent settlement, suit would have been filed in Virginia pursuant to Pennsylvania tort law.

Pennsylvania law apparently did not allow plaintiff to reclaim the amount of medical bills as part of the settlement for this case. The settlement was for pain and suffering and payment of the Medicare lien.